The Investigation To The History Of American Privacy Protection

The notion of privacy is the foundation of the right of privacy, generating from humanevolution and society development.The understanding of notion of privacy and the right ofprivacy is extended gradually with society development, so the explanation of Americanacademia on privacy definition is multifarious and the debate on the concept of privacy rightnever stop. In the19thcentury, the famous scholars Warren and Brandeis defined privacy asthe right to be alone in the article entitled The Right to Privacy published on Harvard LawReview. And then, they firstly proposed the concept of privacy right in the articles. Warrenand Brandeis considered that the privacy is the right usually to decide own thoughts, ideas andemotions in the extent to communicate with others.The United States is the pioneer country oftheory research and system legislation to privacy right and its privacy right is worth to exploreand research. Therefore, this paper intends to discuss the derivation and development ofAmercian privacy right.This paper mainly analyzes and discusses the American privacy right protection on thefollowing four aspects. Started with the concept of privacy right, the first part of this papermainly represents the derivation of American privacy right, illustrated the generation andestablishment of privacy notion and privacy right concept respectively. The notion of privacyis the foundation of the right of privacy, generating from human evolution and societydevelopment.This paper starts with privacy and elaborates the development of privacy notionfirstly, then the author expounds the generation and establishment of concept of privacy right.Samuel D. Warren and Louis D. Brandeis firstly proposed the concept of privacy right in thearticle entitled The Right to Privacy published Harvard Law Review in1890.The authorenumerates representative standpoints among various countries and conducts preliminarydiscussion on the concept of privacy right.The second part mainly represents rejection and recognition of privacy right stipulated incommon law of America. The author selects a few typical cases in common law toillustrate the process from rejection to recognition of privacy right. After that theauthor discusses the development of privacy right theory in common law based on TheRight to Privacy by Pretsell and Restatement Torts (2ndversion).The third part mainly represents establishment and development of privacy rightin United States Constitution.The author also selects a few typical cases to analyze. Gruss Ward vs. Connecticut case is explicit judgment in history that Constitutionprotects the privacy right outside constitution amendment. The case marked theestablishment of privacy right. Warren vs. Roy case marked that constitution strengthenedthe protection of privacy right. Ultimately author illustrates the protection of state’sconstitution and U.S. Congress to privacy right.The author discusses the reason why the privacy right established in United States at theearliest in the fourth part. The author mainly discusses from culture heritage, historicalbackground and social condition, political system and legal foundation.