Hugh, I'm gratified to see that you've accepted this exchange with
your customary good humor. :)
Susan, thank you for your thoughtful responces to my questions. I would
like to make a small clarification:
> > Checking out an opinion on bomb making does not waive the patron's
> > right to privacy, nor does being a prisoner.
>
> The courts have ruled that by being placed in a prison the individual
> loses their right to privacy because of the need for a secure prison and
> to protect the lives of other inmates and the guards.
Yes, but I suspect that such opinions mean only that prison officials are
not obligated to extend any privacy to their prisoners. They do not mean
that outside parties have an affirmative duty to invade their privacy. (If
an ordinary person were to inadvertently discover an escape conspiracy,
such a person would have a duty to report it. However, this raises no
privacy issue since the discovery is accidental by hypothesis.) It seems to
me that libraries create this right for their patrons and it becomes a
right (as opposed to a privilege) through patrons' reliance on it. A person
imprisoned for insider trading who wants library materials on piano playing
may continue to rely on the policy. My question is: is there some nexus
between the content of the materials and the status of the patron which
waives the right to privacy?
>From what you've said so far, I suspect you would answer "yes" even if you
disagree with my analysis. You seem to be saying that prisoners have no
right to privacy _absolutely_. Yet I doubt that you would trouble yourself
over a book on piano playing. This illustrates that the privacy granted
by libraries _might_ extend beyond what the law requires. How far should
it go?
Thanks for a most enjoiable discussion! :)
Chris
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Christopher Carr MrUnderhil@aol.com
Vermont Law School Class of 95 PO Box 363
802/763-7849 South Royalton VT 05068-0363
U.S.A.
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