1. Right to Privacy: The Unwritten Right

2. Right to Privacy
Right to Privacy: Right protecting citizens from unreasonable interference by government

3. Right to Privacy
Questions
What does privacy mean to you? At home? At school? At work? On the phone? In other places?
How would you feel if someone listened in on your phone calls, opened your mail, inspected your locker, or looked at your medical or tax records without your permission?
In what other ways can privacy be invaded? How can the law protect the right to privacy?

4. No right to privacy in the Constitution
Based on Zones of Privacy derived from 1st, 3rd, 4th, 5th and 9th amendments
What is listed under the 1st, 3rd, 4th, 5th and 9th Amendment?

5. 1st, 3rd, 4th, 5th and 9th Amendments
1st – freedom of speech, religion, press, assembly, petition
3rd - prohibits the gov’t from forcing citizens to house soldiers
4th – gov’t must have a warrant to search & seizure citizens property
5th - cannot testify against yourself (“I plead the fifth amendment”), cannot be tried twice for the same crime (double jeopardy), accused have right of due process (equal treatment of the law).
9th - people have rights not listed in the Constitution

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

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

8. The Primary Zones of Privacy
School
Constitutional question: Do students have a right to privacy within the school?
SC says limited privacy—lockers can be searched, students can be searched without warning
Student records are accessible to students and parents only
schools can provide records to juvenile justice authorities if:
state law authorizes disclosure
disclosure is to a state or local juvenile justice agency
disclosure will aid agency in providing student services
agency agrees in writing to not disclose info to a third party

9. The Primary Zones of Privacy
Electronic Communications
Constitutional question: Do people have a right to privacy when they send information over the internet?
SC says can not be read by third party or by government unless by routine maintenance or court order
Employers may monitor the of their employees
Current controversy: What level of protection of our right to privacy can we expect/demand on the Internet?
(The Internet and Our Right to Privacy)
(Social Media Privacy)

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

11. The Primary Zones of Privacy
Other Personal Records
Constitutional question: Are an individual’s personal records covered within a zone of privacy?
Privacy Act of 1974
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
limits FOIA (Freedom of Information Act)
covers medical, criminal, and employment records (special exception files!)

12. Reproductive Rights Issues
Constitutional Question: To what extent to reproductive issues fall into a zone of privacy? To what extent are they a matter of public concern?
Birth Control
Birth control was approved by FDA (Food & Drug Administration) in 1960
SC says access to/use of birth control is a private manner and therefore can not be regulated by gov’t
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?

13. Reproductive Rights Issues
Abortion
Legal until late 1870s when almost all states had laws banning abortion
SC says abortion is a private issue dependant on the trimester (1973: Roe v. Wade)
1st trimester (1-3 months): right to an abortion without state interference
2nd trimester (3-6 months): abortion could be regulated by state for safety reasons, but could not be prohibited
3rd trimester (6-9 months): states could regulate/prohibit all abortions
Current controversies
Husband’s rights in abortion
Abortion rights of minors
Late-term abortions in cases of rape or danger to mother’s physical or mental health
Abortion counseling at federally funded clinics
Definition of life

14. Roe v. Wade in PBS' The Supreme Court

15. Exist Questions: Right to Privacy
Why do you think abortion is so controversial?
Should abortion be allowed on demand, totally banned, and/or have limits? Explain.
Would you allow later term abortions in any circumstances? Explain
What are the advantages and disadvantages of state laws that require minors to obtain consent from a parent before an abortion can take place?
Assume that a private organization wants to distribute condoms at a high school and that the school board passes a rule prohibiting condom distribution. Would such a rule violate the privacy rights of high school students?
What are the arguments for and against this rule?
Are there any circumstances in which you think the government should be able to sterilize either males or females, totally taking away their reproductive rights? Explain your answer.