Civil Liberties What is the constitutional foundation for the right or privacy? Privacy is not explicitly covered in the United States Constitution. However, as noted by Schultz (2010), the right to privacy is deemed to be among the rights that are guaranteed by the Ninth Amendment. The author notes that privacy can be defined as the information secrecy, physical seclusion, or a principle that guards one against making decisions about fundamental issues. Schultz (2010) also points out that the current constitutional right to privacy protects the freedom of the people from unwarranted and unwanted intrusion by the government in domains such as sexuality, familial relationships, personal information, decisions about death, human reproduction, and personal autonomy. While the constitution does not have the express right to privacy, we have specific aspects of privacy that are reflected by the Bill of Rights (UMKC, n.d.). In this case, therefore, the right of privacy of beliefs has been protected by the 1st Amendment. The 3rd Amendment protects the home privacy against housing of soldiers. The possessions of one are protected against unreasonable searches by the Fourth Amendment (UMKC, n.d.). As for the Fifth Amendment, it protects the privacy rights of individuals relating to personal information and personal property (Kemper, 2014). According to the amendment, an individual does not have to reveal anything about herself or himself that may prove or show guilt in a
Privacy is defined and interpreted differently depending on the person or persons involved. The one thing that is agreed upon is that privacy in all forms is a right and shall receive equal protection for all people under the laws of the constitution. This includes the right to our personal affairs to be let alone, financials, medical records, opinions, privacy of worship, privacy in our homes and intimate interactions. However right to privacy extends far beyond our personal lives and information being left alone and out of the public eye. In the past privacy was not something that was thought of so
While interpreting Should We Ditch the Idea of Privacy? by Don Tapscott, I had found that this article was my favorite. When it comes to choosing is one should stay private or keep their information public, I feel like that is up to that individual one hundred percent. In Should We Ditch the Idea of Privacy? Tapscott went over how many people should be more open and post more information on the internet to allow others to get a sense of what is going on. He believed Facebook is a “leading social-media site that promotes information sharing” making everyone’s life an open book for everyone to read and learn from. Additionally, to help is one is struggling with any mental health issues. Tapscott believes that by sharing personal information can
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.
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).
Along with the vision of the framers, a specific example of inherent privacy can be found in the Third Amendment. Even though it does not specifically state that people have the right to privacy, the framers made it clear that the Bill of Rights does not outline every right the people of the United States have. This is evident through their inclusion of the Ninth Amendment, which Madison specifically included to ensure that the Bill of Rights was not seen as granting only the specific rights it addressed. One of these such rights, includes the right to
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 First Amendment of the United States' Constitution, and the first right guaranteed by the Bill of Rights, declares that there will be no law made "respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (First Amendment, n.d.). An individual's right to privacy is not guaranteed in the United States' Constitution or the Bill of Rights, however, there have been amendments created that seek to protect specific and private rights individuals. Even so, there are limitations to what type of freedoms are protected under the First Amendment and to what extent an individual's privacy is protected.
The first amendment explicitly states that one has freedom of speech, press, assembly religion and beliefs hence it being labeled privacy of personal beliefs.
Our rights play a big role in this debate of privacy. The fourth amendment is one of the laws that enforce the right to privacy. This amendment was passed by Congress on September 25th, 1789 and was ratified on December 15th, 1791. It was created to protect people from people such as the police to go through homes, private property, and in the current day: technology. It will always be debated about in terms of privacy and human rights. The Fourth Amendment is, “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the person or things to be seized” (“Fourth Amendment”). In other words, we have a right to have our valuables and personal files not to be searched unless that person has a warrant. Not only can the Fourth Amendment protect us, but also put us in danger or jeopardise someone's safety. For example, “The Supreme Court decided in the mid-twentieth century that if the police seize evidence as part of an illegal search, the evidence cannot be admitted into court. This is called the
• The right to privacy is protected by the U.S. Constitution. (The right to be let alone and free from unwarranted governmental intrusion.)
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
The topic of this paper is privacy. It will talk about the ethical and legal reasons for maintain privacy. The audience for this paper is high school level teachers in a school with one-to-one devices for every student.
Dictionary.com provides a definition of individual privacy which reads; “Freedom from damaging publicity, public scrutiny, secret surveillance, or unauthorized disclosure of one 's personal data or information, as by a government, corporation, or individual”. On a basic level, the right of individual privacy simply means that one has the right to be left alone. This is a right many in our society claim to hold as inalienable, yet in our rapidly changing, ever more digital society, this right is called further into question almost every day. Over the last ninety years the right of privacy has been reaffirmed, and some would even say expanded, through several high profile Supreme
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).