Two interesting blogs on the issue from the same link Robert posted:- 1. "Seems to me Scalia understood the point perfectly. His comments demonstrate that. The point being whether such information and activities are and should be protected by the First Amendment. As Scalia observes, just because something is legal doesn’t mean you should do it. There is much that is offensive yet protected by the First Amendment. Anyone would be rightly annoyed at someone purposely digging into their private information; even more so when that person is in a position such as a U.S. Supreme Court justice. Scalia never said it should be illegal - in fact, he said the exact opposite" 2. "I second the Kudos to Professor Reidenberg for illustrating a point. We can agree legal and “right” don’t always go hand in hand. Being tired of privacy invasions and others profiteering on information I reasonably believe to be private without my consent are legitimate concerns. Maybe its time to link these two, legal & “the right thing to do” with regard to privacy. Isn’t that what Reidenberg is asking us to consider?" Some of the attacks on the blog are ad homimem (or should, it being Scalia, be 'ad homunculus'?) but it is valid - I think - that, in doing this kind of investigatory exercise to expose certain facts, we target a public figure of relevant importance who has denigrated the dangers posed by those facts. Second, while the (im)moral and (il)legal are not, and should not be, always co-terminus, in many cases they _should_ be (e.g. murder). Adultery may be immoral, so may abortion (if, say, practiced as a form of mere belated contraception), but there it is possible - on a lesser evil basis -to say, morally and given practicalities, that the law should nevertheless have no business interfering with choices made. It of course does not follow that this is always morally the case. So this point is a red herring as an argument in that it does not favour one side over the other but merely sets us the problem of deciding in a given specific case whether immoral activity should be made illegal. Third, while access to information may be defended on grounds of openness, the downside is that it facilitates serious criminal activity (e.g. identity theft and fraud) - so the 'right to privacy' is not the only right that such information undermines: it potentially undermines well-established legal rights (to life and property). For these reasons, I don't see bad judgment on the Professor's part given this was an investigatory exercise to expose the current situation. The Professor didn't invent the situation and nor has he made public something unknown to those who would wish to abuse the freedom of access to information. Scalia's remarks seem to me small-minded and poorly thought out. There was a nurse in Britain struck off for secretly filming patients to show how badly treated they were. She did this after trying and failing to get their treatment improved using authorised channels. This result sends the message: expose the profession and you will lose your job (no one denied the treatment of patients was poor or otherwise defended it). Here the patient's privacy was thought to have been invaded and of course there were issues of confidentiality. The law hasn't really found a satisfactory way of allowing morally legitimate investigations in such cases and until it does bad practice will remain underexposed (as it usually is). But fortunately here we have a morally legimate investigation, using a well-chosen target, that is also within the law. Donal Salop --- On Sat, 2/5/09, Robert Paul <rpaul@xxxxxxxx> wrote: > From: Robert Paul <rpaul@xxxxxxxx> > Subject: [lit-ideas] Justice Scalia on privacy > To: lit-ideas@xxxxxxxxxxxxx > Date: Saturday, 2 May, 2009, 11:05 PM > http://tinyurl.com/crbzjg > > Robert Paul > ------------------------------------------------------------------ > To change your Lit-Ideas settings (subscribe/unsub, > vacation on/off, > digest on/off), visit www.andreas.com/faq-lit-ideas.html > ------------------------------------------------------------------ To change your Lit-Ideas settings (subscribe/unsub, vacation on/off, digest on/off), visit www.andreas.com/faq-lit-ideas.html