Pub. date: 2009 | Online Pub. Date: December 16, 2009 | DOI: 10.4135/9781412972048 | Print ISBN: 9780761929574 | Online ISBN: 9781412972048| Publisher:SAGE Publications, Inc.About this encyclopedia
W. Wat Hopkins
The concept of privacy has always been a bit of an outcast in American jurisprudence. The source and scope of a right of privacy has been the subject of debate in both the scholarly literature and in the courts since the late nineteenth century. Over the years, however, concerns about the collection and dissemination of private information have caused lawmakers and courts to increase efforts to ensure individual privacy. These efforts sometimes come in conflict with the business and practice of journalism, and it appears likely that if compromise is not reached, lawmakers and courts will continue to attempt to place restrictions on journalistic practices. The law has changed and continues to change. Much of the controversy over the right to privacy arises from the fact that this right is not specifically enunciated in the Constitution, though it is implied in the Third Amendment prohibition against the quartering of soldiers ...