Right of Privacy in the United States
Right of Privacy
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled RIGHT OF PRIVACYLong before anyone spoke of privacy as a constitutional right, American law had developed a “right of privacy,” invasion of which was a tort, justifying the award of money damages. One such invasion would be a newspaper’s embarrassing publication of intimate facts about a person, or
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Right of Privacy
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled RIGHT OF PRIVACY Despite extensive litigation and commentary, the right of privacy has remained uncertain in constitutional law since it was first established in griswold v. connecticut (1965) . The abortion decision in roe v. wade (1973] raised the level of controversy about the right of
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Roe v Wade The Supreme Court’S Decision Right of Privacy
Introduction to Right of Privacy
Blackmun then considered an argument that the state had a responsibility to protect the fetus. He agreed this was so, but stated that this responsibility had to be balanced against the concerns of the pregnant woman. Among those concerns was the woman’s right of privacy.
Blackmun noted that ‘the Constitution does not explicitly mention any right of privacy,’ but he also wrote that since at least 1891 the Supreme Court had ‘recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.’ He then mentioned many cases in which the Court had upheld the right of personal privacy in marriage, family relationships, contraception, childbirth, child rearing, and education. He also noted the constitutional protections guaranteeing that the government not intrude into the privacy of the home without a legal cause and a warrant.
Despite these examples of constitutional guarantees of personal privacy, Blackmun pointed out that privacy is not absolute. He stated that in some specific cases, the government could intrude on personal privacy. For example, the Court had previously upheld requirements that children be vaccinated in order to safeguard public health and maintain medical standards. Thus, Blackmun rejected the idea that the Constitution protects ‘an unlimited right to do with one’s body as one pleases.’ All of these considerations led Blackmun to develop compromise guidelines that allowed states to interfere with the privacy rights of a woman only during the later stages of pregnancy.” (1)
Resources
Notes and References
- Information about Right of Privacy in the Encarta Online Encyclopedia
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