Private Oppression: How Laws That Protect Privacy Can Lead to Oppression

Teri Baxter, University of Tennessee College of Law

Abstract

This article explores the problems that can arise when laws protect the privacy of some individuals at the expense of others. These issues will be viewed through the lens of the controversial case of the children taken into state custody from the Yearning for Zion Ranch in Texas. Specifically, the article examines the allegations that led government authorities to intervene and remove the children from the Ranch and the difficulties that the government faces when such allegations are made against residents of isolated communities who have little interaction with the larger American society. The article will further demonstrate how privacy laws — originating in the United States Constitution, state constitutions, other federal and state statutes, and common law doctrines — work together to make it possible for people to abuse or otherwise oppress others who are under their control or influence. Finally, the article explores ways in which government officials can prevent oppression and abuse without violating privacy rights.