The Limits of Tort Privacy
@article{Richards2011TheLO, title={The Limits of Tort Privacy}, author={Neil M. Richards}, journal={J. Telecommun. High Technol. Law}, year={2011}, volume={9}, pages={357-384} }
The conception of tort privacy developed by Warren, Brandeis and Prosser sits at the heart of American understandings of privacy law. Rooted in protection of private information against unwanted collection, use, and disclosure, tort privacy protects against emotional injury, and was directed by design against disclosures of true, embarrassing facts by the media. In this essay, I argue that as conceived by Warren and Brandeis and interpreted by Prosser, tort privacy is a poor vehicle for…
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DO NOT DELETE
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RESTATEMENT (SECOND) OF TORTS §652D
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Barron, supra note 18, at 908-09
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- 1940