Rationality and the Right to Privacy

Abstract

When tennis fan Jane Bronstein attended the 1995 U.S. Open she probably knew there was a remote chance her image would end up on television screens around the world. But she surely did not know she was at risk of becoming the object of worldwide attention on the David Letterman Show. As it happened, Letterman spotted an unflattering clip from the U.S. Open showing a heavyset Bronstein with peach juice dripping down her chin. Not only did he show the footage six times that fall, but he ridiculed her on his “Top 10 List,” calling her a “seductive temptress,” even paying to put the clip on the Sony Jumbotron electronic billboard at Time Square. Ms. Bronstein sued David Letterman's production company under New York civil rights law for violating her privacy.

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Mark Alfino
Gonzaga University

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