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FC: Are journalists too eager to side with privacy over free speech?
From: Declan McCullagh <declan () well com>
Date: Wed, 30 Oct 2002 13:30:19 -0500
[From the Poynter.org group weblog... Privacy, at least some aspects of it,
is in tension with free speech. After all, privacy can mean "you are
prohibited from saying something about me" while the right to free speech
tugs in precisely the opposite direction. Journalists in particular should
be cautious about siding with the former at the expense of the latter.
--Declan]
---
Rich Gordon (http://www.poynter.org/tidbits/whoarewetidbits.htm#outing)
on privacy and public records
Business Week has an article
(http://www.businessweek.com/technology/content/oct2002/tc20021029_1516.htm)
about the debate over whether public records should be made available
via the Internet. It's not a bad article, overall, but an impartial
reader would probably conclude from reading it that there are many
kinds of public information that shouldn't be posted to the Web. For
instance, the article mentions property assessment information and
asks, "How does [posting it online] serve the public good?" Well,
here's one reason: It allows me without trekking to the courthouse
to compare my assessment to that of my neighbors, to make sure I'm
being taxed equitably. The article also brings up the infamous case of
Rebecca Schaeffer, the actress who was murdered by a stalker who
tracked her down through state driver's license records. That slaying
spurred Congress to require states to block public access
(http://www.rcfp.org/news/mag/v.cgi?24-1/foi-congress) to driver's
license records eliminating a tool that reporters have often found
useful to track down a source. The irony, unmentioned in the Business
Week article, is that Schaeffer's killer got her address through a
private investigator and private investigators continue to have
access (http://www.rcfp.org/news/1999/1115renovc.html) to license
records under the federal law.
This article is, I'm afraid, all too typical. Frequently, coverage of
privacy issues in the mainstream press seems to take the side of the
privacy advocates even when the cause of privacy is directly at odds
with the ability of journalists to do their jobs. (And, I'd argue, with
the role of the press in a democratic society.) I'm not arguing that
journalists should become advocates in their coverage of privacy issues
but I think we can do a better job of making sure that the case for
availability of public records online gets a fair representation in our
coverage.
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- FC: Are journalists too eager to side with privacy over free speech? Declan McCullagh (Oct 30)
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