Paul John Eakin

How Our Lives Become Stories: Making Selves

Publisher: Cornell University Press (1999)

161-163

Jeffery H. Reiman argues that privacy is 'a precondition of personhood,' 'a social ritual by means of which an individual's moral title to his existence is conferred' (310). Moreover, theorists of privacy seem to agree that space or social distance is a precondition of privacy. If we accept this hypotheses, ethical problems will arise in life writing when space is transgressed, when privacy is abridged, with the result that the integrity of the person is breached or violated. I investigate this link between privacy and personhood first in the philosophical and juridical literature and then in various kinds of life writing. \r\n\r\nThe American press seized upon the death of the late Jacqueline Kennedy Onassis in 1994 to mourn the passing of an ideal of privacy that this beloved public figure had, paradoxically, come to represent. No one needs reminding that we live in an age of intrusiveness, where each innovation in communications technology seems to create some new threat to the possibility of being left alone: we read daily about eavesdropping on the eaveless virtual space of cellular phones, about call screening, caller identification, and scrambling devices. It is surely a sign on the times that access is newly empowered as a transitive verb. The hunger of the public for the private lives of the rich and famous has spawned a breed of professional privacy-busters - gossip columnists and paparazzi - and Onassis became the chosen prey of self-styled paparazzo Ronald E. Galella. Photographer Galella's single-minded pursuit of Onassis resulted in more than a decade of litigation, culminating in a Federal Superior Court judgement in 1982 that upheld Onassis's 'constitutional right of privacy' (Galella 1106)... \r\n\r\n The legal history of the right to privacy invoked in this case dates from the publication in 1890 of a celebrated article by Samuel D. Warren and Louis D. Brandeis titled, precisely, 'The Right to Privacy.' The article was occasioned by Warren's exasperation with intrusive coverage of his family's social life by the popular press of the period; revolutions in printing technology and photography exposed anyone deemed to be a celebrity - the Warrens were socially prominent Bostonians - to the gaze of a mass-circulation audience. Brandeis and Warren argued for 'a general right to privacy for thoughts, emotions and sensations...whether expressed in writing, or in conduct, in conversation, in attitudes, or in facial expression' (82), a right so comprehensive and fundamental, in fact, that we might call it the right to personhood. Their own formulation, however, as we shall see, has proved peculiarly memorable, 'the right to an inviolate personality' (85). \r\n\r\nThe subsequent legal history of privacy is rich and complex, turning especially on challenges to Brandeis and Warren's positing of a single, all-embracing right. William Prosser, for example, reviewing seventy years of cases in 1960, found that 'the law of privacy comprises four distinct kinds of invasion of four different interests of the plaintiff.' I quote his description of these four torts to suggest something of the complex of issues with which the right to privacy has been associated in the law: \r\n\r\n1. Intrusion upon the plaintiff's seclusion or solitude, or into his private affairs. \r\n2. Public disclosure of embarrassing private facts about the plaintiff. \r\n3. Publicity which places the plaintiff in a false light in the public eye. \r\n4. Appropriation, for the defendant's advantage, of the plaintiff's name or likeness. (107) \r\n\r\nCountering the apparent reductiveness of Prosser's four-part analysis, however, is Edward J. Bloustein's 'Privacy as an Aspect of Human Dignity: An Answer to Dean Prosser' (1964), a defense of the distinctiveness of the right to privacy claimed by Brandeis and Warren. Bloustein discerns in all of the manifold transgressions against the right to privacy 'an interference with individuality, an interference with the right of the individual to do what he will.' His portrait of the person deprived of privacy, moreover, is chilling: 'Such a being, although sentient, is fungible; he is not an individual' (188). \r\n\r\n*Galella*: Galella v. Onassis. 533 F.Supp.1076 (1982)