A rhetorical analysis of the right to privacy

Abstract

Although no guarantee exists in the Constitution to a right to privacy, it is now generally accepted that individuals have a right to be "let alone.'' In this thesis, I will propose an alternative formulation of the right to privacy, using insights gleaned from rhetorical and communication theory. I will bring "outside'' perspectives to the legal problem of privacy. The right to privacy as established in Griswold holds promise as a coherent interpretive model for evaluating the constitutionality of statutes concerning civil liberties. The systematic consideration of Kenneth Burke's writings on constitutions helps to clarify disputes in methods of constitutional interpretation, and helps to defend the right to privacy against texualists and original intent theorists. Expanding the analysis of privacy to its cultural implications, Michel Foucault's concept of "governmentality'' aids in charting the foundations of the power relationships animating contemporary society. New technologies and the Internet threaten to monopolize on the distribution of power in society. Consequently these technologies threaten the fulfillment of the ideal of a liberal political order. The understanding of the shift in the distribution of power within society facilitates recognition of the importance of subtle manifestation of resistance to the totalizing power of these technologies.