Overview
Discussion here consists of responding to two questions:
(a) What is the most important point raised in Brandeis' article?
(b) Why do you think it is important as sseen through the lens of any of our moral theories?
“What” is most important—part (a)—means you present an unbiased, straight-forward account of what you think is the most important point in the reading, with as full an explication of what this point means. The “why” part—part (b)—is evaluative, which means you offer critical analysis, reflecting on why this point matters.
Respond to two other classmates
https://www.cs.cornell.edu/~shmat/courses/cs5436/w...
https://www.youtube.com/watch?v=zWmEZAl4sxc
response 1
I think the most important point raised in Brandeis' articles is their belief in the idea of “to be let alone”. Brandeis believed that no one has the right to publish someone else’s productions without their consent. He stated that the press was overstepping its boundaries when they were releasing information on people. To satisfy the public, people need to gossip about people. They were only releasing information that was irrelevant and had no purpose for the greater good and intruded on that person's right to privacy. Once released by the publisher the common law is already lost.
By looking at Brandeis's belief in the idea of “to be let alone” in the eyes of Kant’s moral theory. We will see that we make it a universal law that it is morally right to release information on your work of art and gain money by releasing that information. Nobody is going like that because you worked on a project and spent hours making it. Then someone leaks information about it and releases it before you are and makes a profit off of it. Also by looking at the right to property. This can also lay out the foundation for the right to publication. This is why Brandeis wanted to examine ways to make a law so that you can prevent publication because this could be done with the right to property.
response 2
a) The most important point raised in Brandeis’ article is the limitations on the right to privacy. In his article, Brandeis argues that there are six limitations on the right to privacy. These limitations include: we should not prohibit any publication of matter which is of public or general interest, we should not prohibit the communication of any matter when the publication is made under circumstances that would render it a privileged communication according to the law of slander and libel, the law would probably not grant any redress for the invasion of privacy by oral publication in the absence of special damage, the right to privacy ceases upon the publication of facts by the individual or with his consent, the truth of the matter published does not afford a defense, and the absence of malice in the publisher does not afford a defense.
b) These limitations on the right to privacy can be seen through the lens of utilitarianism. Utilitarianism states that whenever we have a choice between actions, we must choose the one with the best overall consequences for everyone. In this situation, these limitations help to protect people’s privacy from publishers. Some examples of these “publishers” are news broadcasters, journalists, photographers, etc. Applying these limitations to today’s publishers would yield the best overall consequences for everyone. Nowadays, people are having their privacy violated for sensationalized new stories. If these limitations on the right to privacy were enacted, our news cycle would be less about gossip and fake news and more about important, accurate news.