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You are here : AllRefer.com > Reference > Encyclopedia > Legal Terms And Concepts > privacy, right of
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privacy, right of, Legal Terms And Concepts

Related Category: Legal Terms And Concepts

privacy, right of, the right to be left alone without unwarranted intrusion by government, media, or other institutions or individuals. It was not until the U.S Supreme Court decision in Griswold v. Connecticut (1965), which voided a state statute preventing the use of contraceptives, that the modern doctrine of privacy emerged. In his opinion, Justice William O. Douglas argued that a protection from state intrusion into marital privacy was a constitutional right, one that was a "penumbra" emanating from the specific guarantees of the constitution. The right to sexual privacy as set forth in Griswold was one of the main foundations of the court's decision in Roe v. Wade (1973) to overturn state abortion statutes. Later attempts to extend the right of privacy to consensual homosexual acts in Bowers v. Hardwick (1986) were initially rejected by the court. In 2003, however, the court reversed that decision and rejected all antisodomy laws. While a consensus supporting the right to privacy has emerged (all recently confirmed Justices to the Supreme Court have affirmed their belief in the right to privacy), the extent of the right, and its basis in constitutional law, remain hotly contested. Computer and telecommunications advances have made credit, medical, and other data a readily available, highly marketable commodity, raising many concerns about individuals' privacy. Although the European Union in 1998 severely limited the buying and selling of personal data, these practices have been generally allowed under U.S. law.



The Columbia Electronic Encyclopedia Copyright © 2009, Columbia University Press.
Licensed from Columbia University Press. All rights reserved.



Topics that might be of interest to you:

Fourteenth Amendment
Freedom of Information Act
Roe v. Wade

Related Categories:

Social Sciences and the Law > Law
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