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Articles 1 - 3 of 3
Full-Text Articles in Privacy Law
The First Amendment In The Second Gilded Age, Jack M. Balkin
The First Amendment In The Second Gilded Age, Jack M. Balkin
Buffalo Law Review
How do we pay for the digital public sphere? In the Second Gilded Age, the answer is primarily through digital surveillance and through finding ever new ways to make money out of personal data. Digital capitalism in the Second Gilded Age features an implicit bargain: a seemingly unlimited freedom to speak in exchange for the right to surveil and manipulate end users.To protect freedom of speech in the Second Gilded Age we must distinguish the values of free speech from the judicially created doctrines of the First Amendment. That is because the practical freedom to speak online depends on a …
Privacy And The Right To One’S Image: A Cultural And Legal History, Samantha Barbas
Privacy And The Right To One’S Image: A Cultural And Legal History, Samantha Barbas
Contributions to Books
Published as Chapter 9 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.
The Political Economy Of Celebrity Rights, Mark Bartholomew
The Political Economy Of Celebrity Rights, Mark Bartholomew
Journal Articles
This essay discusses how the right of publicity became such a robust property right — much more far-reaching than analogous rights in copyright or trademark. One cannot explain the accretion of celebrity publicity rights as a matter of legal logic or simple reaction to the growing economic value of celebrity endorsements. Instead, the essay explains the right's expansion from the perspective of political economy. Critical innovations to the right of publicity occurred in the particular political environment of the 1980s and 1990s. Despite some groups' resistance to new, specialized entitlements for celebrities, the conditions were right for a particular coalition …