Warm-Up Your Rights: Personal Privacy

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Warm-Up Your Rights: Personal Privacy

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Words to Know

Fill in this table as you work through the lesson. You may also use the glossaryto help you.

rights that are specifically listed in the US Constitution

a previous court ruling that can be used as a model or example for future rulings

rights that are not listed directly in the Constitution

WK2

Lesson Goals

Define the right to and its .

Amendment guaranteesunenumerated rights.

Explain how the

Describe how the right to privacyhas developed through

decisions.

Lesson Question


Warm-Up Your Rights: Personal Privacy

The Right to Privacy

The idea of the right to began to develop in the late 1800s.

The right to life has come to mean the right to enjoy life, – the right to be let alone . . . the

individual is entitled to decide whether that which is his shall be given to the public.

–Samuel Warren and Louis Brandeis, 1890


Your Rights: Personal Privacy

2Slide

Instruction


Freedom from

intrusion

Personal

rights


The word does not appear in the US Constitution. However,

several amendments privacy.

First Third Fourth

•

and assembly

• Quartering • Unreasonable

and seizure

• Self-incrimination

The Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to

or disparage others retained by the people.

–Constitution of the United States, Amendment IX



2Slide

Enumerated and Unenumerated Rights

Enumerated Rights

• Rights that are specifically

in Constitutional

amendments, such as:

• Right to free

• Right to a trial by

Unenumerated Rights

• Rights that exist but are

specifically named in the Constitution, such as:

• Right to

• Right to privacy

Instruction

Privacy Laws

Your privacy is protected by and laws.

For example, someone or something cannot:

• intrude or pry into your affairs.

• publicly disclose facts you want kept .

• publicly portray you in a light.

• use your name or likeness without your .

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These rights are protected by the

Amendment.



6Slide

Griswold v. Connecticut (1965): The Facts

In 1961, Estelle Griswold and Lee Buxton were convicted of a Connecticut state law.

• They gave information and prescriptions for contraceptives to

couples.

• They appealed their conviction to the Court.

Instruction

Griswold v. Connecticut: The Decision

The Supreme Court ruled 7–2 in of Griswold and Buxton.

• The Constitution protected the right of privacy against

state restrictions on .

• The and concurring opinions based the right to privacy

on different parts of the .



Justice Douglas argued that the Bill of

Rights contained

against intrusion.

• The First, Third, Fourth, Fifth, and Ninth Amendments

establish of

privacy.

• The law

conflicted with this right.

The Ninth Amendment provides: “The

enumeration in the Constitution, of certain

rights, shall not be construed to deny or

disparage others retained by the people.”

–Opinion of the Court, Griswold v. Connecticut,

Justice William Douglas, 1965

His opinion inferred that the framers of the Constitution intended that privacy is an

right.

Instruction

6Slide

Various guarantees create zones of privacy. The right of association contained in

the . . . First Amendment is one, as we have seen. The Third Amendment, in its prohibition

against the quartering of soldiers “in any house” in time of peace without the consent of the

owner, is another facet of that privacy. The Fourth Amendment explicitly affirms the “right of the

people to be secure in their persons, houses, papers, and effects, against unreasonable searches

and seizures.” The Fifth Amendment, in its Self-Incrimination Clause, enables the citizen to

create a zone of privacy which government may not force him to surrender to his detriment.

–Opinion of the Court, Griswold v. Connecticut,

Justice William Douglas, 1965

We can make an that the right to privacy is protected by the

First, , , and Fifth Amendments.


Instruction Your Rights: Personal Privacy

6Slide

Justice Goldberg agreed with Justice Douglas, but cited the

rights protected by the Amendment.

To hold that a right so basic and fundamental and so deep-rooted in our society as the right of

privacy in marriage may be infringed because that right is not guaranteed in so many words by

the first eight amendments to the Constitution is to ignore the Ninth Amendment, and to give it

no effect whatsoever.

–concurring opinion, Griswold v. Connecticut,

Justice Arthur Goldberg, 1965

Griswold v. Connecticut (1965): The Impact

In its decision, the Supreme Court established “right to privacy” protections.

• Established that people have the right to keep their marriage decisions

.

• Created precedent for right to privacy in other areas of .

We deal with a right of privacy older than the Bill of Rights. . . . Marriage is a coming together

for better or for worse, hopefully enduring, and intimate to the degree of being sacred.

–Justice William Douglas, Opinion of the Court,

Griswold v. Connecticut

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8Slide

Roe v. Wade (1973): The Facts

Jane Roe wanted to end her pregnancy, but abortion was in Texas.

• Roe sued in US District Court, the Texas law.

• The District Court and Court of Appeals declared the law

.

• Cited Griswold v. Connecticut and the Ninth Amendment.

• Texas again appealed the decision, and the case went to the

Court.

Griswold v. Connecticut: The Impact

The decision other Supreme Court cases:

• Eisenstadt v. Baird (1972): birth control for couples

• Lawrence v. Texas (2003): rights

• Obergefell v. Hodges (2015): same-sex rights

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11Slide

Roe v. Wade: The Decision

The Supreme Court ruled 7–2 that most restrictions on abortion were

.

The Court determined that:

• women’s right to privacy included decisions regarding .

• Texas law violated Amendment protection against

government intrusion into the right to privacy.

• states may restrict abortions during the final months of pregnancy.

Roe v. Wade (1973): The Decision

We, therefore, conclude that the right of personal privacy includes the abortion decision, but

that this right is not unqualified, and must be considered against important state interests

in regulation.

–Justice Harry Blackmun, Opinion of the Court,

Roe v. Wade

Roe v. Wade: The Impact

The decision influenced other Supreme Court cases:

• Webster v. Reproductive Health Services (1989): upheld some

• Planned Parenthood v. Casey (1992): created “ ” test

• Gonzales v. Carhart (2007): upheld on specific procedure



11Slide

for abortion rights has remained steady.

• Influences state and national campaigns

• Affects how Supreme Court candidates are chosen


Summary Your Rights: Personal Privacy

Review: Key Concepts

Although the right to privacy is not in the Constitution, several

cases have argued that privacy is by other amendments.

Answer

Lesson Question

How has the right to privacy been defined and protected by the Supreme Court?

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2Slide

The Constitution implies right to privacy:

• First and Fifth Amendments protect privacy of thoughts

and .

• Third and Fourth Amendments protect

privacy of .

• Ninth Amendment protects rights that are not

in the

Constitution.

The Supreme Court has

and expanded the

right to privacy in key decisions:

• Griswold v. Connecticut (1965): the right to privacy

in

• Roe v. Wade (1973):

as a

privacy right


Summary Your Rights: Personal PrivacySummary

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Warm-Up Your Rights: Personal Privacy