27. Ibid., p. 193. The phrase“the right to be let alone” has become tightly associated with the Warren and Brandeis article(and see below, at note 33), but it is not original with them. They attribute it to Thomas M. Cooley , Cooley on Torts (Chicago : Callaghan and Co., 1880), p. 29; see Warren and Brandeis , p. 195, note 4).
28. Ibid., p. 198.
29. Ibid., p. 205.
30. The article cites a string of cases on this point in English law, including Prince Albert v. Strange,(1849) 64 Eng. Rep. 293, 295(Ch.), in which Queen Victoria and her husband Prince Albert successfully sued to prevent the publication of etchings made of their family. While Warren and Brandeis (at p. 207) read the case as an instance of“the more general right to the immunity of the person—the right to one’s personality,” others argue that the English court’s ruling was more properly an application of the law concerning breach of confidence. See Neil Richards and Daniel Solove ,“Privacy’s Other Path: Recovering the Law of Confidentiality,” Georgetown Law Journal 96(2007), pp. 123-182.
31. Warren and Brandeis (note 16, above), p. 213. 32. Fora survey of this process, with citations of cases and statutes, see William L. Prosser ,“Privacy, ” California Law Review 48(1960), pp. 383-423, especially at pp.
384-389,
33 Olmstead v. U.S., 277 U.S. 438(1928), 478. Note the resemblance of this language to that in the Warren-Brandeis law review article.