Changes

==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."

==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==

==See also==

* [[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]].

* [[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]].

* 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) [http://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. [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]

* 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