Politech mailing list archives

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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