The Right to Privacy. No where in the Constitution are the words “right to privacy”
-
Upload
charles-joseph -
Category
Documents
-
view
219 -
download
0
Transcript of The Right to Privacy. No where in the Constitution are the words “right to privacy”
![Page 1: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/1.jpg)
The Right to Privacy
![Page 2: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/2.jpg)
No where in the Constitution are the words “right to privacy”
![Page 3: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/3.jpg)
No where in the Constitution are the words “right to privacy” Rather, these words were issued by Justice
Brandeis in his dissenting opinion in Olmstead v. US (1928) {example of courts making law}
![Page 4: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/4.jpg)
No where in the Constitution are the words “right to privacy” Rather, these words were issued by Justice
Brandeis in his dissenting opinion in Olmstead v. US (1928) {example of courts making law}
The Supreme Court further said that the Constitution creates “zones of privacy”
![Page 5: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/5.jpg)
No where in the Constitution are the words “right to privacy” Rather, these words were issued by Justice
Brandeis in his dissenting opinion in Olmstead v. US (1928) {example of courts making law}
The Supreme Court further said that the Constitution creates “zones of privacy”– 1st, 3rd, 4th, 5th, and 9th amendments
![Page 6: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/6.jpg)
The Right to Privacy creates conflicts with the interests of our government
![Page 7: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/7.jpg)
The Right to Privacy creates conflicts with the interests of our government Info to solve crimes
![Page 8: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/8.jpg)
The Right to Privacy creates conflicts with the interests of our government Info to solve crimes Ex. 1997, Supreme Court ruled that new
Georgia rule requiring candidates to submit to drug tests violated their right to privacy (there was no reason to believe that they were drug users)
![Page 9: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/9.jpg)
The Right to Privacy creates conflicts with the interests of our goverment Info to solve crimes Ex. 1997, Supreme Court ruled that new
Georgia rule requiring candidates to submit to drug tests violated their right to privacy (there was no reason to believe that they were drug users)
Ex. Supreme Court upheld that sex offenders must register when moving into an area
![Page 10: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/10.jpg)
Privacy in the Home
![Page 11: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/11.jpg)
Privacy in the Home
Constitution supports that people have reasonable expectation of privacy in their own home (warrants)
![Page 12: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/12.jpg)
Privacy at School
Generally, rights to privacy are limited at school
![Page 13: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/13.jpg)
Privacy at School
Generally, rights to privacy are limited at school– Lockers belong to the school, can be searched
![Page 14: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/14.jpg)
Privacy at School
Generally, rights to privacy are limited at school– Lockers belong to the school, can be searched– If officer (or school administration) has
reasonable cause, then they can search
![Page 15: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/15.jpg)
Privacy at School
Family Educational Rights and Privacy Act of 1974
![Page 16: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/16.jpg)
Privacy at School
Family Educational Rights and Privacy Act of 1974– Gives rights to parents to view the records of
their child
![Page 17: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/17.jpg)
Privacy at School
Family Educational Rights and Privacy Act of 1974– Gives rights to parents to view the records of
their child– Gives right to ask for correction of misleading
info, and prohibits release of info with out permission
![Page 18: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/18.jpg)
Privacy at School
Family Educational Rights and Privacy Act of 1974– Gives rights to parents to view the records of
their child– Gives right to ask for correction of misleading
info, and prohibits release of info with out permission
– When student is 18, student has right to view records
![Page 19: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/19.jpg)
Information Gathering and Privacy Computers have allowed for the easy
collection and storage of info
![Page 20: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/20.jpg)
Information Gathering and Privacy Computers have allowed for the easy
collection and storage of info Most bank transactions are recorded/copied
and available to multiple sources w/out individual permission
![Page 21: The Right to Privacy. No where in the Constitution are the words “right to privacy”](https://reader033.fdocuments.net/reader033/viewer/2022051316/56649ef65503460f94c09827/html5/thumbnails/21.jpg)
Information Gathering and Privacy Computers have allowed for the easy
collection and storage of info Most bank transactions are recorded/copied
and available to multiple sources w/out individual permission
Privacy Act prevents the gov’t from releasing info w/out written consent of the individual