Is there a right to privacy in the U.S. Constitution?
If so, where?
Back when they wrote the Constitution, the framers didn’t have an issue with Privacy like we have today. That’s why we have all of the laws today around privacy rights.
Maybe it’s time to add to our Constitution the right to privacy and reconcile all of the laws.
Or is it as Steve Jobs said it, “Privacy is dead. Get over it.”?
Of course the “right to privacy” is not in the Constitution, but it was a central point made by Louis Brandeis in a famous court case, in which he said that people have the right to be left alone (sorry I cannot remember more details).
The Ninth Amendment is frequently cited as the basis for privacy rights — interpreted as: any right not specifically delegated to the federal govt or states is retained by the people, and the enumeration of some individual rights is not intended to imply that enumerated rights are the sole rights retained by the people.
Is there a right to privacy in the U.S. Constitution?
If so, where?
Back when they wrote the Constitution, the framers didn’t have an issue with Privacy like we have today.
As Alexander Hamilton, blogging anonymously as “Publius” wrote:
I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted.
His quote illustrates the reason that “that right isn’t in the Constitution” is a suboptimal argument, and the fact that like my good friend Mordaxus, Hamilton blogged under a pseudonym, illustrates the fact that technology hasn’t changed social networking all that much in the last couple of centuries.
Vox Libertas
Is there a right to privacy in the U.S. Constitution?
If so, where?
Back when they wrote the Constitution, the framers didn’t have an issue with Privacy like we have today. That’s why we have all of the laws today around privacy rights.
Maybe it’s time to add to our Constitution the right to privacy and reconcile all of the laws.
Or is it as Steve Jobs said it, “Privacy is dead. Get over it.”?
Of course the “right to privacy” is not in the Constitution, but it was a central point made by Louis Brandeis in a famous court case, in which he said that people have the right to be left alone (sorry I cannot remember more details).
Ron,
Privacy is in amendments 3 and 4, both of which concern government intrusion into private space.
And, umm, that was McNealy, not Jobs.
The Ninth Amendment is frequently cited as the basis for privacy rights — interpreted as: any right not specifically delegated to the federal govt or states is retained by the people, and the enumeration of some individual rights is not intended to imply that enumerated rights are the sole rights retained by the people.
Re:
As Alexander Hamilton, blogging anonymously as “Publius” wrote:
His quote illustrates the reason that “that right isn’t in the Constitution” is a suboptimal argument, and the fact that like my good friend Mordaxus, Hamilton blogged under a pseudonym, illustrates the fact that technology hasn’t changed social networking all that much in the last couple of centuries.
Vox Libertas