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The '''Right to Privacy''' is a [[United States Constitution|Constitutional]] [[unalienable right]] in the [[United States]] that prevents [[federal]] and [[state government]] officials from violating rights possessed by individuals.  The growth of the [[Internet]] and of very large databases containing detailed personal information has made [[privacy]] a major issue in the information age.

The so-called '''right to privacy''' is usually used as a euphemism for [[abortion]], and even taxpayer-funded abortion, and has little to do with real [[rights of privacy]] as protected by the [[Fourth Amendment]]. Real rights of privacy are [[United States Constitution|Constitutional]] [[unalienable right]]s in the [[United States]] that prevents [[federal]] and [[state government]] officials from violating rights possessed by individuals.  The growth of the [[Internet]] and of very large databases containing detailed personal information has made [[privacy]] a major issue in the information age.

==Brandeis==

==Brandeis==

==Tort law==

==Tort law==

In [[tort]] law privacy relates to 1) intrusion on a person's solitude; 2) public disclosure of private facts about a person; 3) publicity that places a person in a false light; and 4) taking a person's name or likeness for the advantage of someone else (as in an advertisement).

In [[tort]] law privacy relates to  

#intrusion on a person's solitude

#public disclosure of private facts about a person

#publicity that places a person in a false light

#taking a person's name or likeness for the advantage of someone else (as in an advertisement)

==Griswold==

==Griswold==

Until 1965, some U.S. states [[criminal]]ized the distribution of [[contraceptive]]s. In 1965 the Supreme Court in [[Griswold v. Connecticut]], ruled the laws [[unconstitutional]] because they violated the right of privacy. [[John Roberts]] upheld "Griswold" at his 2005 confirmation hearings to be [[Chief Justice]], and indicated the issue was closed.<ref> See [http://privacy-law.blogspot.com/2005/09/john-roberts-right-to-privacy-part-5.html quotations]</ref>  

Until 1965, some U.S. states [[criminal]]ized the distribution of [[contraceptive]]s. In 1965 the Supreme Court in [[Griswold v. Connecticut]], ruled the laws [[unconstitutional]] because they violated the right of privacy. [[John Roberts]] upheld "Griswold" at his 2005 confirmation hearings to be [[Chief Justice]], and indicated the issue was closed.<ref>See [http://privacy-law.blogspot.com/2005/09/john-roberts-right-to-privacy-part-5.html quotations]</ref>  

:asked, "Do you agree that there is a right of privacy to be found in the [[liberty]] clause of the [[Fourteenth Amendment]]?" Roberts responded:

:asked, "Do you agree that there is a right of privacy to be found in the [[liberty]] clause of the [[Fourteenth Amendment]]?" Roberts responded:

::"I do, Senator. I think that the court's expressions, and I think if my reading of the precedent is correct, I think every justice on the court believes that, to some extent or another. Liberty is not limited to [[freedom]] from physical restraint. It does cover areas, as you said, such as privacy. And it's not protected only in procedural terms but it is protected substantively as well."  

::"I do, Senator. I think that the court's expressions, and I think if my reading of the precedent is correct, I think every justice on the court believes that, to some extent or another. Liberty is not limited to [[freedom]] from physical restraint. It does cover areas, as you said, such as privacy. And it's not protected only in procedural terms but it is protected substantively as well."  

==Broad protection==

==Broad protection==

In his confirmation testimony, Roberts summarized the right of privacy. Asked "Do you believe today that the right to privacy does exist in the [[United States Constitution|constitution]]?", Roberts answered:<ref> See [http://privacy-law.blogspot.com/2005/09/john-roberts-right-to-privacy-part-5.html quotations]</ref>

In his confirmation testimony, Roberts summarized the right of privacy. Asked "Do you believe today that the right to privacy does exist in the [[United States Constitution|constitution]]?", Roberts answered:<ref>See [http://privacy-law.blogspot.com/2005/09/john-roberts-right-to-privacy-part-5.html quotations]</ref>

   

   

:"[[Senator]], I do. The right to privacy is protected under the Constitution in various ways. It's protected by the [[Fourth Amendment]] which provides that the right of people to be secure in their persons, houses, effects and papers is protected. It's protected under the [[First Amendment]] dealing with prohibition on [[establishment clause|establishment]] of a religion and guarantee of [[free exercise clause|free exercise]]. It protects privacy in matters of [[conscience]]. It was protected by the [[Founding Fathers|framers]] in areas that were of particular concern to them. It may not seem so significant today: the [[Third Amendment]], protecting their homes against the quartering of troops. And in addition, the court has -- it was a series of decisions going back 80 years -- has recognized that personal privacy is a component of the liberty protected by the [[due process]] clause. The court has explained that the liberty protected is not limited to freedom from physical restraint and that it's protected not simply procedurally, but as a substantive matter as well. And those decisions have sketched out, over a period of 80 years, certain aspects of privacy that are protected as part of the liberty in the due process clause under the Constitution."

:"[[Senator]], I do. The right to privacy is protected under the Constitution in various ways. It's protected by the [[Fourth Amendment]] which provides that the right of people to be secure in their persons, houses, effects and papers is protected. It's protected under the [[First Amendment]] dealing with prohibition on [[establishment clause|establishment]] of a religion and guarantee of [[free exercise clause|free exercise]]. It protects privacy in matters of [[conscience]]. It was protected by the [[Founding Fathers|framers]] in areas that were of particular concern to them. It may not seem so significant today: the [[Third Amendment]], protecting their homes against the quartering of troops. And in addition, the court has -- it was a series of decisions going back 80 years -- has recognized that personal privacy is a component of the liberty protected by the [[due process]] clause. The court has explained that the liberty protected is not limited to freedom from physical restraint and that it's protected not simply procedurally, but as a substantive matter as well. And those decisions have sketched out, over a period of 80 years, certain aspects of privacy that are protected as part of the liberty in the due process clause under the Constitution."

==Posner==

==Posner==

Posner (1981), a leading [[conservative]], presents an influential [[economic]] interpretation of privacy. He deals with the release of true but embarrassing information about yourself. He argues there should be no property right in hiding discreditable information about yourself and likens hiding information to fraud.  Thus he supports publicity regarding the addresses of child molesters. On the other hand he agrees there is a [[private property|property]] right to privacy regarding ordinary (non-guilty) information. For example, society protects the privacy of not being seen naked.  Posner treats trade secrets owned by a corporation as a form of privacy,

Posner (1981), a leading [[conservative]], presents an influential [[economic]] interpretation of privacy. He deals with the release of true but embarrassing information about yourself. He argues there should be no property right in hiding discreditable information about yourself and likens hiding information to fraud.  Thus he supports publicity regarding the addresses of child molesters. On the other hand, he agrees there is a [[private property|property]] right to privacy regarding ordinary (non-guilty) information. For example, society protects the privacy of not being seen naked.  Posner treats trade secrets owned by a corporation as a form of privacy,

==Criticism==

==Criticism==

Conservative [[Robert Bork]] argued that ''Griswold'' did not derive the right to privacy from some pre-existing right or from [[natural law]], but merely created a new right to privacy with no foundation in the Constitution or [[Bill of Rights]].<ref> See Robert Bork, ''The Tempting of America: The Political Seduction of the Law'' (1990)</ref> Roberts reply is that the right is indeed grounded in the [[Fourteenth Amendment]].

Conservative [[Robert Bork]] argued that ''Griswold'' did not derive the right to privacy from some pre-existing right or from [[natural law]], but merely created a new right to privacy with no foundation in the Constitution or [[Bill of Rights]].<ref>See Robert Bork, ''The Tempting of America: The Political Seduction of the Law'' (1990)</ref> Roberts reply is that the right is indeed grounded in the [[Fourteenth Amendment]].

==See Also==

==Statutory Law==

* [[Tails (operating system)]] ([[Linux]]-based) and [[Tor (anonymity network)]]-[[I2P]] [[Firefox]] [[browser]] [[HTTPS Everywhere]] [[encryption]] for [[Internet]] [[anonymity]] to protect [[unalienable rights|unalienable]] [[Fifth Amendment]] - [[Fourth Amendment]] [[Internet privacy]] and [[Second Amendment]] - [[First Amendment]] rights against [[Internet censorship]] [[Big government]] [[Police state]], [[hackers]], and enemies of [[American values|American]] [[liberty]].

Various US statutory laws directly or incidentally affect privacy rights, notably the The Electronic Communications Privacy Act of 1986 (ECPA),<ref>https://it.ojp.gov/PrivacyLiberty/authorities/statutes/1285</ref> the Gramm–Leach–Bliley Act (GLBA),<ref>https://www.ftc.gov/tips-advice/business-center/privacy-and-security/gramm-leach-bliley-act</ref><ref name=glba_ltr>http://www.skoozeme.com/privacy/glba_letter.html</ref> also known as the Financial Services Modernization Act of 1999, The Fair Credit Reporting Act (FRCA),<ref>https://www.nolo.com/legal-encyclopedia/what-is-the-fair-credit-reporting-act.html</ref> and HIPAA (Health Insurance Portability and Accountability Act of 1996).<ref>https://searchhealthit.techtarget.com/definition/HIPAA</ref>

* [[Social media]]: [[Facebook]], [[Twitter]], [[Google]] Plus, [[Youtube]], [[Yahoo]]

 

 

* [[Tails (operating system)]] ([[Linux]]-based) and [[Tor (anonymity network)]]-[[I2P]] [[Firefox]] [[browser]]

* [[Big Government]]-[[Welfare State]]-[[Nanny State]]-[[Police State]]: [[Globalist]]-[[Statist]]-[[Socialist]]-[[Communist]]  

* [[Big Government]]-[[Welfare State]]-[[Nanny State]]-[[Police State]]: [[Globalist]]-[[Statist]]-[[Socialist]]-[[Communist]]  

* [[NSA]] and other global [[intelligence]] [[mass surveillance]]: [[PRISM]], [[XKeyscore]] and [[Tempora]]

* [[NSA]] and other global [[intelligence]] [[mass surveillance]]: [[PRISM]], [[XKeyscore]] and [[Tempora]]

'''versus:'''

'''versus:'''

* [[Unalienable rights]] of the [[Bill of Rights]]: [[First Amendment]], [[Fourth Amendment]], [[Fifth Amendment]]

* [[Unalienable rights]] of the [[Bill of Rights]]: [[First Amendment]], [[Fourth Amendment]], [[Fifth Amendment]]

* [[Common law privacy rights]]

* [[Common law privacy rights]]

* [[Electronic Communications Privacy Act]] of 1986  

* [[Electronic Communications Privacy Act]] of 1986  

==Further reading==

==Further reading==

* [[Boston T. Party]], [[One Nation, Under Surveillance]], [[Wyoming]]: [[American Redoubt]] [[Javelin Press]], (2009), [http://www.amazon.com/Nation-Under-Surveillance-Privacy-Watchful/dp/1888766115 [[Amazon.com]] excerpts]

* [[Boston T. Party]], [[One Nation, Under Surveillance]], [[Wyoming]]: [[American Redoubt]] [[Javelin Press]], (2009), [https://www.amazon.com/Nation-Under-Surveillance-Privacy-Watchful/dp/1888766115 [[Amazon.com]] excerpts]

* DeCew, Judith. "Privacy" ''Stanford Encyclopedia of Philosophy'' (2006) [http://plato.stanford.edu/entries/privacy/ online edition]

* DeCew, Judith. "Privacy" ''Stanford Encyclopedia of Philosophy'' (2006) [http://plato.stanford.edu/entries/privacy/ online edition]

* Johnson, John W. ''Griswold V. Connecticut: Birth Control And The Constitutional Right Of Privacy'' (2005) [http://www.amazon.com/Griswold-V-Connecticut-Constitutional-Landmark/dp/0700613781 excerpt and text search]

* Johnson, John W. ''Griswold V. Connecticut: Birth Control And The Constitutional Right Of Privacy'' (2005) [https://www.amazon.com/Griswold-V-Connecticut-Constitutional-Landmark/dp/0700613781 excerpt and text search]

* Posner, Richard ''The Economics of Justice'' (1981), part 3 pp 231-50 on privacy. [http://www.amazon.com/Economics-Justice-Honorable-Richard-Posner/dp/0674235266/ref=sr_1_1?ie=UTF8&s=books&qid=1250122931&sr=1-1 excerpt and text search]

* Posner, Richard ''The Economics of Justice'' (1981), part 3 pp 231–50 on privacy. [https://www.amazon.com/Economics-Justice-Honorable-Richard-Posner/dp/0674235266/ref=sr_1_1?ie=UTF8&s=books&qid=1250122931&sr=1-1 excerpt and text search]

* Scheppele, Kim Lane. ''Legal Secrets: Equality and Efficiency in the Common Law'' (1988)  

* Scheppele, Kim Lane. ''Legal Secrets: Equality and Efficiency in the Common Law'' (1988)  

* Smith, Janet E. ''The Right to Privacy'' (Bioethics & Culture) (2008), 105pp; introduction by [[Robert H. Bork]]; conservative analysis  

* Smith, Janet E. ''The Right to Privacy'' (Bioethics & Culture) (2008), 105pp; introduction by [[Robert H. Bork]]; conservative analysis  

* [http://epic.org/privacy/privacy_resources_faq.html Online Guide to Privacy Resources]

* [http://epic.org/privacy/privacy_resources_faq.html Online Guide to Privacy Resources]

[[Category:Privacy]]

 

 

[[Category:Law]]

[[Category:Pro Second Amendment]]

[[Category:Fourth Amendment]]

[[Category:Fourth Amendment]]

[[Category:Home Security]]

[[Category:Home Security]]

[[Category:Police State]]

[[Category:Police State]]