Privacy and Content Over Time: The Role of Agreement in Fourth Amendment Analysis, 54 William & Mary Law Review 1693 (2013)
Like many legal systems around the world, the American system
protects the "right to privacy," or, as Samuel Warren and Louis
Brandeis famously put it, the "right to be let alone."^ Although
Warren and Brandeis's formulation has profoundly influenced
privacy law, a moment of thought reveals that most of us do not
wish to be entirely "let alone." An individual wholly surrounded by
a cocoon of solitude—for instance, the Russian mathematician who
declined the equivalent of a Nobel Prize because he preferred to
remain secluded in his mother's St. Petersburg home—is a rarity
(and usually at least somewhat of an oddity). Although we do not
want our homes or property to be open for inspection at all times,
we usually want the police to be able to come in and take a look
when we have been victims of a burglary.
Date of Authorship for this Version
Jolls, Christine, "Privacy and Content Over Time: The Role of Agreement in Fourth Amendment Analysis" (2013). Faculty Scholarship Series. Paper 4727.