The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Privacy and the Press
Interviewing Amy Gajda
This bonus episode of the Cyberlaw Podcast is an interview with Amy Gajda, author of "Seek and Hide: The Tangled History of the Right to Privacy." Her book is an accessible history of the often obscure and sometimes "curlicued" interaction between the individual right to privacy and the public's (or at least the press's) right to know.
Gajda, a former journalist, turns what could have been a dry exegesis on two centuries of legal precedent into a lively series of stories about the conflicts behind the case law. All the familiar legal titans of press and privacy -- Louis Brandeis, Samuel Warren, Oliver Wendell Holmes – are there, but Gajda's research shows that they weren't always on the side they're most famous for defending. You may come for deep thoughts about the law of privacy and press, but you'll stick around for generous helpings of sex and hypocrisy (which, it turns out, is pretty much the core of privacy and, often, journalism).
This interview is just a taste of what Gajda's book offers, but lawyers who are used to a summary of argument at the start of everything they read should listen to this episode first so they know up front where all the book's stories are taking them.
Download Bonus Episode 412 (mp3)
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The job of the press is to bring eyeballs to the advertisers. As a result almos/ all of it commits the Exception Fallacy. They nitpick their enemies and explode tiny irrelevant infractions. Pick a random inewspaper from 50 years ago. The content is the same as today. You waste time reading their escapist invalid garbage. No press will attack an advertiser. Want to stop the NY Times investigation? Buy a full page ad for $10000. The press has lower morals than the scumbag lawyer. It has less validity being all hate speech propaganda for the feelings of their billionaire owners.
These flaws are true of the lical press the scientific press, garbage escapist fare.
One remedy is to legally enforce their Code of Ethics in litugation. It is pretty good. End their garbage immunities making them stink. The stink of the press is caused by the stinking lawyer profession, the font of all social pathologies by its failure to do its job of regulation.