"HeyBub" <hey...@NOSPAMgmail.com> wrote in message
news:reGdnQwY8bBTbFnT...@earthlink.com...
> Home Guy wrote:
> >
> > The ACLU is concerned that technology used by law enforcement
> > officials in general is getting ahead of people's privacy. No one has
> > complained to the ACLU about the Montgomery County helicopter, but
> > some fear it could be used to spy on people.
> >
> > "The Constitution spells out very clearly that we have a right to
> > privacy, " Burke said.
> >
>
> I know it's presumptuous of me to correct an ACLU lawyer, but the word
> "privacy" does not appear in the Constitution.
>
> A "right" to privacy HAS been found, however, in the "penumbras and
> emanations" of that document, but only in cases involving sex (birth
> control, abortion, and sodomy).
It is said that a right to privacy is inherent in many of the amendments in
the Bill of Rights, such as the 3rd, the 4th's search and seizure limits,
and the 5th's self-incrimination limit.
The 9th amendment:
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
is also part of the "privacy package" and supports such rights as the
ability to freely move about the country and the right to privacy as
described over the years in cases such as you mentioned and quite a few more
not especially associated with sex. I will admit that lately, most cites
have a sexual element to them, if only obliquely.
http://en.wikipedia.org/wiki/Category:Privacy_law
Two early cases set the parameters for privacy:
May 25, 1891, Union Pacific Railway Co. v. Botsford: The Supreme Court
rejected the right of a defendant in a civil action to compel the plaintiff
to submit to physical examination, writing that "No right is held more
sacred, or is more carefully guarded, by the common law, than the right of
every individual to the possession and control of his own person, free from
all restraint or interference of others .."
Weems v. United States (1910)
In a case from the Philippines, the Supreme Court finds that the definition
of "cruel and unusual punishment" is not limited to what the Founding
Fathers might have thought it to mean.
Meyer v. Nebraska (1923)
A case ruling that parents may decide for themselves if and when their
children may learn a foreign language, based upon a fundamental liberty
interest individuals have in the family unit.
June 4, 1928, Olmstead v. United States: In a wiretapping case, Justice
Brandeis, dissenting, wrote broadly of the right to be "let alone":
The makers of our Constitution undertook to secure conditions favorable to
the pursuit of happiness. . They conferred, as against the government, the
right to be let alone-the most comprehensive of rights and the right most
valued by civilized men. To protect that right, every unjustifiable
intrusion by the government upon the privacy of the individual, whatever the
means employed, must be deemed a violation of the Fourth Amendment.
Skinner v. Oklahoma (1942)
An Oklahoma law providing for the sterilization of people found to be
"habitual criminals" is struck down, based on idea that all people have a
fundamental right to make their own choices about marriage and procreation.
(Which is why I think it would be legal to ask for voluntary sterilization
from welfare recipients. *They* make the choice, not the government who
only offers it.)
Pottawatomie v. Earls (2001)
How much latitude does a public school have in restricting a student's
rights? Can schools force all students to submit to random drug testing
merely as a condition of attendance? Can they force all students who
participate in activities like band or soccer to submit to random drug
testing?
Many recent cases involve abortion but some say privacy wasn't the real
issue - just the "point of entry" by abortion activists into the Federal
courts.
Essentially the courts have defined privacy indirectly by ruling on what
things are NOT private rather than describing what privacy means. It's a
very bizarre, paint-by-the-numbers system: "We can't describe it but we know
it when we see it."
--
Bobby G.