Document Type
Article
Publication
The Yale Law Journal Forum
Year
2021
Citation Information
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/.
Abstract
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.
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