Legal Journals On American Law

"The Right of Privacy: Is It Protected by the Constitution?" Exploring Constitutional Conflicts. Web. 3 Dec. 2014. <http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html>.

• Development of the 20th century and often traced back to an 1890 article in the Harvard Law Review written by Samuel Warren and Louis Brandeis who argued that advances in technology and the voyeurism of urban newspapers necessitated new legal protections for privacy.

Privacy is one of the most controversial, yet most essential topics in the discussion of civil liberties. Some treat it as a necessity along with life, liberty, and property, whereas other people see it as something that shouldn’t get in the way of things like security (Sadowski).

All Americans expect some form of privacy in places such as their home or vehicle, as many assume that it is a basic civil liberty. However, the Constitution does not make any explicit mention to the right of privacy. As cases arises concerning a person’s right to privacy, the Supreme Court has a major decision to determine if Americans are guaranteed the right to privacy. The Supreme Court has made six landmark case decisions concerning the right of privacy. Throughout my essay, I will analyze and explain if the constitution guarantees the right of privacy, describe six landmark cases addressing this issue, and support my argument that that the right of privacy will be expanded in the future.

Investigating the “right” to privacy in the Constitution – Using reliable Internet sources, look up the following and respond to the questions.

As human beings and citizens of the world, everyone values their privacy. It is a right that is often looked over and taken for granted by most. Since the beginning of time, there have been concerns about individuals’ rights to privacy and their personal information remaining confidential. Our founding fathers had concerns about this which is why, “…this right has developed into

When the first 10 amendments of the constitution were written, one of the main concerns was government intrusion. In the 1800s, citizens were concern about the confidentiality of their correspondence. Likewise in 1890, the concern was photography and yellow journalism. With lack of privacy laws, citizens brought several cases to the U.S courts because they felt there were violations of privacy. As a consequent, several torts were written and recognize by most states. This torts included the intrusion upon seclusion, public disclosure of private facts, false light or publicity, and appropriation. Though, historical events have help to expand the definition of privacy, there has not been a critical event that forced America to have a comprehensive federal policy about protecting the right to privacy. Nevertheless, every time that there is a major concern that threatens the right to privacy, the government and the states have passed laws to eliminate those

A U.S. citizen's "right to privacy" was first discussed in an 1890 Harvard Law Review article in which two Boston lawyers, Louis Brandeis and Samuel Warren, defined it as "the right to be let alone." Since then, the right to privacy has provided the basis for a stream of revolutionary and controversial constitutional interpretations by courts across the United States, culminating in the U.S. Supreme Court's Roe v. Wade decision in 1973. Although decisions have come down in favor of a right to privacy, they are largely based on a broad and disputed interpretation of the Fourteenth Amendment. With the plethora of privacy issues that confront courts and policymakers in the current information

"There is no explicit mention of privacy in the United States Constitution. But the courts have found a constitutional basis for privacy rights in the broad sense of freedom from interference in certain intimate realms of personal life. This is based on the protection of individual liberty from government interference in the Fourth, Fifth and Fourteenth amendments to the Constitution. 3 The First Amendment protection of the freedoms of speech, assembly, religious practice, and so on, could also be seen as privacy protection in this sense. On the other hand, the right to free speech could be used to defend someone who invaded the privacy of others by publishing or disclosing their personal information.

Privacy is what allows people to feel secure in their surroundings. With privacy, one is allowed to withhold or distribute the information they want by choice, but the ability to have that choice is being violated in today’s society. Benjamin Franklin once said, “He who sacrifices freedom or liberty will eventually have neither.” And that’s the unfortunate truth that is and has occurred in recent years. Privacy, especially in such a fast paced moving world, is extremely vital yet is extremely violated, as recently discovered the NSA has been spying on U.S. citizens for quite a while now; based on the Fourth Amendment, the risk of leaked and distorted individual information, as well as vulnerability to lack of anonymity.

Privacy either encourages or is a necessary factor of human securities and fundamental value such as human embarrassment, independence, distinctiveness, freedom, and public affection. Being completely subject to mutual scrutiny will begin to lose self-respect, independence, distinctiveness, and freedom as a result of the sometimes strong burden to conform to public outlooks.

The Court’s Web site, provides access to opinions, orders, docket, Court calendars, transcripts, schedules, rules, visitors’ guides, case-handling guides, press releases and other general information. Opinions are typically accessible on the Web site within five minutes of their release from the Bench.

The right to privacy was not established as a constitutional doctrine until after the result of the Supreme Court ruling in the 1965 case of Griswold vs. Connecticut. The court decision was based on the interpretation of several amendments within the Bill of Rights. Although the Bill of Rights does not explicitly state anything about the right to privacy, a combination of its sections was used as the framework for establishing the right (“Griswold v. Connecticut (1965),” 2007).

The United States has long had a practice of respecting privacy and considering it an individual right. In 1890, the U.S. Supreme Court Justice Louis Brandeis stated that individuals have a ?right to be left alone?[4]. The courts have used this repeatedly as the basis for upholding personal privacy, though just as often overlooked this right when

What is privacy? Many people are aware of the term but do not understand what it means. Warren and Brandeis defined privacy in 1980 as “the right to be alone”. Buchholz and Rosenthal defined privacy as “the concept of being in control of information that is available about oneself”(2002, Jan). Whereas most recently Boscheck determined the meaning as “one’s ability to isolate oneself from others and their views. To have no privacy means to be exposed, out of control and possibly open to coercion” (2011, Oct). The use of privacy term can be related to many other terms such as confidentiality, isolation, and secrecy.