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right to privacy eassay
an essay on right to privacy
the importance of the right of privacy
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The term “privacy” as defined by the Oxford English Dictionary is “a state in which one is not observed or disturbed by other people”. The word not is the key message in that definition. As written by the 4th amendment, every U.S. citizen has the right to his or her own possessions and lifestyles unless there is enough probable cause for this right to be broken. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –Amendment IV of theU.S. Constitution “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances”- Amendment I of the U.S. Constitution As so declared by these basic rights of the American People, any action taken to seize material without probable cause and the prohibition of free speech, thought and religions can be declared unconstitutional by the Supreme Court if the wronged party pursues legal action. This law protects against all of a law abiding citizen’s possessions; cars, houses, bags, computers, thoughts and ideas; so why shouldn’t it protect the law abiding citizen’s internet activities? Beginning in 2007 and continuing up until the current year, many internationally acclaimed companies have partnered with the government under a program dubbed “Prism”. This project, under the command of the National Security Agency ... ... middle of paper ... ...buses Seen." CBSNews. CBS Interactive, 21 July 2003. Web. 08 Dec. 2013. . Pegg, David. "List25." Top 25 Most Popular Conspiracy Theories. List 25, 21 Feb. 2012. Web. 08 Dec. 2013. "What Is the Patriot Act?" WiseGEEK. N.p., n.d. Web. 08 Dec. 2013. . "What Is the USA Patriot Act." What Is the USA Patriot Web. Department of Justice, n.d. Web. 08 Dec. 2013. . "WRAL.com: Raleigh, Durham, Fayetteville." WRAL.com. WRAL News, 29 Apr. 2009. Web. 08 Dec. 2013. . . . theories/>.
against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (U.S. Constitution).
Is the American government trustworthy? Edward Joseph Snowden (2013) released to the United States press* selected information about the surveillance of ordinary citizens by the U.S.A.’s National Security Agency (N.S.A.), and its interconnection to phone and social media companies. The motion picture Citizenfour (2014), shows the original taping of those revelations. Snowden said that some people do nothing about this tracking because they have nothing to hide. He claims that this inverts the model of responsibility. He believes that everyone should encrypt Internet messages and abandon electronic media companies that track personal information and Internet behavior (op.cit, 2014). Snowden also stressed to Lawrence Lessig (2014) the importance of the press and the first amendment (Lessig – Snowden Interview Transcript, [16:28]). These dynamics illustrate Lessig’s (2006) constrain-enable pattern of powers that keep society in check (2006, Code: Version 2.0, p. 122). Consider Lessig’s (2006) question what is “the threat to liberty?” (2006, p. 120). Terrorism is a real threat (Weber, 2013). Surveillance by social media and websites, rather than the government, has the greater negative impact on its users.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for redress of grievances.
Edward Snowden is America’s most recent controversial figure. People can’t decide if he is their hero or traitor. Nevertheless, his leaks on the U.S. government surveillance program, PRISM, demand an explanation. Many American citizens have been enraged by the thought of the government tracing their telecommunication systems. According to factbrowser.com 54% of internet users would rather have more online privacy, even at the risk of security (Facts Tagged with Privacy). They say it is an infringement on their privacy rights of the constitution. However, some of them don’t mind; they believe it will help thwart the acts of terrorists. Both sides make a good point, but the inevitable future is one where the government is adapting as technology is changing. In order for us to continue living in the new digital decade, we must accept the government’s ability to surveil us.
The origin of the 4th amendment dates all the way back to Pre-Revolutionary America, where Britain, in order to cut down on the amount of smuggling to and from the colonies, issued an order known as the writs of assistance which entailed that specially appointed warrants had the right to search homes and boats of colonists and if found, seize prohibite...
The Fourth Amendment provides protection against unlawful warrants, searches and/or seizures with insufficient evidence, and what will constitute the terms of a warrant. The Fourth Amendment is based on three main principles. The first principle is that the authorities must have sufficient evidence as to why they believe the desired piece of evidence would be located in the area. For example, if the authorities were in search of a murder weapon they must have sufficient forensic evidence that would provide enough support that the weapon would be located at the specific spot. The second principle is that when searching an individual’s private home the reason should be focused on evidence to support the search. For instance, if the cops were to search the home of an individual accused of a crime any types of writings or plans that may be present in the home may be confiscated if they are deemed necessary in support of the search. The final principle is that a blanket warrant must not be used as a method of bypassing the first two principles. For example, if the authorities could not solve what kind of weapon was used or where the evidence would be located they cannot have a warrant that covers any possible scenarios in a broad range. The original notion of the Fourth Amendment was to enforce the belief that “each man’s home is his castle”
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –U.S. Constitutional Amendments
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (First Amendment Center, 2008)
Since the founding of the United States, our outlook on the way it treats its citizens has not changed very tremendously. Apart from the abolishment of slavery, and various other corrupt practices which were fixed, well for the most part. The concept of birthrights and unalienable rights is not very farfetched, yet our government continuously attempts to impede these rights in an attempt that should not be tested. The right to privacy is a very serious concern and could be taken more heavily especially if it involves the safety of an individual or that of a nation, is no big difference, but the government should not go to the point of impeding our rights or freedoms to acquire these measures.
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,or of the press: or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of peaceably to assemble, and to petition the government for the redress of grievances” (United States Constitution).
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. (First Amendment, Bill of Rights)