The Yale Law Journal Forum
Scott Skinner-Thompson, Agonistic Privacy & Equitable Democracy, 131 Yale L.J. F. 454 (2021), https://www.yalelawjournal.org/forum/agonistic-privacy-equitable-democracy, available at https://scholar.law.colorado.edu/articles/1391/.
This Essay argues that legal privacy protections—which enable individuals to control their visibility within public space—play a vital role in disrupting the subordinating, antidemocratic impacts of surveillance and should be at the forefront of efforts to reform the operation of both digital and physical public space. Robust privacy protections are a touchstone for empowering members of different marginalized groups with the ability to safely participate in both the physical and digital public squares, while also preserving space for vibrant subaltern counterpublics. By increasing heterogeneity within the public sphere, privacy can also help decrease polarization by breaking down echo chambers and enabling the healthy contestation of ideas.
Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required.