Monday, May 18, 2009

Law students teach Scalia about privacy and the Web

Here's a story from the NYT about what a class at Fordham Law School was able to find online about SC Justice Antonin Scalia. Speaking about privacy rights and the Internet at a conference, Scalia was quoted by the AP as saying:
“Every single datum about my life is private? That’s silly.”
The professor saw it as a teaching moment. The class was able to find Scalia's home address and phone number, his wife's e-mail address and what foods and movies he likes. The 15-page dossier they compiled wasn't meant to be made public but the professor spoke about it at a conference and the news was reported online at Above the Law. Scalia's response to Above the Law:

“I stand by my remark at the Institute of American and Talmudic Law conference that it is silly to think that every single datum about my life is private. I was referring, of course, to whether every single datum about my life deserves privacy protection in law.

“It is not a rare phenomenon that what is legal may also be quite irresponsible. That appears in the First Amendment context all the time. What can be said often should not be said. Prof. Reidenberg’s exercise is an example of perfectly legal, abominably poor judgment. Since he was not teaching a course in judgment, I presume he felt no responsibility to display any.”


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