In the dictionary, the term “privacy’ is defined as “the state or condition of being free from being observed or disturbed by other people”. However, In a legal context the definition continues to be an object of debate. A universal definition is difficult to come by when taking into account the dynamics of public safety, national security, and economic well being of the country. In order to practically adhere to these dynamics, it seems there must be certain laws in which privacy breaches must be permitted.
This is an important reason why the law does not adequately address the Issue of privacy.
This raises the question, when can the government over step our fundamental right to privacy, if at all? While the word “privacy” is not mentioned in the Constitution, Supreme Court rulings have established that the concept is present in several of the amendments. It is clear In the Fourth Amendment that our right to privacy Is protected. Because It stops the police and other government agents from searching us, or our property without “probable cause”.
The well-known Roe v. Wade case generally identifies the Ninth ND Fourteenth as a privacy right In which a woman has the right to terminate her own pregnancy.
In the Griswold v. Connecticut case the Supreme Court ruled that a state’s ban on the use of contraceptives violated the right to marital privacy. The Lawrence v. Texas case reversed charges against homosexual Intercourse as Illegal sodomy’s under the Fourteenth Amendment, due to their right to privacy. The essence of these specified Amendments ensures a general and fundamental right to privacy even with the word Itself not being present. While Privacy Is a fundamental human right, It would be senseless to assume that ones privacy should still be observed if their actions are detrimental to society.
This is once again where the difficulty lies In adequately defining privacy and determining when interference from government Is necessary. While certain laws observe our Constitutional right to privacy, our privacy can be infringed upon in everyday life. There are numerous factors that must be taken into consideration when discussing toy 2 supposed inappropriate glance at a person. Our sensitivity as a nation has increased o much that mere annoyances with no significant consequences are violations to this fundamental right.
When it comes to potential terrorist threats at an airport, it seems that infringing upon ones privacy would be necessary in order to ensure the safety of hundreds if not thousands of lives. Perhaps in order to protect our fundamental right to privacy, we must be open to increased surveillance and accessibility to certain personal information, however depending on how we define privacy, this may not be possible. To those who define privacy as simply the complete absence of surveillance and complete separation of government interference, then En will be hindering ourselves from coming closer to a more universal definition.
CONCLUSION Though a universally accepted definition of privacy is difficult to come by, we must adhere to the U. S Constitution and allow it to be one of our primary guides in determining a more concrete definition and analysis of privacy. Also, we must be Milling to adhere to certain changes in what we may perceive as violations to our fundamental right to privacy, such as increased government surveillance and more access to personal and physical information.
Cite this Constitutional right to privacy
Constitutional right to privacy. (2018, Feb 21). Retrieved from https://graduateway.com/constitutional-right-to-privacy/