February 27, 2013 -- Professor Eugene Volokh commented on the use of voices of victims involved in the September 11th attacks in the film Zero Dark Thirty. His comments appear in an Entertainment Weekly article.
Legally this doesn’t hold much weight according to First Amendment law expert Eugene Volokh, Professor of Law at UCLA and founder of The Volokh Conspiracy.
“The broader legal question is: When can moviemakers use these kinds of items from the news — items in which ordinary people are saying something in spontaneous moments? The answer is, generally speaking, they can,” Volokh told EW. “To be sure, if somebody illegally eavesdrops on my confidential message to somebody and then broadcasts it, they may be infringing on my rights. But when the person who is speaking is dead, he generally has no more privacy rights. And when the recipient — who might conceivably have some rights in the message even though she’s not the speaker — has herself publicized the message, it’s clear she has no privacy rights, either.”
To read the entire article, click here.
He is also cited in a News Sentinel editorial on free speech.