The Right to Privacy. No where in the Constitution are the words “right to privacy”

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Presentation transcript:

The Right to Privacy

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}

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”

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” –1 st, 3 rd, 4 th, 5 th, and 9 th amendments

The Right to Privacy creates conflicts with the interests of our government

 Info to solve crimes

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)

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

Privacy in the Home

 Constitution supports that people have reasonable expectation of privacy in their own home (warrants)

Privacy at School  Generally, rights to privacy are limited at school

Privacy at School  Generally, rights to privacy are limited at school –Lockers belong to the school, can be searched

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

Privacy at School  Family Educational Rights and Privacy Act of 1974

Privacy at School  Family Educational Rights and Privacy Act of 1974 –Gives rights to parents to view the records of their child

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

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

Information Gathering and Privacy  Computers have allowed for the easy collection and storage of info

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

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