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Posted: November 9th, 2022
Right to Privacy
Right to Privacy
The supreme court uses several amendments to define the Right to Privacy. The right to privacy allows a person to choose whether to engage in certain acts and experiences. The amendments used by the supreme in determining the right to personal autonomy include the First Amendment, the Third Amendment, the Fourth Amendment, the Fifth, and the Ninth amendments.
The First Amendment is used by the court to protect the privacy of beliefs and speech. The Third Amendment in the supreme court is implemented when protecting the home’s privacy against the use of the home to house soldiers. The Supreme Court applied the Fourth Amendment, which protects the privacy of a person against unreasonable searches. Protection against self-incrimination, which applies to protect personal information privacy, is on the Fifth Amendment. The Ninth Amendment involves the enumeration in the constitution of certain rights, which should not be construed to deny other rights retained by the people. The Ninth Amendment application comes as a protection of privacy in ways that are not provided for the first eight amendments.
The Supreme Court, in two justice opinions, used the Fourteenth Amendment, which the liberty clause to prohibit states from interfering with a private decision by educators and parents in shaping the education of children. In Meyer V Nebraska’s case, the Supreme Court struck down a state law that was intended to prohibit the teaching of German and other foreign languages to students until the ninth grade. The court justice opinion argued that the state had failed to show a compelling need to infringe upon parents’ and teachers’ rights in deciding what course of education is best for the young students.
References
Linder, D. O. (n.d.). The right of privacy: Is it protected by the Constitution? Retieved from https://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html
Richardson, M. (2017). The Right to Privacy: Origins and Influence of a Nineteenth-century Idea (Vol. 40). Cambridge University Press.
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