New-York tribune., 1900-08-02
PROTECTION FOR PRIVACY

Justice John NJ. Davy, in the Supreme Court
at Rochester, has just rendered decision sus-
tanning the right of private persons to protec-
ton against unauthorized publication Of their
portraits. A Rochester manufacturing concern
secured the photograph of a handsome young
woman of that city and reproduced it in an ad-
vertisement widely circulated. The young
woman a person of modest and retiring
disposition She had never sought social or
other publicity, held no official station and
never authorized the publication of her picture
anywhere. The advertisement caused her great
embarrassment and annoyance. and she
brought suit against the advertiser for $4,000
damages. The defendant demurred to the COM
plaint, and Justice Davy overruled the de-
murrer holding that there was a sharp distinc
tion between using the pictures of persons who
put themselves in public station and are in
a sense public property and private citizens 10
whom publicity brings unpleasant notociety.
He says that the young woman has cause of
action and may prosecute her suit for damages.
This is only a preliminary decision on what
the Justice when the case first came before
him declared to be Il novel point. 1t is to be
hoped that the doctrine announced will become
the established law by the carrying Of the suit
to a successful issue.
There can be no question in morals of the
right of a private person to privacy and the
substantial wrong Of its invasion. Unscrupu-
lous advertisers and publishers who have been
ready to treat every modest girl whose picture
could serve their purposes as they would
politician need a lesson in the decencies Of life,
and it is a healthful sign that the courts are
inclined to administer It, The license which
has been allowed hitherto not merely wronged
the individual who was uIwillingly and I'M
bIu dra0 b1t
threatened to bring about drastic legislation Of
a really oppressive and tyrannical character.
The much talked of Anti-Cartoon bill pushed
in this State by Senator Ellsworth found its
only excuse in these outrageous nvasions of
privacy, which. if Justice Davy is right, the
law already has power to punish. The real
object of the Ellsworth bill was TO gag the press
in the matter Of pictorial argument, which in
cartoons often exposes the schemes Of polti-
clans moro effectively than could be done in
many words The men who found their evil
deeds thus indelbly stamped on the popular
memory wanted to suppress the political carica-
ture and sought to use the feeling against the
abuse of privacy-sOmething entirely different
as the instrument of their relief and revenge.
Pictorial representation and criticism Of pub
lie man are as legitimate verbal description
and criticism. and that right of comment has
been established too firmly to be overthrown.
Not even the most cynical politician would dare
to invade the cartOOnists right directly, and he
has found only in practices which honorable pub
fishers do not countenance the opportunity for
his attack on the general liberty OF the Illus
trated press. No self-respecting paper will in
tentonally and without authority annoy with
publicity persons who have done nothing to
warrant their treatment as public characters.
Others should be compelled to exercise the same
restraint.