The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-08-20
TKrr RIGHT OF PRIVACY.


TRY RIGHT OF PRIVACY.
Sensationalism in newspaper publishing,
and in the various prevailing forms
of advertising, often assumes the
shape of the misuse of the names
and personality of individuals who
desire to secure freedom from pubic
notice. Once a man or woman acquires
through any cause especial public promi-
nence certain tangible pecuniary' value
attaches to his or her personality. 1t is
that something which the sensational ad-
vertiser or newspaper publisher seeks to
get for nothing. And he usually sue
ceeds. There is a brand of cigar for in
stance, on the market in this city today,
In advertising which the faces and per-
sonalities of three of the most distir-
guished citizens that the state or even
the country possesses are being used with
absolute impunity Doubtless the pro-
prietors Of the article assume that they
have an absolute right to thus abuse the
feelings of others, if they ever think Of
the matter at all.
Such abuse Of personal rights has been
under consideration recently in New
York, and the supreme court very clearly
indicated its opinion about transactions
Of that general character. 1t declared jul
dicialIy that "the right of privacy was
a personal right which could not be in
vaded without the consent of the person
affected. The particular case under con-
sideration was that of a young woman
whose portrait was used as an advertise
ment without her consent. She was con-
cededly very beautiful and 1t was the ex-
IRENE beauty of her face which attract
ed the attention of the advertisers. She
brought suit to restrain the persons thus
making money through the misuse Of her
personality, and the supreme court up
held her claim.
In reviewing the case the court says
that the plaintiff did not come within
the category Of what might be denomi-
mated a public character and that there
is no intrinsic fmprobabiIity in the claim
that she suffered mental distress because
she was forced into this category. To
desire life Of privacy, the court con-
tinues, is entirely legitimate and to print
and post In public places as an advertise
ment the likeness of person who wishes
to avoid notoriety may unquestionabiy
injure the reputation as we'll as the feel
ings. Furthermore, if photographic
likeness, owing to its beauty, is of great
value as a trademark or an advertising
medium, this value belongs to the per-
sons whose features are represented, and
not to any person who chooses to make
| use of the likeness.
On the score of the right of privacy en-
joyed by so-caIled public characters
the law is understood to be somewhat
| unsettled. 1t may be still possible for a
public print of any kind to make any use
whatever of the personality of a public
man, short Of actual libel; but it is now
very clear that private person cannot
be used for sensational or money making
purposes without having a remedy for
preventing the continuance Of the per-
sonal wrong involved.
There is a class of daily papers which
while processing special regard for the
proprieties of public and private life alike
are much given to the practice Of pub
fishing the private affairs of individuals
of more or less prominence in social or
business life. The slightest lapse in any
direction Is taken up by them, and they
show their great newspaper enterprise by
infiicting pain, and often enduring
wrong, on worthy persons through the
abuse of their right of privacy. If the
law as defined by the supreme court of
New York can be made to extend to such
it will prove to be matter of great pub
lie and private benefit What the pri-
vate lives of individuals may be is the
concern of themselves, and not Of the
public, and any publication of such af-
fairs, so long as there is no public record
to sustain it, should be punishable both
by damages for the wrong done and by
process as well.
1t Is true that many persons are per-
fectly willing to secure all the notoriety
they can win for themselves through the
public press and otherwise, so long as
that notoriety does not show in some way
to their personal disadvantage. But
there is a much larger and worthier class
which does not seek notOriety no matter
what its influence or effect may be on
their personal affairs. Such as they are
entitled to be protected against sensa ton
mongers, as well as against the greed
and vulgarity of those who may seek to
make gain at the expense of their privy
right to live their lives away from the
general notice.
If the personal rights of individuals
with reference to undue and unauthorized
publicity were better defined it would be
a good thing for all decent public jour
nails, as well as for those whose personal
rights are liable to outrage at any mo-
ment at the hands of the unthinking, the
sensational or the unprincipIed.
THE PROFESSION OF PUGILESM.