Within the Constitution of the United States of America, the word “privacy” appears exactly zero times. Not once does the legal document that outlines the social order of the United Sates, define, or explicitly state a “right to privacy” for its citizens. Even with this fact prevailing over society, American citizens still esteem privacy in the highest regard. According to a survey conducted by the PEW Research Center, a nonpartisan fact tank that informs the public about the issues, attitudes and trends shaping America, “93 percent of adults say that being in control of who can get information about them is important… 88 percent [of Americans] say it is important that they not have someone watch or listen to them without their …show more content…
I hypothesize that modern day Americans greatly value privacy because throughout American history and culture, citizens have been encouraged to own personal possessions such as property, people, and tangible materials while also maintaining a sense of power in relation to others within society. For example in the late 1800s, American corporations as well as economically invested individuals bought and took ownership of tribal land in Hawaii . Land was taken by Americans and claimed as “private property” in a culture in which the concepts of privacy and property possession were foreign. After some time, Americans possessed ownership of a majority of Hawaiian land and this allowed them the power to manipulate the land in whatever manner they deemed suitable. Privacy, the state or condition of being free from being observed or disturbed by other people, quickly became a concept relevant to land ownership in Hawaii . A historical account such as this, is only one instance of the American values of ownership and power intersecting to facilitate a desire for privacy. It is clear that Americans for centuries have valued their privacy as evidenced by the relationship between Hawaii and America, but nonetheless it is unclear as to what extent Americans can exercise their privacy. To further understand why the right for privacy needs to be explicitly addressed in American law, recent
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).
Is privacy implied in any of our Constitutional amendments? Where? First, Third, Fourth, Fifth, and Fourteenth Amendment
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
America is a home for people to be free from religious persecution; or at least that is what the nation was found on. As time goes on, it seem as if the foundation of religious freedom that the United States of America was found has been forgotten. The United States government at its earliest establishment had set forth a set of freedoms for all people to feel safe from any persecution. In order to make these a set of established rights, the founding fathers created the U.S. Constitution that holds within itself the Bill of Rights. The Bill of Rights was a call for greater constitutional protection for each citizens, or immigrants, individual civil liberties. During the twentieth century, The United States Supreme Court had a very
In the developing stages of America, many Americans had a very hard time adapting and accepting people of different backgrounds. America has battled the war on our civil liberties all the way from the 1800s until now. The law that was passed to protect the people of the United States from certain things has caused more damage then it was intended to do. America has many loopholes that have given the government many opportunities to violate the civil liberties of people when they feel the country is in any type of danger. In the 1800 and 1900s America was infested with many different types of disease, such as Cholera, Typhoid and Whooping Cough. With the amount of immigrants coming into the U.S, people often blamed them on bringing diseases with them. Many civil liberties were put at risk here because the Americans wanted to protect their nation at any cost. They held people against their will such as Typhoid Mary and the Chinese, treated women and children differently from their male counterparts, and immigrant workers were not treated correctly.
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.
Contraceptives are widely used throughout the United States in today’s age and age, but in the early 1950s, Connecticut and Massachusetts were the only states in the union that still had anticontraception policies such as the 1879 Connecticut statute prohibiting the distribution of contraceptives (Johnson 6). Estelle Griswold accepted a job as executive director of the Planned Parenthood League of Connecticut, and began a fight to give access for women to use contraceptives legally. It was very predictable the verdicts for the lower court cases during Griswold v. Connecticut (1965) as many judges took the side of the 1879 precedent. However, by the time it reached the Supreme Court, the main issue focused was the right to privacy which
While all the Court Justices in Griswold v. Connecticut agreed that the legislation prohibiting the use of contraception was purely irrational, Justices Douglas and Black differed with the Court’s judgment about the case decision. Justice Douglas expressed the majority’s opinion in which he stated that the Connecticut law that banned the use or supply of contraception was unconstitutional because it failed to obey the “right to privacy” derived from certain privacy rights listed on the Bill of Rights. On the other hand, Justice Black disagreed with Justice Douglas by stating that the rights enumerated by Douglas were a mere implication of privacy and that the “right to privacy” didn’t reflect anything stated directly on the Constitution.
During the past decade, an issue has arisen from the minds of people, on which is more important? Privacy or national security? The problem with the privacy is that people do not feel they have enough of it and national security is increasing causing the government to be less worried about the people. National security is growing out of control which has led to the decrease in people’s privacy and has created fear in the eyes of U.S. citizens. “Twelve years after the terrorist attacks of Sept. 11, 2001, and amid a summer of revelations about the extent of the surveillance state built up to prevent others, leaders, experts and average Americans alike are searching for the right balance between security and privacy” (Noble). Americans should be able to live their daily lives without fear of an overpowered government or a “big brother” figure taking over. “According to a CBS News poll released Tuesday evening, nearly 6 in 10 Americans said they disapproved of the federal government’s collecting phone records of ordinary Americans in order to reduce terrorism” (Gonchar). While it is good to keep our country safe with security, American’s privacy should be more important because there is a substantial amount of national security, the people 's rights should matter first.
It is well known that the United States have been seen internationally as a key actor, for better or worse, when it comes to the field of universal human rights. At the same time, recent events have shown a disassociation between the words and actions of the nation. Despite the fact that these rights are supposed to be constitutionally-protected, the United States has been criticized for repeatedly violating them not only in the past but in recent memory: criminalization of poverty and homelessness, violation of the privacy of citizens all over the world, racism, police brutality, the prison-for-profit system, mistreatment or even torture of the prisoners. These are just some examples of the most common forms of human rights violations
In the United States, citizens have rights, and the United States Constitution guarantees these rights. The Bill of Rights states the basic liberties of the people of this nation in the first ten amendments in the U.S. Constitution. However, these liberties can be met with denied liberty, while sacrificing freedom, as people live in fear threatened by racism, religious beliefs, police brutality, invasion of privacy, and the horrific terrorism acts on United States soil.
Here in America, people have the right to protest and speak their views granted by the first Amendment in their Constitution. Reading or watching the news lately, there are a lot of protests happening. People are gathering and protesting so many different things all over the world right now and America is no different. However, what the media shows in America are arrests of protestors by security and police, both of which attack them at times, using pepper spray and other brutal methods. How is this behavior allowed? Pauline Maier sums up what the issue at hand is, “The affection with which Americans regard the three “founding documents” of the United States has not been constant over time.” (Maier pg3). American protestors are at times fighting for equal rights as equal citizens. While many others are asking for justice due to corruption in Wall Street, Banks, and American Government; however, the people who don’t hold affection for the first Amendment have been shown in the media as an increasingly violent force against those who support it. Should people be allowed to protest regardless of their cause, and without any execution of force unless provoked? I believe they should have this right and be guaranteed safety in acting on it. With these ideas in mind, America’s first Amendment is being contradicted by US government authority and private authority figures because these same people have enacted numerous assaults on people using their first amendment rights.
For the sake of life, liberty and pursuit of happiness, American citizens crumple up their own desires and follow laws such as the speed limit and paying taxes. These laws are given by the government, created by citizens to protect all residences. After all, one would give up a few priorities for the name of common good too, right? But there is a borderline between what an individual should and shouldn’t give up. For example, privacy rights. In most cases, people would claim that they have nothing to hide, but the definition of privacy is not covering the atrocious. Privacy is a fundamental value of human right; it is our defense and space permitted to us of being ourselves. The right to privacy is to forestall the invasion of privacy by other people and the government to have absolute regulation over people’s lives.
Right to privacy became an issue in the US as far back as 1890 in words not unfamiliar to 21st century ears: