In 1915, Gabrielle Darley killed a New Orleans man who had tricked her into a life of prostitution. She was tried, acquitted of murder and within a few years was living a new life under her married name, Melvin. Then a blockbuster movie, “The Red Kimono,” splashed her sensational story across America’s silver screens.
The 1925 film used Darley’s real name and details of her life taken from transcripts of the murder trial. She sued for invasion of privacy and won.
In deciding in favor of Darley, a California court said that people have a right to rehabilitation. “We should permit [people] to continue in the path of rectitude rather than throw [them] back into a life of shame or crime,” the court said. It is a sentiment that is harder to put into practice today, when information is much more readily available. Nonetheless, policymakers and media outlets are looking at the issue.
As a scholar of media history and law, I see Darley’s story as more than an interesting slice of legal and cinematic history. Her case provides an early example of how private people struggle to escape their pasts and how the idea of privacy is linked to rehabilitation.