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Short note on right to privacy
Short note on right to privacy
Privacy a fundamental right essay
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Griswold vs. Connecticut came before the Court in March of 1965 and was decided in June of 1965. This case involved a Connecticut “Comstock Law” and was about a right to privacy. Griswold, Executive Director of the Planned Parenthood League of Connecticut, and Dr. Buxton, a physician, were charged with giving information, medical advice, and instruction to married persons on how to prevent conception. This violated the Comstock law that prohibited any persons from using “any drug, medicinal article, or instrument for the purpose of preventing conception”. The Supreme Court invalidated the law on the grounds that violated the “right to marital privacy”. Though the Bill of Rights does not plainly mention “privacy” and Justice Douglas wrote the
right was to be found in penumbras and emanations of other protections and rights. Justice Goldberg wrote a concurring opinion using the Ninth amendment in support of the ruling. Then, Justice Harlan wrote another concurring opinion using the due process clause of the Fourteenth Amendment. In the end, contraceptives were allowed. This affects the governing of the United States by giving more freedom to couples. It wasn’t until later that contraceptives were allowed to be used with unmarried couples. This affects me in the sense that now, adults can choose to have children or not. There also aren’t a bunch of teenagers running around with babies or young adults having children before they are ready. This is better for kids because their parents can decide, “Okay, I’m ready to have kids and am able to support them financially, emotionally, physically, and mentally.”
Adair v. U.S. and Coppage v. Kansas became two defining cases in the Lochner era, a period defined after the Supreme Court’s decision in Lochner v New York, where the court adopted a broad understanding of the due process clause of the Fifth and Fourteenth Amendment. In these cases the court used the substantive due process principle to determine whether a state statute or state’s policing power violated an individual’s freedom of contract. To gain a better understanding of the court’s reasoning it is essential to understand what they disregarded and how the rulings relate to the rulings in Plessy v. Ferguson, Lochner v. New York and Muller v. Oregon.
A controversial modern U.S. Supreme Court decision is the McCullen v. Coakley case. An initial ruling for this case in Massachusetts, “…has made it a crime for speakers to ‘enter or remain on a public way or sidewalk’ within 35 feet of an entrance, exit, or driveway of ‘a reproductive health care facility.’ The law applies only at abortion clinics…In effect, the law restricts the speech of only those who wish to use public areas near abortion clinics to speak about abortion from a different point of view” (American Bar Association). This decision in the case has called for it to be heard again by the U.S. Supreme court as it is now a question of (1) if it is a violation of the First and Fourteenth Amendment, and (2) if a past decision in Hill v. Colorado permits this law and whether or not it should be overruled (American Bar Association).
Griswold v. Connecticut was a court case that set the precedent for the right to privacy in 1965. It was ruled in a 7-2 vote that the Constitution does not mention the right to privacy, yet a few Amendments put together conclude that there is a right to privacy in marital relations. This case was important in selective interpretation, giving the right to privacy in many instances (Oyez,
A unanimous Supreme Court decision overturned the Lovings convictions on June 12, 1967. The Supreme Court ruled that Virginia’s anti-miscegenation statute violated the Fourteenth Amendment, specifically the Due Process Clause and the Equal Protection Clause. Chief Justice Warren’s opinion stated that the Constitution provide citizens “the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.”
Although marital privacy (and later personal privacy when Eisenstadt v. Baird, 1972, extended the rights to unmarried persons ), was at the heart of this ruling, there are many other compelling arguments in ruling this law unconstitutional. To examine these other points, including; freedom of speech/ press, right of association, privacy of the person, due process of law and the violation in restricting education, we must first have an basic understanding of the case itself.
The Supreme Court case, Planned Parenthood of PA v. Casey, wasn’t known for what it did, but mainly for what it did not do, which was not overruling Roe v. Wade, but reaffirming a woman’s right to an abortion; it questioned a state’s right to impose or place an “undue burden” on women. Planned Parenthood of PA v. Casey was argued on April 22, 1992 and the official decision was reached on June 29, 1992. The case dealt with a couple of “hot topics” including privacy and abortion. At the time, Pennsylvania had made a new abortion control law in 1988 and it was finalized in 1989. This law requires all women to get informed consent and wait twenty-four hours before they are allowed to get an abortion.
In 1971, Norma McCorvey or Jane Roe, filled a case against the district attorney of Dallas County, Henry Wade, because he enforced a Texas law that prohibited abortion unless the abortion was needed medically, to save the mother’s life. Being a single, pregnant woman , Roe did not have the choice to have an abortion because the pregnancy was not endangering her life. Plus, Roe could not afford to travel to have the operation done safely. As a result, Linda Coffee and Sarah Weddington, two lawyers that graduated from the University of Texas Law School, claimed a lawsuit against the abortion laws in Texas because they violated Roe’s constitutional rights. Besides Roe’s two laywers, Hallford, a licensed physician, and a childless married couple known as the Does supported Roe’s case. The lawsuit against Wade was filed in a Texas Federal Court. The Texas Federal Court heard the case on December 13th, 1971 and again, on October 11th, 1972. After the examination of Weddington and Coffee’s argument against Jay Floyd’s, the lawyer for Wade during the first argument, and Robert C. Flower’s, the lawyer for Texas in the second argument, the court ruled in Roe’s favor by claiming that the law did violate the Constitution. Consequently, Wade appealed to the U.S. Supreme Court.
In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in privacy. The case attracted much of the public attention and quite a large number of briefs were filed in the cases.
The Roe v. Wade case originated in the state of Texas in 1970 at the suggestion of Sarah Weddington an Austin attorney. Norma McCorvey otherwise known as "Jane Roe" was an unmarried pregnant woman seeking to overturn the anti-abortion law in the state of Texas. The lawsuit claimed that the statue was unconstitutionally vague and abridged privacy rights of pregnant women guaranteed by the first, fourth, fifth, ninth, and fourteenth amendments to the constitution. (http://en.wikipedia.org/wiki/Roe_v._Wade)
The case that I decided to write about is one of the most controversial cases that have ever happened in the United States. The Roe v. Wade (1973) case decided that a woman with her doctor could choose to have an abortion during the early months of that pregnancy. However, if the woman chose to wait until the later months of the pregnancy then they would have certain restrictions based on their right to privacy. This case invalidated all state laws which limited women’s access to abortions during their first trimester of their pregnancy which was based on the Ninth Amendment of the Constitution. The Amendment states that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (Cornell University Law School, 2013).
For some background, this case escalated to the Supreme Court since several groups of same-sex couples from different states, sued state agencies when their marriage was refused to be recognized. As it escalated through appeals, the plaintiffs argued that the states were violating the Equal Protection clause and the Due Process Clause of the Fourteenth Amendment. Equal Protection, according to the Constitution refers to the fact that, “any State [shall not] deprive any person of life, liberty, or property, without due process of law…” (23). The opposition of this case was that, 1) The Constitution does not address same-sex marriage as a policy, and 2) The sovereignty of states regarding the decision. Ultimately, and according to the Oyez project, the Court held that “[the Amendment] guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same-sex couples,” and therefore, same-sex marriage is a fundamental liberty.
There are numerous amounts of lives protected and saved each day, but the topic of birth control has and still remains an arguable topic. The United States Supreme Court (SCOTUS) has dealt with several cases dealing with the topic of birth control. In particular, one SCOTUS case, Griswold v. Connecticut of 1964, repealed an outdated, anti-birth control law while recognizing the basic constitutional right to privacy. The Griswold v Connecticut case brought major changes to women and American society.
"The Constitutionality of the Defense of Marriage Act in the Wake of Romer v. Evans ." New
The right to freedom of speech in public areas was not something that was tested often in the early 20th century as cases such as, Davis v. Massachusetts (1897) would state. This case set the groundwork for how far the law has changed when it comes to freedom of speech in the First Amendment. It presented the question of what regulations of time, place, and manner of expression may the government enforce without violating the First Amendment? The case essentially was a stepping-stone for improvement, as further cases will show. Davis v. Massachusetts was ruled in favor of the state because “cities had title to the streets and parks, said the court, they could exercise absolute control over their use” (p. 281). Davis, who was arrested, was also
In Griswold v. Connecticut (1965) the United States Supreme Court affirmed that the First, Fourth, Fifth, Ninth, and Fourteenth Amendments, and the liberty interest in the Constitution—protected the privacy of married couples. As a result, the Court struck down the Connecticut birth control ban, and forbade the government from making laws that interfere with the contraceptive practices of married couples. More importantly, the Supreme Court’s decision asserted that the Bill of Rights gave Americans and implied right to privacy. Although the Griswold v. Connecticut decision has protected Americans from unreasonable government intrusion, the Court’s decision depended on unlike adjudged cases that dealt with the personal decisions of parents regarding