Balancing Privacy and Free Speech

Unwanted Attention in the Age of Social Media

By: Mark Tunick

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Hardcover | 4 September 2014 | Edition Number 1

At a Glance

Hardcover
238 Pages

Dimensions(cm)
23.4 x 15.6 x 1.91

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This book addresses ethical and legal questions that arise when technologies such as smart phones, Google Glass and social networking websites, as well as traditional media technologies, are used to give individuals unwanted attention. During a recent NBA playoff game a female fan was caught on camera thrusting her middle finger in the face of a player leaving the floor after he was ejected. The next day the image was featured on several prominent sports websites and a newspaper article divulged details about her 'intriguing past'. Former criminals who completed their sentence long ago have received unwanted attention when an article appears mentioning their past crime. But can someone legitimately expect privacy in these circumstances? If so, could those privacy interests ever be weightier than society's interest in free speech and access to information? Drawing from a broad range of case studies, Laws and Ethics of Privacy and Free Speech argues that, despite the instant sharing of information on social media, individuals should still have a degree of control over the extent to which information about them is disseminated. In deciding whether to limit access to information for the sake of privacy we must take into account the potential costs of restricting free speech, and the author examines this issue in detail, analysing the cultural differences in attitudes toward privacy as reflected in U.S. and European law. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.

Industry Reviews

"The tension between privacy and free speech is ever changing, and technology increases the tension. Citing relevant, seminal cases and using compelling fact patterns for privacy and free speech, Tunick (Florida Atlantic Univ.) uses truly global comparative law sources to explain social and legal norms regarding technology and privacy. He attempts to define privacy in relationship to its aspects that are vital to human life, advocates for a narrower plain view doctrine than most courts hold, and attempts to define what newsworthy events are. Recognizing that there is a need for free speech, he attempts to define where privacy begins and the right of free speech ends. While acknowledging that the creation and use of technology advances ethical and social issues more rapidly than the law can address them, he argues that these issues should be memorialized in the law. This would be an excellent source for delving into the contemporary issues of privacy and free speech." RECOMMENDED: CHOICE- J. M. Keller, Florida Coastal School of Law

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