Right to Privacy

Right to Privacy

Problem Abortion was illegal. Illegal abortion clinics (unsanitary, poorly trained staff) Sexual revolution of 1960s States began to legalize some abortions. Even the AMA called for legalization by 1967. Much opposition (Catholic Church, etc.)

Right to Privacy Is there such a thing? An extension of 4th Amendment protection from unreasonable searches and seizures.

Right to Privacy Right to Privacy 1st stated in Griswold v. Connecticut (1965) A Connecticut law forbade the dissemination of contraceptives. (Last state in U.S. to legalize contraceptives.) • Mrs. Griswold challenged the law. • Supreme Court said a woman has a right to privacy in the relationship between her and her doctor.

Right to Privacy The most important application of this right is in the area of abortion. ROE v. WADE (1973) Controversial then and now!!!

Roe v. Wade (1973) Texas law before Roe v. Wade allowed abortion only to save the life of the mother. Jane Roe (= Norma McCorvey) challenged the law as unconstitutional and a violation of her right to privacy. Texas argued that it had the power to regulate moral behavior.

Roe v. Wade (1973) Norma McCorvey was Jane Doe’s real name. About 20 years after the case, she came forward and identified herself.

Roe v. Wade (1973) The Supreme Court adopted the medical view of pregnancy (3 trimesters). 1st Trimester – No limits allowed on abortions. 2nd Trimester – Regulation allowed, but only to protect the mother’s health (not the fetus). 3rd Trimester – Abortions may be banned except when the mother’s life or health is in danger.

Roe v. Wade (1973) Since 1973, the Court has gradually allowed more restrictions: • Some states won’t allow state funds to be used. • Waiting periods. • Required counseling. • Parental notice, for minors. • Current controversy = partial birth abortions

Roe v. Wade (1973) The controversy continues!!!

Right to Privacy

Right to Privacy

Presentation Transcript

Right 2 Privacy

INDIVIDUAL RIGHTS Right to a Notice of Privacy Practices

RIGHT TO PRIVACY

Privacy and the Employer’s Right to Know

The Family Educational Right to Privacy Act FERPA

Monitoring Queenslanders right to information and privacy

Does the Constitution Guarantee a Right to Privacy

Ethics: The right to privacy

Personal Liberty : The Right to Privacy

Privacy Patient Right to Accounting of Disclosures

Right to Privacy

Right to Privacy

Right to Privacy?

Right of Privacy

Finding the Right Workplace Privacy Balance

Privacy Patient Right to Object to Disclosures (“Opt Out”)

Right to Privacy

The Right to Privacy vs. National Security

Right of Privacy

The Right to Privacy a New Common Law Right

Privacy and the Right to Know

The Right to Privacy