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Remembering Privacy and Regulation

In a brief response to Eric Miller’s Forget Privacy, Alfred Brophy reminds us that the Warren Court was concerned with a number of allied issues, including privacy (and what Miller refers to as “personal security”) and regulation of government action.  Remembering Privacy and Regulation suggests that the Warren Court drew upon a deep well of cultural ideas about the individual’s relationship to the government and that those ideas included a sense of equal treatment, of limitation on the government’s ability to intrude on individuals, and a broad sense of the privacy.  Thus, this response is an effort to see the Warren Court as closely connected to its era, whose agenda changed over time, rather than the more unified picture that Miller depicts.

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