In this paper I will analyze the interpretations of privacy and personal liberty employed by the rulings of United States Supreme Court cases such as Griswold v. Connecticut, Roe v. Wade, and Planned Parenthood v. Casey, and propose a notion of privacy and personal liberty that strikes an ideal balance between individual autonomy and the interest of the state. In Griswold v. Connecticut, the leadership of Planned Parenthood were convicted of violating a Connecticut statute which prohibited the use of any drug or article to prevent conception because they provided information on contraception and prescribed a contraceptive device for use by the wife of a married couple. The United States Supreme Court ruled that the Connecticut statute was unconstitutional.1 The court reasoned that the relatively vague nature of several constitutional amendments left room for the implicit establishment of a broader range of rights and protections than those which are more explicitly mentioned in the text of each amendment. Several justices drew from a number of different amendments to support their final ruling including the self-incrimination clause of the fifth amendment, the ninth amendment, and the due process clause of the fourteenth amendment. The key effect of this ruling was that the Supreme Court established an explicit reference to an individual’s constitutional right to privacy and it functionally pitted that right against the interest of the state. In this case, the Supreme Court
This case challenged the rights of marital privacy within the home. In 1961, Griswold and her partner, Dr. Buxton, opened a birth control clinic in New Haven, Connecticut. A law enacted in 1879 made it illegal to use anything to prevent contraception in the state. That’s right, nothing could be used to prevent pregnancy. Consequently due to their actions, Griswold and Buxton were arrested, tried, found guilty, and fined to pay $100. Griswold appealed her conviction to the United States Supreme Court, arguing that the state was in breach of multiple amendments including the fourteenth, first, and of course, the third amendment. The argument based on the third amendment was that the home is and should be a private place. No one is to know what happens in the home, or in the bedroom for that matter. The only way to prove that the women who visited the clinic were actually using birth control would be storm their homes. In the end, it was found that Connecticut's actions were unconstitutional and this court case paved the way for future cases such as the famous Roe vs Wade
First I will like to discuss the effect this decision made on an organization. It is important, because this organization is a large vehicle to the effort of birth control. Planned Parenthood, is an organization which offer its services to help family control pregnancies, counsels young woman on abortion, and it 's a lead voice in protection of the body of the female over the offspring. I will continue with Planned Parenthood expansion, while I explained the consequences of the precedent established by Griswold v. Connecticut in subsequent landmark cases.
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
In 1879, Connecticut passed a law that prohibited the use and education of contraceptives to both married and unmarried women, men, etc. Since this law was said to be seldom enforced, a Planned Parenthood in New Haven, Connecticut decided to take the risk. The executive director of Planned Parenthood League of Connecticut, Estelle Griswold, and a doctor and professor at Yale Medical School, Dr. C. Lee Buxton, were arrested, found guilty, and fined $100 each (equivalent to about $750 U.S. today) for counseling a married couple about contraceptives and prescribing birth control to the wife. They appealed to the Supreme Court of Connecticut, where the Connecticut court upheld their conviction. Griswold and Buxton appealed to the Supreme Court of the
Norma McCorvey, who was unable to care for her ready born child felt that abortion was the only solution for her unborn child. But with Texas law only allowing abortions as a means of saving the life of a mother, she was denied the right to an abortion. That’s when Texas lawyers, who were trying desperately to bring a “lawsuit of change”, felt that McCorvey’s case was the one they needed. Unfortunately for Norma, Roe v. Wade was not passed in time for her to abort her baby. Her lawyers argued the woman’s right to abortion was protected by the 9th amendment, being that the denying abortion was a violation of the right to privacy. Abortion ties into privacy; the right to privacy ties into the 1st, 4th, 9th and 14th amendments.
“[The] right to privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the district court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." (White, 94)
On June 7th 1965, married couples in the State of Connecticut received the right to acquire and benefit from contraceptive devises. In a majority decision by the United States Supreme Court, seven out of the nine judges believed that sections 53-32 and 54-196 of the General Statues of Connecticut , violated the right of privacy guaranteed by the Fourteenth Amendment. The case set precedence by establishing marital (and later constitutional) privacy, and had notable influence on three later controversial ruling=s in Roe v. Wade (1973), Bowers v. Hardwick (1986) and Planned Parenthood of S.E. Pennsylvania v. Casey (1992) . The issue at hand was, and is still, one that still causes debate, wether a state has the
According to Supreme Court case Griswold v. Connecticut the United States Constitution protects women’s rights to use contraceptives. Our Constitutional heritage and principles contradict the verdict of that case. The general right to privacy that (has been said) is outlined in the Constitution, was used in the Supreme Court case to argue that decisions about a woman’s body is protected. Yet, nowhere in the Constitution does it mention the right to marital privacy. There are many flaws surrounding the verdict of Griswold v. Connecticut; not only constitutionally, but theologically and scientifically.
Estelle Griswold, the executive director of Planned Parenthood League of Connecticut, and Dr. C. Lee Buxton, doctor and professor at Yale Medical School, were arrested and found guilty as accessories to providing illegal contraception. They were fined $100 each. They sued the state of Connecticut claiming it violated their constitutional rights. Their argument was that a married couple has a constitutional “right of privacy” They directly argued that- "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law...nor deny any person the equal
Often times in today’s world we take certain luxuries for granted. The right to vote, the right of free speech, etc. But one of those luxuries that people often don’t consider is the right for women to use birth control. The Supreme Court case that argued for the use of contraceptives was Griswold vs Connecticut. The court case was argued March 29th-30th 1965, but was not decided until June 7th 1965. The case was on the debate of whether or not the use of contraceptives should be legalized. Griswold, the Executive and Medical Director of Planned Parenthood League of Connecticut, was on the side arguing for the legalization of the use of contraceptives in a marriage. While the opposing side, the state of Connecticut statute, had forbidden the use of contraceptives since 1879.
Blackmun argued that the right to privacy, as defined in the Griswold v. Connecticut decision in 1965, included “the abortion decision.” In the ninth amendment, Blackmun argued, was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” However, despite this argument of a woman’s right to end her pregnancy being cover under the “right to privacy” as established in Griswold,
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.
Abortion did not immediately engrave itself onto public agenda; it had help. The legal debate over the use of birth control proved to be the catalyst needed to propel abortion to the Supreme Court and into the ranks of public policy. The birth control movement was significant to Roe v. Wade because it served as a key in which to unlock the gates of the Supreme Court. The Supreme Courts decision to hear Griswold v. Connecticut, a case that challenged the Connecticut statute prohibiting anyone to “use any drug, article, or instrument to prevent conception or to give assistance or counsel in its use (p.39)”, is arguably the most significant factor in the Court’s
The words, “Arguing that you don’t care about privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say” were said by Edward Snowden who is a computer professional in America. Similarly, the essays “Tracking Is an Assault on Liberty,” “Web Users Get as Much as They Give,” and “Facebook Is Using You” from Nicholas Carr, Jim Harper, and Lori Andrews respectively points out that the internet privacy is good and bad. However, the articles by Carr and Andrews are based on the negative side of the internet privacy, which means that the internet privacy is not good. On the other hand, Harper’s article is based on the positive side of the internet privacy, which means that the internet privacy is good and scary, but people need to be careful of their own information and browsing histories, and websites. Jim Harper’s essay is more relevant and reasonable than the Nicholas Carr and Lori Andrews’s essays. However, Harper seems more persuasive to readers because he believes that the internet is good if people use it in a right way, whereas Carr and Andrews believe that the internet is not good at all.
The conception of human rights and freedoms is the cornerstone of American traditions, law and the indicator of democracy. The approach of prevailing interest in personal privacy, property privacy and non-interference of state authorities in private affairs is the basic ground for modern organization of American society. For centuries the courts have been standing safeguards of protection of persons against unreasonable intrusion of the State, generally interpreting the Constitution and the Bill of Rights with preference of personal human rights protection. Nonetheless in the end of the 21st century there appeared several factors which so much influenced our society that the matters