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Privacy, Press, and the Right to be Forgotten in the United States

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dc.contributor.author Gajda, Amy
dc.date.accessioned 2018-03-29T13:38:58Z
dc.date.available 2018-03-29T13:38:58Z
dc.date.issued 2018-03
dc.identifier.citation 93 Wash. L. Rev. 201 (2018) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/1774
dc.description Volume 93, no.1, March 2018 en_US
dc.description.abstract Amy Gajda, The Class of 1937 Professor of Law, Tulane University Law School, a former journalist and professor of journalism. Abstract: When the European Court of Justice in effect accepted a Right to Be Forgotten in 2014, ruling that a man had a right to privacy in his past economic troubles, many suggested that a similar right would be neither welcomed nor constitutional in the United States given the Right’s impact on First Amendment-related freedoms. Even so, a number of state and federal courts have recently used language that embraces in a normative sense the appropriateness of such a Right. These court decisions protect an individual’s personal history in a press-relevant way: they balance individual privacy rights against the public value of older truthful information and decide at times that privacy should win out. In other words, they recognize that an individual whose embarrassing past has been revealed by another can sue for invasion of privacy in the United States, even when the historic information was once public. This Article explores Right to Be Forgotten-sensibilities in United States jurisprudence and suggests that such a Right has a foundation in historical case law and present-day statutes. It argues that the legal conception of privacy in one’s past may have some limited practical and important purposes but warns that any Right to Be Forgotten must be cabined effectively by presuming newsworthiness—a word defined similarly in law and journalism—in order to protect significant and competing First Amendment interests at a time when people in high places have vowed to curb press freedoms. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Article en_US
dc.title Privacy, Press, and the Right to be Forgotten in the United States en_US
dc.type Article en_US
dc.rights.holder Copyright 2018 by Washington Law Review Association. en_US

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