The Right to Privacy 1890
Louis Brandeis (1856–1941), Samuel Warren (1852–1910)
Louis Brandeis (1856–1941) – an American lawyer and associate justice on the Supreme Court of the United States from 1916 to 1939
Samuel Warren (1852–1910) – a Boston attorney.
“The Right to Privacy,” authored by future Supreme Court judge Louis Brandeis and his then-colleague Samuel Warren, was published in the Harvard Law Review in 1890.
The United States Constitution is a living document. Despite the fact that our founding documents were written in the pre-Industrial 18th century, they were intended to adapt to times when technology such as phonographs and photographs, telegraphs and telephones, audio-visual recordings and transmission, the digital era, and the Internet were still unknown.
Certain inalienable rights, such as the right to liberty and the pursuit of happiness, are mentioned in the Declaration of Independence and the Constitution. If such rights are not directly and expressly protected by legislation, laws, and regulations, the conclusion must be that they are covered by a common law reality. The roots of a right to privacy, as well as a right to be free of harassment and exposure, may be found in the common law.