Privacy - Background for Right to Privacy Concept is...

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Background for Right to Privacy Concept is grounded in English and American common law — protection from government 19 th-- 20 th Century Development 1890 Harvard Law Review article— “the right to be let alone” Justice Brandeis’ dissent in Olmstead v. U.S. (1928)
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Warren Court in 1960s Before 1965, Court viewed privacy in only two contexts —individual protection from press; and protection against unreasonable search or seizure Griswold v. Connecticut (1965) State law prohibited use of or advising others about birth control or contraceptive devices Does Conn. law violate Constitution? YES (7-2)
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Key Points in Griswold case Privacy right from 1 st /3 rd /4 th /5 th /9 th Amendments: “zone of privacy” Justice Douglas emphasized the intimacy of marriage relationship; state law had “maximum detrimental impact” upon it Justice Black dissent: no explicit mention of privacy
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Privacy and Abortion Rights By late 1960s, most states criminalized abortions. Only Alaska, Hawaii, New York, and Washington allowed it in most instances. By 1972, 25 states (including Texas) allowed it only to save maternal life Roe v. Wade (1973) [Reader, pp. 108-111] Does TX law violate “liberty” as protected in 14 th Amendment? YES Blackmun (7-2)
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This note was uploaded on 04/15/2008 for the course PSC 2302 taught by Professor Dr.riley during the Spring '08 term at Baylor.

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Privacy - Background for Right to Privacy Concept is...

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