Introduction; 1. No privacy in public = no privacy for the precarious; 2. Performative privacy in theory and practice; 3. Performative privacy's payoffs; 4. Containing corporate and privatized surveillance; 5. Outing privacy as anti-subordination; 6. Equal protection privacy; Conclusion.
Privacy can function as an expressive, anti-subordination tool of resistance that is worthy of constitutional protection.
Scott Skinner-Thompson is an Associate Professor at Colorado Law School, where he researches constitutional law, civil rights, and privacy law, with a particular focus on LGBTQ and HIV issues. He is the editor of AIDS and the Law (5th ed., 2016; 6th ed. 2020), one of the leading resources in the field. His work has also appeared in Slate, Salon, and The New Republic. In 2014, he was selected as one of the Best LGBT Lawyers Under 40 by the National LGBT Bar Association.
'Privacy at the Margins is a tour de force. It reinvigorates our
understandings of why privacy ought to be protected by identifying
the First Amendment values that privacy rights implicate. It
convincingly argues that privacy ought to be protected not simply
because invasions of privacy injure dignity, but also because they
frequently function to subordinate marginalized individuals and
communities. Scott Skinner-Thompson has written a book that will be
looked to for generations to come - a major feat in the field of
privacy.' Khiara M. Bridges, Professor of Law, University of
California, Berkeley School of Law and author of The Poverty of
Privacy Rights
'This is an enormously important book about a crucial aspect of
privacy law that has been overlooked: the way in which it affects
historically discriminated against individuals. Professor
Skinner-Thompson focuses on privacy for our public actions and for
information about us and examines how this affects marginalized
communities. His treatment of this topic is stunning in its
originality, its clarity, and its insightful proposals for change.'
Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor
of Law, University of California, Berkeley School of Law
'Privacy at the Margins makes a significant contribution in
helping us understand the importance of privacy for equality for
the most vulnerable among us. It pushes legal conceptions of
privacy in new ways, reframing privacy as expressive resistance to
the powerful and as indispensable to equality of opportunity. It is
thought-provoking, creative, and an important must read.' Danielle
Keats Citron, Professor of Law, Boston University School of Law and
Vice President, Cyber Civil Rights Initiative
'In a world in which privacy has been privatized, the marginalized
and precarious in society need it more than ever. Why then has
privacy received such limited protection by courts and lawmakers?
In his signature style, Scott Skinner-Thompson brilliantly wrestles
with this critical question and proposes insightful ways to redress
the problem, both as a legal and discursive matter. Privacy at the
Margins offers a roadmap to transform privacy from an
individualistic right into an anti-oppression legal tool. This is a
crucial text for our new digital age and for anyone interested in
surveillance, anti-subordination, justice, and privacy today.'
Bernard E. Harcourt, author of Exposed: Desire and Disobedience in
the Digital Age and Critique and Praxis, and Isidore and Seville
Sulzbacher Professor of Law and Professor of Political Science,
Columbia University
'It is precisely here where Scott Skinner-Thompson's Privacy at the
Margins is most relevant. Skinner-Thompson offers a rich and
powerful account of how we should understand privacy within US
doctrinal law. Skinner-Thompson shows how privacy can be beneficial
to marginalized groups in society – if properly theorized and
understood. He then proposes new ways of thinking about privacy,
so, that the right to privacy would provide a suitable line of
reasoning in court.' Jenneke Evers, Prometheus
'The text is approachable and reaches across departments from
ethnic studies to sociology to legal studies. Issues of ethnicity,
religion, LGTBQIA+, and other marginalized communities are
discussed and treated with respect throughout the book.
Skinner-Thompson argues for more privacy for all, especially
marginalized communities, in a respectful and caring manner …
Recommended.' J. M. Keller-Aschenbach, CHOICE
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