Over at Concurring Opinions, the always-interesting Dan Solove has a neat post up about a privacy case arising out of a California high school, which the New York Times covered last week. The case involves a homosexual teenager who was "out" to many fellow students, but not to her parents. A school administrator learned of the teen's orientation, and informed her parents, causing a great deal of family turmoil. One of the legal questions raised is whether the teenager had a "reasonable expectation of privacy" in her sexual orientation. The court said "yes," and Dan Solove likes that result, invoking a paper I recently published in our law review to support the court's decision.
I'm always happy to see my arguments cited by others, but I'd part ways with Dan (and the court) on this interesting case. While U.S. courts often protect privacy too little, I think the California court here may be on the path toward overprotecting privacy.