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Unformatted text preview: But the concept of privacy as a protected right has not been limited to interference by one private citizen with the right of another. The recognition of privacy protected from government intrusion finds its roots in the Constitution of the United States in the protection of the citizen from the overreaching of the state. The fourth amendment recognizes most explicitly the citizen's right to privacy from intrusion by the state. This interpretation was recognized in the Supreme Court's decision in Katz v. United States, wherein the Court rejected the traditional physical-trepass approach to determination of violation of the fourth amendment and formulated the guiding principle in terms of the individual's reasonable expectation of privacy. But undoubtedly the land-mark decision in the formulation of a constitutionally protected right to privacy is Griswold v. Connecticut, where the Supreme Court struck down Connecticut's anti-contraceptive statute because of its broad impact upon the privacy of married life, "a relationship lying within the zone of privacy created by several fundamental guarantees." Justice Douglas, writing the opinion for the Court, found in the first, third, fourth, fifth and ninth amendments "guarantees [that] create zones of privacy" protected from broad and unnecessary intrusions by the state. THE GRISWOLD DECISION RECOGNIZES DEGREES OF PRIVACY AS MANIFEST FROM THE CONSTITUTION The University of Tennessee, Spring, 1972, p. 520 Only the narrowest reading of Griswold would deny that the personal relationship existing between physician and patient falls within its orbit. Six Justices in Griswold agreed that the right of privacy is constitutionally protected. Justice Douglas, writing for the Court, found this right implicit in the Bill of Rights and "penumbras, formed by emanations from those guarantees that help give them [Bill of Rights] life and substance." n38 Chief Justice Warren and Justices Goldberg and Brennan agreed that "the concept of liberty protects those personal r...
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- Fall '13