Revisiting the Voyeurism Value in the First Amendment: From the Sexually Sordid to the Details of Death
This Article takes a fresh look at the question of "whether the First Amendment freedom of the press will protect our desire to watch against claims of invasion of privacy and other intrusive newsgathering practices [,]" and the fundamental tension between maintaining privacy and accelerating voyeurism, while addressing the notions of geographic privacy and newsworthiness that are critical in this conflict. In particular, this article surveys five specific and cutting-edge areas in the law that demonstrate the conflict between privacy and voyeurism and the legal system's struggles to reconcile the two concepts. Each of these is an area that has developed since the proposal of the voyeurism value in 1999. Ultimately and unfortunately, the clear pattern that is revealed across these areas is that of inconsistency-there is still ferment in the field. We are only minimally closer to resolving the legal issues that divide privacy and voyeurism.
Clay Calvert, Revisiting the Voyeurism Value in the First Amendment: From the Sexually Sordid to the Details of Death, 27 SEATTLE U. L. REV. 721 (2004).