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Protesting without a face: Privacy in public demonstrations.

Authors :
Lovera‐Parmo, Domingo A.
Source :
Constellations: An International Journal of Critical & Democratic Theory; Jun2023, Vol. 30 Issue 2, p179-191, 13p
Publication Year :
2023

Abstract

The problem here is how to strike the right balance between governments' interest in preventing/prosecuting crime and that of the protesters in exercising their constitutional rights. CONTEXTUAL INTEGRITY In their much-quoted piece, Samuel Warren and Louis Brandeis argued that privacy was better understood (and legally protected) as "a more general right of the individual to be left alone ... of an inviolate personality" (1890-1891, p. 205), a right "as against the world" (Warren & Brandeis, [63], p.213). The right to protest is regularly built upon a cluster of foundational rights, most notably freedom of expression and of assembly - without them, there can be no right to protest. Face-veil bans and anti-masks laws: State interest and the right to cover the face. As in other cases, courts were called upon to protect the rights involved and initially sided with the authority. [Extracted from the article]

Details

Language :
English
ISSN :
13510487
Volume :
30
Issue :
2
Database :
Complementary Index
Journal :
Constellations: An International Journal of Critical & Democratic Theory
Publication Type :
Academic Journal
Accession number :
164352456
Full Text :
https://doi.org/10.1111/1467-8675.12600