Privacy is the most important right that one has to an individual. There are a lot of interpretations of what the word “privacy” entails. Privacy can go as far as the “right to be alone” to access to personal information to online privacy and much more. Privacy did not become an asset to Americans until around the 1960s. Some Americans feel they are losing their right to privacy, others think their right to privacy should be lessened to protect that state and individuals. Privacy may not be a right found written in the Constitution, but it is a fundamental right and is used throughout the law. If privacy never came into play, the democratic system that we know today would not be in existence. Throughout history, this has become a controversial concept because of the expansion of resources and conflicts. Way back when, privacy was never an issue because everybody lived close together in and knew everyone in their towns. They felt comfortable in their surroundings, so privacy was not questioned. Nobody was worried about terrorism or murder or even drugs or alcohol. Their transportation and way they lived day to day was a lot different than that of today. There was nothing that changed their way of life.
Technology has been the big impact on the last few centuries. It is what has shaped the production of privacy and only continues to do so. Cell phones and the internet have the biggest involvement throughout past generations with privacy. They did not exist until the twentieth century. Today, everything is different and more developed from back in past and more dangerous. Which leads the government to be more strict on privacy and in return, leads people to have their thoughts either that the government is taking away their right to privacy or that their right to privacy should be lessened for their protection.
On one side of the privacy spectrum there are those who believe that government is taking away their right to privacy. For example, some peoples concern is that technological developments threaten privacy. The rapid growth and involvement of the internet by Americans has expanded the outlook on it for the government. Therefore, it is no surprise that the government has took privacy rights and the
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
The founding fathers of the United States of America fought hard to achieve an independent nation. An independent nation containing freedoms and rights for citizens that only the constitution can guarantee. One of the crucial rights guaranteed to U.S citizens today is the right to privacy, or the right to be left alone according to Brandeis and Warren. The right to privacy is not specifically mentioned in the constitution, it is however mentioned in the bill of rights. The bill of rights is the first ten amendments of the constitution, which protects many civil rights and liberties of all U.S citizens. The debate today is whether the constitution protects the privacy of citizens from being regulated and invaded by federalism.
Privacy, as defined by the American Heritage Dictionary, is the quality or condition of being secluded from the presence or view of others, and the state of being free from public attention or unsanctioned intrusion. Interestingly, the Constitution of the United States does not expressly protect a person 's right to privacy; there are however some provisions to privacy within the Bill of Right and the Amendments to the Constitution. Among them are the first amendment, that ensures the privacy or belief, the third amendment, that ensures the privacy of home, and the fourth amendment, that ensures the privacy of person and possession.
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.
A Rutgers professor summarized the problems deriving from the right to privacy when he wrote, "If human rights - such as the right to be let alone - are to enjoy the force of law, it seems desirable for the right to be spelled out carefully." The right to privacy is entirely a judicial interpretation and creation, meaning that it has little permanence or substance. Only a constitutional amendment can insure that one's privacy is an undisputed, inalienable right.
While there is no “right to privacy” explicitly mentioned in the United States Constitution, the Supreme Court believes that several of the Amendments embody this right; specifically the First, Third, Fourth, Fifth, Ninth and Fourteenth Amendments [6]. The First Amendment protects the privacy of one’s beliefs [6]. The Third Amendment protects the privacy of the home against it being forcibly used to house soldiers [6]. The Fourth Amendment protects against unreasonable searches [6]. The Fifth Amendment protects the privacy of personal information [6]. The Fourteenth Amendment provides for a right to liberty in the areas of family, marriage, motherhood, procreation, and child rearing [6]. And lastly the Ninth Amendment is a “catch-all,” declaring that just because a
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).
The right to privacy has not been explicitly stated, but it has been found in a number of amendments. The fourth amendment is a good example because it restricts agents from searching people without a warrant or reasonable evidence that they have committed a crime. Privacy is an important thing to people, even when the topic is completely appropriate. It is something people like about only telling things to certain people. No one is going to tell the whole country or the whole world something that they recently experienced. They would have no interest in anyone except a chosen few to tell something like that to. These chosen people would be those that are close to that person, especially if they are friends or family. For this reason, it would
The US Constitution does not explicitly describe the right to privacy. The right to privacy is only implied. American citizens have a right to privacy which is outlined in the Bill of Rights’ amendments one, three, four, nine and amendment fourteen of the Constitution. One’s privacy of personal beliefs are protected by amendment one. Amendment three protects the privacy of one’s home. Privacy of possessions area protected through amendment four. Amendment nine is most often used as a general protection of privacy while the liberty clause of the fourteenth amendment also protects privacy also. Supreme Court has acknowledged the right to privacy in many cases.
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 is a natural right that needs to be kept because if it is not a free society cannot function as one. If we give up our total privacy, we give up our freedom, which in essence throws away our liberal society. Every individual enjoys the act of being alone because it allows him or her to be themselves without facing any type of judgment. Every individual would cringe at the thought of being watched at all hours, while eating, sleeping, communicating, or participating in another activity. I would would feel embarrassed and petrified to know that every time I took a shower I was being watched. Everyone enjoys his or her right to privacy in America. In my opinion, the government has no right to invade our privacy because not everyone is a criminal and gather all this information
In 1787, the constitution was born. The constitution has been America’s guideline to the American way of life. Our US constitution has many points in it to protect America and it’s people from an overpowered government, our economy, and ourselves. The only thing the constitution doesn’t directly give us, is our right to privacy, and our right to privacy has been a big concern lately courtesy of the National Security Agency (NSA).(#7) Although our constitution doesn’t necessarily cover the privacy topic, it does suggest that privacy is a given right. Some people say that the right to privacy was so obvious, that our founding fathers didn’t even feel the need to make a point about it.(#9) It also didn’t help
Samuel D. Warren and Louis D. Brandeis had published “The Rights To Privacy” which was an influential article that made a general common law right of privacy. Ever since the publication of the article, courts have relied on it in hundreds of causes presenting a range of privacy issues. Privacy is something that shouldn’t be taken away, imagine how life would be without us having our own privacy. There would be many people knowing each other’s business. There are times when people go through rough times and they need their own time alone. The rights to family, personal, and life privacy are one of the very important part of life because without it everything would be different.
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 Constitution was written in very general language, which has resulted in ambiguity about where national power and authority end and state power and authority begin" (Fine, 2016). In other words, American Federalism, a system of government where people distribute power between national and state governments. The constitution gives each government their own power, but they also share some power and responsibilities. All people living in the United States have the right to privacy. The privacy of American citizens was a Supreme Court decision, which over the years has established that the right to privacy is a basic human right. The right to privacy is often protected by certain laws. For example, the Health Information Portability and Accountability Act that protects the health information of individuals, The Privacy of Children on the Internet, The Family Educational Rights and Privacy Act, the Federal Trade Commission that enforces the right to privacy in several ways and many other laws that help citizens maintain their rights to privacy. These are some of the national and state policy that would help me explain the advantages and disadvantages of the privacy laws.