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1992 Wis. L. Rev. 1335 (1992)
One Hundred Years of Privacy

handle is hein.journals/wlr1992 and id is 1347 raw text is: ARTICLES
In this Article, Professor Ken Gormley examines the evolution of privacy law in
the United States one hundred years after Samuel Warren and Louis Brandeis authored
their seminal piece in the Harvard Law Review in 1890-91. Professor Gormley argues
that scholars have been unable to agree upon a one-size-fits-all definition of legal
privacy because it actually consists of five distinct species:
1)   The Privacy of Warren and Brandeis (Tort Privacy)
2)   Fourth Amendment Privacy
3)   First Amendment Privacy
4)   Fundamental-Decision Privacy
5)   State Constitutional Privacy
Professor Gormley demonstrates that these five species are heavily interrelated, with
historical jolts or 'catalysts producing new brands of privacy when existing law is
incapable of dealing with unexpected societal and technological changes. Thus, he
argues, seeking a simple definition of privacy is a misguided quest. Rather, privacy will
remain extremely sensitive to historical triggers, and new permutations of this right to
be let alone will inevitably develop as American democracy itself evolves.
As the year 1990 was retired into the discarded calendar-books of
history, the United States celebrated a birthday that came and went in
appropriate silence. It was one hundred years ago, in the winter of
1890-91, that Samuel Warren and Louis Brandeis published their now-
famous article in the Harvard Law Review, entitled simply: The Right to
Privacy.' In that compact twenty-seven-page work, appearing four years
*    Attorney, Cindrich & Titus, Pittsburgh, Pennsylvania; Adjunct Professor,
University of Pittsburgh School of Law. B.A. 1977, University of Pittsburgh; J.D. 1980,
Harvard Law School. This Article is dedicated to Professor Archibald Cox, the late
Professor Paul A. Freund, Retired Justice William J. Brennan, Jr., President John E.
Murray, Jr., Robert J. Cindrich, and Dr. Holbert N. Carroll-all of whom contributed
ideas, suggestions and guidance in helping the author complete this project, his Poor
Man's LL.M.
I would also like to thank Sean Sheridan, who provided valuable research assistance
in the early stage of this sprawling undertaking.
Finally, my greatest appreciation goes to my beautiful wife, Laura, who encouraged
me to rewrite this paper until it was the best thing I was capable of writing; and my
children, Carolyn and Luke, who enticed me into jumping on the couch and reading
Norman the Doorman in lieu of spending my entire life on the footnotes.
1.   Samuel D. Warren & Louis D. Brandeis, The Right to Privacy, 4 HARV. L.
REV. 193 (1890). The article itself was published on December 15, 1890, at a price of

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