Privacy Essay

2578 WordsApr 16, 201411 Pages
Many people have debatable ideas of what privacy, invasion of privacy, and privacy rights are, but nonetheless most people have ideas or an opinion on such topics. “Definitions of privacy can be couched in descriptive or normative terms. People may view privacy as a derivative notion that rests upon more basic rights such as liberty or property.” (Moore, 2008, p. 411) Even with the many explanations of privacy rights that we individually claim, we should all be able to agree that to some degree our right to privacy is essential and necessary for our day to day functions. Even with our own opinions, we should all have some kind of understanding as to what the US Constitution states about our privacy rights and what is and is not considered…show more content…
The Supreme Court, in a 7-2 decision written by Justice William O. Douglas, ruled that the law violated the "right to marital privacy" and could not be enforced against married people. Justice Douglas contended that the Bill of Right's specific guarantees have "penumbras," created by "emanations from these guarantees that help give them life and opinion." In other words, the "spirit" of the First Amendment (free speech), Third Amendment (prohibition on the forced quartering of troops), Fourth Amendment (freedom from searches and seizures), Fifth Amendment (freedom from self-incrimination), and Ninth Amendment (other rights), as applied against the states by the Fourteenth Amendment, creates a general "right to privacy" that cannot be unduly infringed. (McBride, 2006) This case, unlike the Terry vs. Ohio case, was a clear violation of the US Constitution from the state of Ohio and they did not go unrecognized by the Supreme Court. Since marriage is a fundamental right and rightly understood that privacy lines can easily be crossed with the government’s invasion, this case was easier to decipher between privacy rights under the US Constitution, but how much clearer would the state’s laws have been if privacy was a clear cut topic in the original US Constitution? Cases like the one’s mentioned paved the way for a better understanding and improvement of the law, but the question still remains, when has too far gone too
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