Persuasive Essay On Right To Privacy

1527 Words 6 Pages
The right to privacy is a complex issue due to its lack of definition in the Constitution. There is no direct Amendment that spells out what privacy is to be expected. The most important case for setting the standards of privacy Griswold v. Connecticut explored this problem. In this case Justice Douglass listed the origins of the right to privacy from coming from the First, Third, Fourth, Fifth and Ninth Amendments and the due process clause of the Fourteenth Amendment. Justice Douglass stated “ The Ninth Amendment obviously does not create federally enforced rights … but a catalogue of these customary, traditional, and time honored rights, amenities, privileges and immunities… Many of them in my view come within the meaning of the term ‘liberty’ …show more content…
v. Casey where he said “Our obligation is to define the liberty of all, not to mandate our own moral code.” (1387) Justice O’Connor claimed that the Equal Protection Clause of the Fourteenth Amendment did not provide grounds for moral disapproval being the grounds for a reason for discrimination. This concept is one of the more important aspects of privacy. What we do in private is meant to be private and not judged by society or penalized by the government. The role of the Bill of Rights is to protect the rights of individuals against the power of the government. When the government tries to infringe on the privacy of the individual siting the moral argument the court should not be the moral judge of what is …show more content…
Search and seizure law in the Fourth Amendment and Fifth Amendment protections over self-incrimination that we have discussed in the previous modules have also been used to shield illegal activities due to privacy concerns. Mapp v. Ohio and Katz v. United States created protections over how evidence could be gathered in regards to privacy. Our personal property in homes and conversations on phones was ruled as being protected. Privacy is a shield that can be used to defend illegal and dangerous behavior. In both of these cases the individuals involved had violated the law. The main defense of these individuals was that the government had violated the Constitution to prosecute

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