Question

What is the right to privacy and what is the constitutional basis for it? Discuss at least three Supreme Court cases that involve the right to privacy issue.

• Response length requirement: 350 words or more

Answer 1

answer-

The right to privacy refers to the concept that one's personal information is protected from public scrutiny. U.S. Justice Louis Brandeis called it "the right to be left alone." While not explicitly stated in the U.S. Constitution, some amendments provide some protections.

The right to privacy most often is protected by statutory law. For example, the Health Information Portability and Accountability Act (HIPAA) protects a person's health information, and the Federal Trade Commission (FTC) enforces the right to privacy in various privacy policies and privacy statements.

The right to privacy often must be balanced against the state's compelling interests, including the promotion of public safety and improving the quality of life. Seat-belt laws and motorcycle helmet requirements are examples of such laws. And while many Americans are quite aware that the government collects personal information, most say that government surveillance is acceptable.

Constitutional rights

The right to privacy often means the right to personal autonomy, or the right to choose whether or not to engage in certain acts or have certain experiences. Several amendments to the U.S. Constitution have been used in varying degrees of success in determining a right to personal autonomy:

• The First Amendment protects the privacy of beliefs
• The Third Amendment protects the privacy of the home against the use of it for housing soldiers
• The Fourth Amendment protects privacy against unreasonable searches
• The Fifth Amendment protects against self-incrimination, which in turn protects the privacy of personal information
• The Ninth Amendment says that the "enumeration in the Constitution of certain rights shall not be construed to deny or disparage other rights retained by the people." This has been interpreted as justification for broadly reading the Bill of Rights to protect privacy in ways not specifically provided in the first eight amendments.

Skinner v. Oklahoma (1942)

An Oklahoma law providing for the sterilization of people found to be "habitual criminals" is struck down, based on the idea that all people have a fundamental right to make their choices about marriage and procreation, despite the fact that no such right is explicitly written in the Constitution.

Tileston v. Ullman (1943) & Poe v. Ullman (1961)

The Court refuses to hear a case on Connecticut laws prohibiting the sale of contraceptives because no one can demonstrate they have been harmed. Harlan's dissent, however, explains why the case should be reviewed and why fundamental privacy interests are at stake.

Griswold v. Connecticut (1965)

Connecticut's laws against distribution of contraceptives and contraceptive information to married couples are struck down, with the Court relying on earlier precedent involving the rights of people to make decisions about their families and procreation as a legitimate sphere of privacy which the government does not have limitless authority over.