NOTES
- Samuel D. Warren and Louis D. Brandeis, “The Right to Privacy,” Harvard Law Review 4 (December 15, 1890): 196.
- “Privacy,” International Encyclopedia of the Social Sciences, Vol 12, ed. David L. Sills (New York: The Macmillan Company, 1968), pp. 480–82.
- Warren and Brandeis, p. 195.
- Ibid., p. 215.
- Ibid., p. 196.
- Will Irwin, The American Newspaper (A Series First Appearing in Collier's, January - July, 1911) (Ames: The Iowa State University Press, 1969), p. 46. Also, a July 1890 article by E.L. Godkin in Scribner's Magazine (“The Rights of the Citizen: IV. — To His Own Reputation”) asserted that the “chief enemy of privacy is that interest in other people and their affairs known as curiosity, which in the days before newspapers created personal gossip.” (p. 66) Irwin was on the staff of several newspapers including the San Francisco Chronicle (1901–04) and New York Sun and wrote for McClure's Magazine (1906–07) and Collier's Weekly. He served as a war correspondent for the Saturday Evening Post from 1916 to 1918.
- Other scholars hve examined possible motivation for the Warren and Brandeis article. In his article, “Warren and Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193 (1890): Demystifying a Landmark Citation,” Suffolk University Law Review 4 (Summer 1979): 875-922, James H. Barron builds on Don R. Pember's Privacy and Press (Seattle: University of Washington Press, 1972) research, which asserts that the press of the 1890s had some scruples; Barron contends that Warren and Brandeis may not have been motivated by altruism. He also suggests that Mugwumps — political independents dismayed by the status revolution in the country at the time — link Godkin to the Warren and Brandeis article. Additionally, be asserts that Alan F. Westin's theory of the Warren and Brandeis article in Privacy and Freedom (New York: Atheneum, 1967) is incomplete. That theory asserts that the article is a protest by spokespersons for patrician values against the rise of political and cultural values of mass society.
- David H. Flaherty, Privacy in Colonial New England (Charlottesville: University Press of Virginia, 1972), pp. 9–21. Godkin also noted in his 1890 Scribner's Magazine article the historical tendency of people to provide for more privacy as their material wealth increased.
- Ibid., pp. 86–87, 248.
- Ibid., pp. 104–12.
- Ibid., pp. 245–46.
- Dan Schiller, Objectivity and the News: The Public and the Rise of Commercial Journalism (Philadelphia: University of Pennsylvania Press, 1981), pp. 12–13.
- Ibid., pp. 18–24.
- Ibid., p. 12.
- Michael Schudson, Discovering the News: A Social History of American Newspapers (New York: Basic Books, inc., 1978), pp. 16–21.
- Ibid., pp. 29–30.
- Schiller, p. 71.
- Gaye Tuchman, Making News: A Study in the Construction of Reality (New York: The Free Press, 1978), p. 159.
- Frank Luther Mott, American Journalism: A History: 1690–1969, 3rd ed. (New York: The Macmillan Company, 1962), p. 403.
- U.S. Census Bureau, Statistical History of the United States From Colonial Times to the Present (Stamford, Conn.: Fairfield Publishers; distributed by Horizon Press, New York, 1965), pp. 11–12.
- Mott, pp. 506–07.
- Ibid., p. 507.
- Dorothy J. Glancy, “The Invention of the Right to Privacy,” Arizona Law Review 21 (1979): 8.
- E.L. Godkin, “The Rights of the Citizen: IV — To His Own Reputation,” Scribner's Magazine, July 1890, p. 58. Godkin, who contributed to the New York Times in the late 1850s and early 1860s, was editor of The Nation and the New York Evening Post, for 38 years.
- Warren and Brandeis, p. 195.
- Ibid., p. 196. In “The Point of View,” in February 1891, Scribner's Magazine said it was “pleasant” to see the Warren and Brandeis article and noted: “Now from newspaper gossip we may yet be saved” (p. 261).
- Warren and Brandeis, p. 214.
- Ibid., p. 215.
- Mott, p. 442.
- “The Contributors' Club,” Atlantic Monthly, March 1891, p. 429.
- “The Other Side of Yellow Journalism” Independent, March 29, 1900, p. 785.
- “Responsibility for Yellow Journalism,” The Nation, September 26, 1901, p. 239.
- Lincoln Steffens, “The New School of Journalism,” Bookman, October 1903, p. 175.
- “Sensational Journalism and the Law,” Atlantic Monthly, February 1903, p. 145.
- Ibid.
- Charles A. Dana, “Power of the Press,” address to Wisconsin Journalists, Milwaukee, July 24, 1888. Dana owned and edited the New York Sun from 1868 to 1897.
- Charles A. Dana, The Art of Newspaper Making: Three Lectures (New York: D. Appleton and Company, 1900), p. 34. This lecture was delivered October 13, 1893.
- Robert Luce, Writing for the Press: A Manual for Editors, Reporters, Correspondents, and Printers, 4th ed. (Boston: The Writer Publishing Company, 1891), p. 85. Luce, a Harvard graduate, was a journalist before he started Luce's Press Clipping Service in 1888 in Boston and New York. Later a U.S. representative from Massachusetts, Luce first published Writing for the Press in 1886; it was reprinted in 1888, 1889, and 1891. See Biographical Directory of American Congress 1774–1971 (Washington, D C.: U.S. Government Printing Office, 1971), p. 1314.
- Ibid., p. 84.
- John Palmer Gavit, The Reporter's Manual ([Albany]: John Palmer Gavit, 1903), p. 30. In an author's note at the beginning of the manual, Gavit indicates that he was city editor of the Albany Evening Journal at the time he published the stylebook. He was later managing editor of the New York Evening Post (1913–18). See American Authors and Books: 1640 to the Present Day (New York: Crown Publishers, Inc., 1943), p. 274. The introduction to Gavit's manual was written by George Edward Graham, a journalist who was head of staff of Albany Associated Press correspondents. Graham said that “Mr. Gavit's book is for actual everyday pocket use, and should be a companion of every reporter.”
- Ibid., p. 43.
- Ibid., pp. 41–70. Specific pages are cited within the quotation.
- George Turnbull, “Some Notes on the History fo the Interview,” Journalism Quarterly 13 (September 1936): 272–79.
- Frederic Hudson, Journalism in the United States, From 1690 to 1872 (New York: Harper & Brothers, Publishers, 1873), p. 564.
- Charles Edward Russell, These Shifting Scenes (New York: George H. Doran Company, 1914), p. 292. Russell was city editor of the New York World (1894–97), managing editor of the New York American (1897–99) and publisher of the Chicago American (1900–02).
- Ibid., p. 292.
- Ibid., p. 293.
- Ibid. pp. 297–98.
- Upton Sinclair, The Brass Check (Pasadena, Calif.: Upton Sinclair, 1920), p. 404.
- Gavit, p. 50.
- Edwin L. Shuman, Practical Journalism: A Complete Manual of the Best Newspaper Methods (New York: D. Appleton and Company, 1903), p. 49. Shuman was literary editor of the Chicago Tribune (1895–1901) and the Chicago Record-Herald (1901–13), managing editor of Current History Magazine (1916–22) and on the editorial staff of Literary Digest (1926–33). See American Authors and Books: 1640 to the Present Day, p. 674.
- Gavit, p. 50.
- E.L. Godkin, Letter to Charles Eliot Norton (Fall 1866), in The Gilded Age Letters of E.L. Godkin, ed. William M. Armstrong (Albany: State University of New York Press, 1974), p. 93.
- E.L. Godkin, Letter to William James (October 10, 1888), in The Guilded Age Letters of E.L. Godkin, p. 371.
- E.L. Godkin, “The Rights of the Citizen, IV: To His Own Reputation,” pp. 65–66.
- Whitelaw Reid, American and English Studies, vol. 2 (New York: Charles Scribner's Sons, 1913), p. 215. From a lecture titled “Journalism as a Career,” delivered in New York on April 4, 1872. Reid was on the staffs of the Cincinnati Gazette (1861–65) and the New York Tribune (1868), serving as its managing editor in 1869 and its editor from 1872 to 1905.
- Ibid., p. 215–17.
- St. Clair McKelway, Papers, New York Public Library, Manuscripts Division, N.D. (1890s). This is from page 8 of notes for an address to be titled “Journalism and Publicity.” McKelway, a graduate of Syracuse University, honorary member of the Long Island Historical Society and regent of the University of the State of New York, was a journalist who became editor of the Brooklyn Eagle. See Appleton's Cyclopedia of American Biography, vol. 7 (New York: D. Appleton and Company, 1900), p. 175. The information on McKelway's papers was provided by Gerald J. Baldasty, associate professor, School of Communications, University of Washington.
- Ibid., p. 28. Also, Mott p. 444, notes the connection between sensationalism, prying reporters and invasion of privacy. He cites material critical of interviewing that was published in The Nation on July 17, 1872.
- Ibid., p. 632.
- Ibid.
- Frank A. Munsey, “Getting on in Journalism,” address to the annual meeting of the Press Association of Canada, Ottawa, March 10, 1898, p. 11. Munsey was an American publisher and novelist who published the Baltimore News, Washington Times, New York Sun, New York Herald, New York Telegram and Munsey's Weekly (later Munsey's Magazine), among others.
- Ibid., pp. 10–11.
- Reid, p. 218.
- Samuel G. Blythe, The Making of a Newspaper Man (Philadelphia: Henry Altemus Company, 1912), p. 248. Blythe was a journalist and author who became a staff writer for the Saturday Evening Post in 1907. See American Authors and Books: 1640 to the Present Day, p. 72. Ted Curtis Smythe cites Blythe in his 1980 Journalism History article (see note 67 below) on working conditions of the period, stating that Blythe paints a “rather romantic yet fairly accurate” picture of newspaper conditions of the time.
- Ted Curtis Smythe, “The Reporter, 1880–1900: Working Conditions and Their Influence on News,” Journalism History 7 (Spring 1980): 7.
- Ibid., pp. 7–8.
- Nathanial C. Fowler, Jr., The Handbook of Journalists (New York: Sully and Kleinteich, 1913), pp. 97–99. This material was provided from research in progress by Professor Gerald J. Baldasty. Fowler, an author and business adviser, was on the staffs of the Boston Traveller (1876–78) and Boston Commercial Bulletin (1879). In 1880 he founded, published and edited the Pittsfield Daily Journal in Massachusetts. See Who Was Who In America (Chicago: The A.N. Marquis Company, 1942), p. 419.
- John Fox, Letter, May 11, 1884. This material was provided from research in progress by Professor Gerald J. Baldasty. Fox was a New York journalist during the period. The John Fox Papers are located in the Southern Historical Collection, University of North Carolina.
- Ibid.
- Blythe, p. 196.
- Russell, p. 201–11.