NCJ Number
129354
Journal
Forensic Reports Volume: 2 Issue: 3 Dated: (1989) Pages: 195-209
Date Published
1990
Length
15 pages
Annotation
Three current cases involving privacy invasion of American Indian plaintiffs demonstrate the misapplication of the doctrine of privacy to deny the American Indians equal protection of the law.
Abstract
The law is reviewed as it relates to the Indian privacy cases. In the cases, photographic portraits were published of the American Indians without their consent. The plaintiffs claimed that they were uniquely damaged by these publications because their traditional beliefs warn about the harmful purposes ones portrait can be used for if released without consent. They also held that the party involved knew about the Indian beliefs prior to taking the portrait. Based on this element of damages, the courts decided that the American Indians as a matter of law are not reasonably sensible people. The Indians were not only denied equal protection of privacy rights but also of the traditional American Indian life. A discussion of the legal and psychological issues relating to this denial of rights of privacy is presented. The true legal role of this opinion is presented, and conclusions are drawn. 30 references (Author abstract modified)