Pursuing Privacy in Cold War America

By Deborah Nelson | Go to book overview

Notes

INTRODUCTION
1
See Foucault, Discipline and Punish (1979) and The History of Sexuality, vol.1, An Introduction (1978).
2
381 U.S. 479 (1965).
3
410 U.S. 113 (1973).
4
478 U.S. 186 (1986).
5
116 U.S. 616 (1886).
6
See W. R. Johnson's The Idea of Lyric (1982).
7
See George Chauncey, The Strange Career of the Closet, forthcoming.
8
See Dimock, Residues of Justice (1996).

1. REINVENTING PRIVACY
1
359 U.S. 360 (1959).
2
Legal histories of the Supreme Court's privacy doctrine have had little to say about the intersections between wiretapping and surveillance cases and cases dealing with rights of sexual or domestic privacy. For example, David Garrow's monumental study, Liberty and Sexuality (1994), treats in impressive depth the cases of sexual autonomy but makes no reference to the wiretapping cases that lie adjacent to them. Very few law review articles treat the cold war context of privacy doctrine or its relationship to totalitarianism. Richard Primus contends in “A Brooding Omnipresence” (1996) that antitotalitarianism underwrote a major shift in constitutional interpretation in the postwar. Primus interprets the “emanations” and “penumbras” of Douglas's Griswold opinion, as well as the extremely rare invocation of the Ninth Amendment by all five concurring justices (it is invoked in only three cases prior to Griswold), as evidence of an anxiety about the positivistic legal

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