Image-consciousness and the Law

In my book Laws of Image: Privacy and Publicity in America, I chronicle the rise of what I describe as "laws of image" in the twentieth century, and the phenomenon of "personal image litigation." These legal developments tracked an image-consciousness in American culture -- our fascination with our looks, public personas, and the impressions that we make.

An especially intense brand of image-consciousness took root in the 1920s, an age when consumer culture and mass entertainment assumed a central position in American life, and when advertising, fashion, celebrity, and the media became important arbiters of values and conduct.
1925 beauty ad (credit) 

New visual media, such as photography, photojournalism, and motion pictures, accentuated the importance of appearances and created the sense of being subjected to the critical gaze of others. Images had become part of the public landscape, appearing on billboards, product packaging, and movie screens. Film stars, who exercised meticulous control of their images, became role models and icons, modal selves in a culture where the key to success was seen as the ability to create a pleasing image to amuse and impress others.

The emerging advertising industry, in conjunction with the new field of popular psychology, promised people that they could use conspicuous consumption to achieve a stunning image and distinguish themselves from the crowd. Advertisements played upon popular insecurities with identity and appearance, and they reinforced the perception that images were essential to social advancement. As an ad for Woodbury's Soap warned: "Strangers' eyes, keen and critical -- can you meet them proudly -- confidently -- without fear?" In the social world depicted in 1920s ads, the potential for humiliation, shame, and social failure lurked everywhere.
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