SEEK AND HIDE, The Tangled History of the Right to Privacy, by Amy Gajda is "just the sort of road map we could use right now" according to The Atlantic. And indeed, Gajda has been commenting on the recent execution of a search warrant at Mar-a-Lago (see link below for piece in Wired magazine) and on the relationship between abortion and the right to privacy (Time magazine article link below). She begins her new book with a short primer on the four types of US law: Constitutional (federal and state), enacted statutes, regulations, and the common law created through the judicial system. Subsequent chapters deal with the rise of privacy and the rise of media as well as more recent debates on topics like the right to be forgotten. Gajda stresses that tension exists between the individual's right to privacy and the public's right to know the truth. She frames the discussion within an historical context and illustrates her points with stories and anecdotes (with several, for example, involving Louis Brandeis and Oliver Wendell Holmes), but the topic is quite complicated, particularly for an average reader. Throughout this sometimes surprising and always thoughtful review Gajda's expertise, both as a journalist and as the Class of 1937 Professor of Law at Tulane Law School, is evident. An extensive set of notes, lengthy bibliography, and useful index are included.

https://www.wired.com/story/trump-mar-a-lago-raid-fbi-privacy/
https://time.com/6196495/privacy-rights-abortion-men-women/

Quick Take: The legal questions of “the right to privacy” vs. “the right to know” is ongoing, complex and has far reaching consequences for us today.

Seek and Hide by Amy Gajda explores the legal precedent “the right to privacy” both through historical and current legal cases.

All the way back to the founding of the United States, the “right to privacy” has been a concern. Powerful people like Thomas Jefferson successfully kept his scandalous relationship with his slave Sally out of the newspapers due to his supposed “right to privacy.” This book follows the legal history of privacy from the founding of the United States today. According to Gajda, “…protection for the powerful is a familiar theme in the history of the right to privacy.”

Gajda walks through some of the most influential cases that regard “the right to privacy.” While some of the stories are winding and hard to follow, I still enjoyed hearing about the scandalous dramas of the past. It seems like humanity hasn’t really changed much in the past hundred years - everyone loves a bit of juicy gossip!

The right to privacy is a complex legal issue divided between an individual’s “right to privacy” and the public’s “right to know.” I found many of the cases frustrating and unfair when it seemed the media could publish explicit information about someone at the expense of their privacy and dignity. I felt angry at many of the legal outcomes of cases in this book. Can we not find a better balance between the “right to privacy” and freedom of speech? Right now, it’s pretty much anything goes no matter how hateful, revealing, or indecent.

Here are some questions relevant to “the right of privacy law” today: should websites be held liable for the content others post on their platform? With cameras on many doorsteps, what should be kept private?

This book is especially relevant today given that Roe Vs. Wade was made on the precedent of “the right to privacy.” If you’re interested in this topic or privacy issues, I can wholeheartedly recommend this book.

Rating: 4/5
Genre: Non-Fiction/History

I have had a personal interest in privacy since the tail end of the Cold War, when I was personally involved in an incident that threatened the privacy of library users. I really appreciated reading journalist-turned-Law Professor Amy Gajda's accessible book about the tensions between privacy and freedom of speech in Seek and Hide. Of particular note is her early chapter on law, procedure, and precedent, modeled on what is taught to new Law School students. Her historical approach works well for her subject. Seek and Hide is a must-read for anyone interested in this vitally important topic.