Sources of Privacy Rights First, right to privacy based on Constitutional Amendments Second, right to privacy falling under “liberty” of 14 th Amendment Third, state and federal statutes or state courts may recognize certain privacy rights

Boyd v. US, 1886  First suggestion by the Supreme Court of the Right to Privacy  4 th Amendment prohibition against unreasonable search and seizure did not just apply to invasions of someone’s home– held that they applied  “to all invasions on the part of a man’s home and the privacies of life. It is not the breaking of his doors, and the rummaging of his drawers, that constitute the essence of the offense, but it is the invasion of his indefeasible right of personal security, personal liberty, and private property.”

Katz v. US, 1967 & Terry v. Ohio, 1968  Supreme Court held 4 th Amendment applies to any government search or seizure that interferes with a persons “reasonable expectations of privacy”

NAACP v. Alabama – Supreme Court acknowledged aspects of Privacy in 1 st Amendment

Right to Privacy Right to privacy based on the due process clause of the 14 th Amendment

What is liberty? The Due Process clause of the Fourteenth Amendment states “Nor shall any State deprive any person of life, liberty or property without due process of law”

Right to Privacy = Right to Personal Autonomy Generally the Court has treated most of the interest relating to child rearing, procreation, marriage and medical treatment as falling within the broad category of the “right to privacy”.

Meyer v. Nebraska, 1923 In Meyer, SC held the term “liberty” as used in Fourteenth Amendment included right of students to acquire knowledge

Pierce v. Society Sisters, 1925 In Pierce, decision rested on the “liberty of parents and guardians to direct the upbringing and education of children under their control”

Skinner v. Oklahoma, 1942  Oklahoma law stated that a person convicted two or more times for “felonies involving moral turpitude” would be sterilized  Supreme Court overturned the law:  “ We are dealing here with legislation which involves one of the basic civil rights of man. Marriage and procreation are fundamental to the very existence and survival of the race. The power to sterilize if exercised may have subtle, far-reaching and devastating effects... His is forever deprived of a basic liberty.”

Griswold v. Connecticut Right to Privacy found in 1 st, 3 rd, 4 th, 5 th and 9 th Amendments and applied to states under 14th

Eisenstadt v. Baird, 1972 Supreme Court overturned a Massachusetts law forbidding the use of contraceptives by unmarried individualsSupreme Court overturned a Massachusetts law forbidding the use of contraceptives by unmarried individuals

History of Abortion Rights in the United States Until mid 1800sUntil mid 1800s  Most states permitted abortions – except after quickening – but even then it was just a minor offense After the Civil War – by 1910After the Civil War – by 1910  Every state – except Kentucky – had made abortion a felony (persistent campaigning of anti-abortionists) By late 1960sBy late 1960s  14 states had changed laws to permit abortion when the woman’s health was in danger, where there was a likelihood of fetal abnormality, and when the woman was a victim of rape or incest  Alaska, Hawaii, New York and Washington – actually repealed all criminal penalties for abortions performed early in the pregnancy

United States v. Viutch, 1971  Supreme Court upheld a District of Columbia law allowing abortions not only to save a woman’s life, but also to maintain her physical well being  The Court did not rule on whether a woman’s right to privacy included her decision to terminate an unwanted pregnancy

Roe v. Wade, 1973  Renquist Court –right to privacy applied to areas involving reproductive freedom

Right to Privacy The last source of privacy rights includes state and federal statutes provided for a right to privacy or state court recognition of privacy rights

 1890 – 1941 – State Courts in 12 States recognized a right to privacy  By 1956 – The number increased to 18  Be 1960 – More than 36 States recognized the right to privacy