Published online by Cambridge University Press: 22 October 2020
What can be done about the relative lack of doctrinal protections for privacy while in public? How can society – and the law – begin to recognize and appreciate that privacy while navigating public space is of critical importance, particularly for marginalized communities, and worthy of doctrinal protection? In this chapter, after first elaborating and deepening extant proffered justifications for a right to public privacy, I bolster these justifications by underscoring what is, perhaps, a more direct constitutional/doctrinal value served by a right to public privacy. In addition to facilitating future speech and attempts to freely associate (as rightly emphasized by many defenders of public privacy), attempts to preserve a degree of privacy or anonymity in public (often undertaken by members of marginalized groups) are frequently a form of performative and expressive opposition to an ever expanding surveillance society and, as explained in Chapter 3, may be protected as symbolic, expressive conduct under the First Amendment.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.