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Right to Privacy: The Unwritten Right
Right to Privacy• Right to Privacy: Right protecting citizens from
unreasonable interference by government
Right to Privacy
Questions
1. What does privacy mean to you? At home? At school? At work? On the phone? In other places?
2. How would you feel if someone listened in on your phone calls, opened your mail, inspected your locker, or looked at your medical or tax records without your permission?
3. In what other ways can privacy be invaded? How can the law protect the right to privacy?
No right to privacy in the Constitution
• Based on Zones of Privacy derived from 1st, 3rd, 4th, 5th and 9th amendments– What is listed under the 1st, 3rd,
4th, 5th and 9th Amendment?
1st, 3rd, 4th, 5th and 9th Amendments
• 1st – freedom of speech, religion, press, assembly, petition• 3rd - prohibits the gov’t from forcing citizens to house soldiers• 4th – gov’t must have a warrant to search & seizure citizens
property• 5th - cannot testify against yourself (“I plead the fifth
amendment”), cannot be tried twice for the same crime (double jeopardy), accused have right of due process (equal treatment of the law).
• 9th - people have rights not listed in the Constitution
Are zones of privacy actually granted in the Constitution?
• Restriction: Gov’t can regulate certain acts, even if they interfere with right to privacy, when there is an important government interest– Essentially right of individual
vs. interest of gov’t• Ex: In a NJ case, court ruled
that neighbors should be notified when a sex offender moves into the neighborhood.
The Primary Zones of Privacy
• Home– Constitutional question:
Are actions in the privacy of one’s home protected by the Constitution?• SC says based on
community standards and possibility of harm
The Primary Zones of Privacy• School– Constitutional question: Do students
have a right to privacy within the school?• SC says limited privacy—lockers can be
searched, students can be searched without warning
• Student records are accessible to students and parents only
• schools can provide records to juvenile justice authorities if:– state law authorizes disclosure– disclosure is to a state or local juvenile justice
agency– disclosure will aid agency in providing student
services– agency agrees in writing to not disclose info to
a third partyhttp://youtu.be/ITanYFkzEZU
The Primary Zones of Privacy
• Electronic Communications• Constitutional question: Do people have a right to privacy
when they send information over the internet?• SC says email can not be read by third party or by
government unless by routine maintenance or court order• Employers may monitor the email of their employees
– Current controversy: What level of protection of our right to privacy can we expect/demand on the Internet?
http://youtu.be/_K8f-r_BK1M(The Internet and Our Right to Privacy)
http://youtu.be/-e98hxHZiTg(Social Media Privacy)
The Primary Zones of Privacy
– Banks/Financial Records• Constitutional question: Are an
individual’s bank records included within a zone of privacy? • Banks keep records of all checks
deposited—not protected by right to privacy• Customers must receive notice
when their info is sent to another institution– Exceptions: federal gov’t, private
investigators, creditors
The Primary Zones of Privacy
• Other Personal Records– Constitutional question: Are an
individual’s personal records covered within a zone of privacy?
– Privacy Act of 1974• Def: Act that prevents gov’t from
releasing information about an individual without written consent and allows individuals to view own records and make corrections
• limits FOIA (Freedom of Information Act)– covers medical, criminal, and employment
records (special exception files!)
Reproductive Rights Issues
• Constitutional Question: To what extent to reproductive issues fall into a zone of privacy? To what extent are they a matter of public concern?
• Birth Control– Birth control was approved by FDA (Food & Drug
Administration) in 1960– SC says access to/use of birth control is a private manner
and therefore can not be regulated by gov’t – Current controversy:
• 1) Should schools be allowed to distribute condoms to students? • 2) Should a gov’t be allowed to require abstinence only education
in the public schools?
Reproductive Rights Issues• Abortion– Legal until late 1870s when almost all states had laws
banning abortion– SC says abortion is a private issue dependant on the
trimester (1973: Roe v. Wade)• 1st trimester (1-3 months): right to an abortion without state
interference• 2nd trimester (3-6 months): abortion could be regulated by state
for safety reasons, but could not be prohibited• 3rd trimester (6-9 months): states could regulate/prohibit all
abortions – Current controversies
• Husband’s rights in abortion• Abortion rights of minors• Late-term abortions in cases of rape or danger to mother’s
physical or mental health• Abortion counseling at federally funded clinics• Definition of life
Exist Questions: Right to Privacy1. Why do you think abortion is so controversial?2. Should abortion be allowed on demand, totally banned, and/or have
limits? Explain.3. Would you allow later term abortions in any circumstances? Explain4. What are the advantages and disadvantages of state laws that require
minors to obtain consent from a parent before an abortion can take place?
5. Assume that a private organization wants to distribute condoms at a high school and that the school board passes a rule prohibiting condom distribution. Would such a rule violate the privacy rights of high school students? • What are the arguments for and against this rule?
6. Are there any circumstances in which you think the government should be able to sterilize either males or females, totally taking away their reproductive rights? Explain your answer.
