2. LAW RIGHT TO PRIVACY NOTES

3. 1. Def: Right protecting citizens from unreasonable interference by government 2. No right to privacy in the Constitution a. Based on Zones of Privacy derived from 1 st, 3 rd, 4 th, 5 th, and 9 th Amendments b. Debate: Are zones of privacy actually granted in Constitution?

4. 3. Restriction: Gov’t can regulate certain acts, even if they interfere with right to privacy, when there is an important gov’t interest a. Essentially right of individual vs. interest of gov’t interest of gov’t b. Ex: In a NJ case, court ruled that neighbors should be notified when a sex offender moves into the neighborhood.

5. The Primary Zones of Privacy a.Home i. Constitutional question: Are actions in the privacy of one’s home protected by the Constitution? ii. USSC says based on community standards and possibility of harm

6. b. School i. Constitutional question: Do students have a right to privacy within the school? 1. SC says limited privacy — lockers can be searched, students can be searched without warning 2. Student records are accessible to students and parents only 3. Schools can provide records to juvenile justice authorities if:

7. a. state law authorizes disclosure b. disclosure is to a state or local juvenile justice agency c. disclosure will aid agency in providing student services d. agency agrees in writing to not disclose info to a third party

8. c. Electronic Communications i. Constitutional question: Do people have a right to privacy when they send information over the internet? ii. USSC says email can not be read by third party or by government unless by routine maintenance or court order

9. iii. Employers may monitor the email of their employees iv. Current controversy: What level of protection of our right to privacy can we expect/demand on the Internet?

10. d. Banks/Financial Records i. Constitutional question: Are an individual’s bank records included within a zone of privacy? ii. Banks keep records of all checks deposited—not protected by right to privacy iii. Customers must receive notice when their info is sent to another institution –Exceptions: federal gov’t, private investigators, creditors

11. e. Other Personal Records i. Constitutional question: Are an individual’s personal records covered within a zone of privacy? ii. Privacy Act of 1974 1. Def: Act that prevents gov’t from releasing information about an individual without written consent and allows individuals to view own records and make corrections

12. 2. Limits FOIA covers medical, criminal, and employment records (special exception files!)

13. f. Reproductive Rights Issues i. Constitutional Question: To what extent do reproductive issues fall into a zone of privacy? To what extent are they a matter of public concern?

14. ii. Birth Control 1. Birth control was approved by FDA in 1960 2. SC says access to/use of birth control is a private manner and therefore can not be regulated by gov’t 3. Current controversy: 1) Should schools be allowed to distribute condoms to students? 2) Should a gov’t be allowed to require abstinence only education in the public schools?

15. iii. Abortion 1. Legal until late 1870s when almost all states had laws banning abortion 2. SC says abortion is a private issue dependant on the trimester (1973: Roe v. Wade case)

16. a. 1st trimester: right to an abortion without state interference

17. b. 2nd trimester: abortion could be regulated by state for safety reasons, but could not be prohibited

18. 3. 3rd trimester: states could regulate / prohibit all abortions 4. Roe v. Wade is not a static precedent a. Current court has granted increased regulatory power to states

19. 5. Current controversies a. Husband’s rights in abortion b. Abortion rights of minors

20. c. Late-term abortions in cases of rape or danger to mother’s physical or mental health d. Abortion counseling at federally funded clinics e. Definition of life