2. An injunction, in perhaps a very limited class of cases.[52]

It would doubtless be desirable that the privacy of the individual

should receive the added protection of the criminal law, but for this,

legislation would be required.[53] Perhaps it would be deemed proper to

bring the criminal liability for such publication within narrower

limits; but that the community has an interest in preventing such

invasions of privacy, sufficiently strong to justify the introduction of

such a remedy, cannot be doubted. Still, the protection of society must

come mainly through a recognition of the rights of the individual. Each

man is responsible for his own acts and omissions only. If he condones

what he reprobates, with a weapon at hand equal to his defence, he is

responsible for the results. If he resists, public opinion will rally to

his support. Has he then such a weapon? It is believed that the common

law provides him with one, forged in the slow fire of the centuries, and

to-day fitly tempered to his hand. The common law has always recognized

a man's house as his castle, impregnable, often, even to its own

officers engaged in the execution of its commands. Shall the courts thus

close the front entrance to constituted authority, and open wide the

back door to idle or prurient curiosity?

_Samuel D. Warren,

Louis D. Brandeis._

BOSTON, December, 1890.

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