7.9. Rights of privacy - 7.10. Griswold v. Connecticut
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Questions and Answers

According to U.S. law, the right of privacy is described as

  • The right to gain access to someone's personal information
  • The right to invade someone's privacy
  • The right to be left alone (correct)
  • The right to publicly disclose someone's private life
  • The right of privacy is recognized in which areas of law?

  • Criminal law
  • Property law
  • Contract law
  • Torts law (correct)
  • What can individuals seek if their privacy is unjustifiably invaded?

  • Damages or injunctive relief (correct)
  • Compensation from the government
  • Criminal charges against the invader
  • Public exposure
  • In torts law, privacy is a right not to be disturbed emotionally by

    <p>Conduct designed to subject the victim to great tensions</p> Signup and view all the answers

    Who is afforded less broad protections of privacy?

    <p>Public officials and other prominent persons</p> Signup and view all the answers

    What is an issue of international debate when it comes to privacy?

    <p>Concerns about privacy in cyberspace</p> Signup and view all the answers

    Which provisions of the U.S. Constitution are commonly regarded as creating the right to privacy?

    <p>First, Fourth, and Fifth Amendments</p> Signup and view all the answers

    Who described the right to privacy as 'the right to be let alone'?

    <p>Louis Brandeis and Samuel D. Warren</p> Signup and view all the answers

    What is the origin of the tort concept of privacy?

    <p>19th-century</p> Signup and view all the answers

    Which of the following is NOT mentioned as an activity related to privacy?

    <p>Cyberspace debate</p> Signup and view all the answers

    Which amendment to the US Constitution includes privacy protections?

    <p>Fourth Amendment</p> Signup and view all the answers

    In what year did the Supreme Court recognize the right to privacy in the United States?

    <p>1965</p> Signup and view all the answers

    Who co-authored the article 'The Right to Privacy' in the Harvard Law Review in 1890?

    <p>Justice Brandeis and Samuel Warren</p> Signup and view all the answers

    What law did the Supreme Court strike down in 1923, stating it interfered with personal autonomy?

    <p>A law prohibiting schools from teaching any language other than English</p> Signup and view all the answers

    Which case invalidated a law prohibiting the use of contraceptives, even by married persons?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    What did Justice William O. Douglas refer to as a 'zone of privacy'?

    <p>The 'penumbra' created by fundamental constitutional guarantees</p> Signup and view all the answers

    In what year did the Supreme Court extend the right to privacy to sexual relationships?

    <p>2003</p> Signup and view all the answers

    What did the USA PATRIOT Act grant federal police agencies the authority to search?

    <p>Business records of individuals suspected of involvement in terrorism</p> Signup and view all the answers

    What did the U.S. Privacy Act of 1974 guarantee individuals access to?

    <p>Government files pertaining to themselves</p> Signup and view all the answers

    What has complicated the problem of maintaining a right to privacy in both tort and constitutional law?

    <p>Modern technology and electronic eavesdropping</p> Signup and view all the answers

    Which Supreme Court case established a right to privacy derived from penumbras of other explicitly stated constitutional protections?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    In which case did the Supreme Court extend the right to purchase contraceptives to unmarried couples?

    <p>Eisenstadt v. Baird</p> Signup and view all the answers

    Which Supreme Court case extended the right of privacy to encompass a woman's right to have an abortion?

    <p>Roe v. Wade</p> Signup and view all the answers

    Which Supreme Court case extended the right to privacy to 'persons of the same sex [who choose to] engage in . . . sexual conduct'?

    <p>Lawrence v. Texas</p> Signup and view all the answers

    Which Justice's concurrence in Griswold v. Connecticut is typically relied upon in privacy cases post-Griswold?

    <p>Justice Harlan</p> Signup and view all the answers

    In which case did Justice Harlan rely upon the rationale in his dissenting opinion in Poe v. Ullman?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    Which Amendments were used in Griswold to find an implied right to privacy in the Constitution?

    <p>First, Third, Fourth, Fifth, and Ninth</p> Signup and view all the answers

    Which case did the Supreme Court decide to extend the right to purchase contraceptives to unmarried couples?

    <p>Eisenstadt v. Baird</p> Signup and view all the answers

    Which case extended the right to privacy to encompass a woman's right to have an abortion?

    <p>Roe v. Wade</p> Signup and view all the answers

    Which case extended the right to privacy to 'persons of the same sex [who choose to] engage in . . . sexual conduct'?

    <p>Lawrence v. Texas</p> Signup and view all the answers

    Which amendment to the US Constitution is commonly regarded as creating the right to privacy?

    <p>Fourth Amendment</p> Signup and view all the answers

    What is the origin of the tort concept of privacy?

    <p>19th-century law</p> Signup and view all the answers

    Who co-authored the article 'The Right to Privacy' in the Harvard Law Review in 1890?

    <p>Samuel D. Warren</p> Signup and view all the answers

    Which case extended the right to privacy to 'persons of the same sex [who choose to] engage in . . . sexual conduct'?

    <p>Lawrence v. Texas</p> Signup and view all the answers

    What did Justice William O. Douglas refer to as a 'zone of privacy'?

    <p>The Ninth Amendment</p> Signup and view all the answers

    Which Supreme Court case established a right to privacy derived from penumbras of other explicitly stated constitutional protections?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    Which case did the Supreme Court decide to extend the right to purchase contraceptives to unmarried couples?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    What law did the Supreme Court strike down in 1923, stating it interfered with personal autonomy?

    <p>The law prohibiting the use of contraceptives</p> Signup and view all the answers

    What did the USA PATRIOT Act grant federal police agencies the authority to search?

    <p>All of the above</p> Signup and view all the answers

    In what year did the Supreme Court recognize the right to privacy in the United States?

    <p>No specific year</p> Signup and view all the answers

    Which case established the right to privacy in the United States?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    Who co-authored the influential article 'The Right to Privacy' in the Harvard Law Review?

    <p>Justice Brandeis and Samuel Warren</p> Signup and view all the answers

    Which Supreme Court case struck down a Nebraska law prohibiting schools from teaching any language other than English?

    <p>Brandeis v. Warren</p> Signup and view all the answers

    In which case did the Supreme Court extend the right to privacy to sexual relationships?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    Which law granted federal police agencies the authority to search the business records of individuals suspected of involvement in terrorism?

    <p>USA PATRIOT Act</p> Signup and view all the answers

    Under which act are individuals guaranteed access to many government files pertaining to themselves?

    <p>U.S. Privacy Act of 1974</p> Signup and view all the answers

    Which case extended the right to privacy to include at least some control over personal information?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    In what year did the Supreme Court recognize the implied right to privacy in the federal Constitution?

    <p>1965</p> Signup and view all the answers

    Which Amendments were cited in Griswold v. Connecticut as creating a 'zone of privacy'?

    <p>First, Fourth, and Fifth</p> Signup and view all the answers

    What did Justice William O. Douglas refer to as a 'zone of privacy' in Griswold v. Connecticut?

    <p>The right to personal autonomy</p> Signup and view all the answers

    Which case did the Supreme Court use the Fourteenth Amendment to extend the right to privacy to 'persons of the same sex [who choose to] engage in . . . sexual conduct'?

    <p>Lawrence v. Texas</p> Signup and view all the answers

    Which case did the Supreme Court decide to extend the right to purchase contraceptives to unmarried couples?

    <p>Eisenstadt v Baird</p> Signup and view all the answers

    Which case extended the right of privacy to encompass a woman's right to have an abortion?

    <p>Roe v. Wade</p> Signup and view all the answers

    What case did Justice Harlan rely upon the rationale in his dissenting opinion in Poe v. Ullman?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    What case did the Supreme Court use the right to privacy, as derived from the Fourteenth Amendment, to extend the right to privacy to encompass a woman's right to have an abortion?

    <p>Roe v. Wade</p> Signup and view all the answers

    What case did the Supreme Court find a right to privacy for married couples, and only with regard to the right to purchase contraceptives?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    Which case did the Supreme Court typically rely upon Justice Harlan's concurrence rather than Justice Douglas's majority opinion?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    Which case did the Supreme Court decide to extend the right to purchase contraceptives to unmarried couples and found that 'the constitutionally protected right of privacy inheres in the individual, not the marital couple'?

    <p>Eisenstadt v Baird</p> Signup and view all the answers

    Which case did the Supreme Court use the personal protections expressly stated in the First, Third, Fourth, Fifth, and Ninth Amendments to find that there is an implied right to privacy in the Constitution?

    <p>Griswold v. Connecticut</p> Signup and view all the answers

    Which case did the Supreme Court use the Fourteenth Amendment to extend the right to privacy to 'persons of the same sex [who choose to] engage in . . . sexual conduct'?

    <p>Lawrence v. Texas</p> Signup and view all the answers

    True or false: The right of privacy is recognized in both the law of torts and U.S. constitutional law?

    <p>True</p> Signup and view all the answers

    True or false: Privacy protections are extended to all individuals, including public officials and public figures?

    <p>False</p> Signup and view all the answers

    True or false: Concerns about privacy in cyberspace are only a domestic issue?

    <p>False</p> Signup and view all the answers

    True or false: The U.S. Constitution explicitly protects the right to privacy?

    <p>False</p> Signup and view all the answers

    True or false: The First, Fourth, and Fifth Amendments are commonly regarded as creating the right to privacy in the U.S. Constitution?

    <p>True</p> Signup and view all the answers

    True or false: Privacy protections are limited to emotional disturbances caused by baring one's intimate life to public view?

    <p>False</p> Signup and view all the answers

    True or false: The right to privacy extends to personal control over information?

    <p>True</p> Signup and view all the answers

    True or false: The right of privacy is recognized in the law of torts, but not in U.S. constitutional law?

    <p>False</p> Signup and view all the answers

    True or false: The right to privacy is an issue of international debate in cyberspace?

    <p>True</p> Signup and view all the answers

    True or false: Privacy protections are narrower for public officials and public figures?

    <p>True</p> Signup and view all the answers

    True or false: The Fourth Amendment prohibits unreasonable searches and seizures?

    <p>True</p> Signup and view all the answers

    True or false: The First and Fifth Amendments focus on the individual's freedom to be autonomous?

    <p>True</p> Signup and view all the answers

    True or false: The federal courts began exploring constitutional principles of privacy after the publication of an influential article by Justice Brandeis and Samuel Warren in 1890?

    <p>True</p> Signup and view all the answers

    True or false: In 1923, the Supreme Court struck down a Nebraska law prohibiting schools from teaching any language other than English?

    <p>True</p> Signup and view all the answers

    True or false: In Griswold v. Connecticut, the Supreme Court invalidated a law prohibiting the use of contraceptives, even by married persons?

    <p>True</p> Signup and view all the answers

    True or false: The Supreme Court extended the right to privacy to sexual relationships in 2003?

    <p>True</p> Signup and view all the answers

    True or false: The U.S. Privacy Act of 1974 guarantees individuals access to many government files pertaining to themselves?

    <p>True</p> Signup and view all the answers

    True or false: The USA PATRIOT Act granted federal police agencies the authority to search the business records of individuals suspected of involvement in terrorism?

    <p>True</p> Signup and view all the answers

    True or false: Modern technology and practices of industrial espionage have complicated the problem of maintaining a right to privacy?

    <p>True</p> Signup and view all the answers

    True or false: Louis Brandeis co-authored a Harvard Law Review article advocating for the right to privacy before becoming a Supreme Court Justice?

    <p>True</p> Signup and view all the answers

    True or false: The Supreme Court found a right to privacy in the Griswold case derived from penumbras of other explicitly stated constitutional protections.

    <p>True</p> Signup and view all the answers

    True or false: The right to privacy in Griswold was narrowly used to find a right to privacy for married couples, and only with regard to the right to purchase contraceptives.

    <p>True</p> Signup and view all the answers

    True or false: Justice Harlan's concurrence in Griswold found a right to privacy derived from the Fourteenth Amendment.

    <p>True</p> Signup and view all the answers

    True or false: In privacy cases post-Griswold, the Supreme Court typically relied upon Justice Douglas's majority opinion rather than Justice Harlan's concurrence.

    <p>False</p> Signup and view all the answers

    True or false: Eisenstadt v Baird extended the right to purchase contraceptives to married couples.

    <p>False</p> Signup and view all the answers

    True or false: Roe v. Wade extended the right of privacy to encompass a woman's right to have an abortion.

    <p>True</p> Signup and view all the answers

    True or false: Lawrence v. Texas extended the right to privacy to encompass same-sex sexual conduct.

    <p>True</p> Signup and view all the answers

    True or false: The Supreme Court used penumbras to extend the right to privacy in Eisenstadt, Roe, and Lawrence.

    <p>False</p> Signup and view all the answers

    True or false: The Supreme Court extended the right to privacy to encompass a woman's right to have an abortion in Griswold.

    <p>False</p> Signup and view all the answers

    True or false: The right to privacy in Griswold was derived from the First, Third, Fourth, Fifth, and Ninth Amendments.

    <p>True</p> Signup and view all the answers

    True or false: The right of privacy is only recognized in U.S. constitutional law?

    <p>False</p> Signup and view all the answers

    True or false: The concept of privacy in torts law originated in the 19th century?

    <p>True</p> Signup and view all the answers

    True or false: Privacy in torts law includes the right to be free from emotionally disturbing conduct?

    <p>True</p> Signup and view all the answers

    True or false: Public officials and prominent persons have the same level of privacy protection as ordinary individuals?

    <p>False</p> Signup and view all the answers

    True or false: Concerns about privacy in cyberspace are a global issue?

    <p>True</p> Signup and view all the answers

    True or false: The U.S. Constitution explicitly protects the right to privacy?

    <p>False</p> Signup and view all the answers

    True or false: The First, Fourth, and Fifth Amendments of the U.S. Constitution are commonly regarded as creating the right to privacy?

    <p>True</p> Signup and view all the answers

    True or false: Lawrence v. Texas extended the right to privacy to encompass same-sex sexual conduct?

    <p>True</p> Signup and view all the answers

    True or false: The Supreme Court found a right to privacy in the Griswold case derived from penumbras of other explicitly stated constitutional protections?

    <p>True</p> Signup and view all the answers

    True or false: Louis Brandeis co-authored a Harvard Law Review article advocating for the right to privacy before becoming a Supreme Court Justice?

    <p>True</p> Signup and view all the answers

    True or false: The Supreme Court found a right to privacy in the Griswold case, derived from penumbras of other explicitly stated constitutional protections?

    <p>True</p> Signup and view all the answers

    True or false: The right to privacy in Griswold was narrowly used to find a right to privacy for married couples, and only with regard to the right to purchase contraceptives?

    <p>True</p> Signup and view all the answers

    True or false: Justice Harlan's concurrence in Griswold found a right to privacy derived from the Fourteenth Amendment?

    <p>True</p> Signup and view all the answers

    True or false: In privacy cases post-Griswold, the Supreme Court typically relies upon Justice Harlan's concurrence rather than Justice Douglas's majority opinion?

    <p>True</p> Signup and view all the answers

    True or false: Eisenstadt v Baird (1971), Roe v. Wade (1972), and Lawrence v. Texas (2003) are three cases in which the Court extended the right to privacy?

    <p>True</p> Signup and view all the answers

    True or false: In Eisenstadt, the Supreme Court decided to extend the right to purchase contraceptives to unmarried couples?

    <p>True</p> Signup and view all the answers

    True or false: In Roe v. Wade, the Supreme Court used the right to privacy to extend the right of privacy to encompass a woman's right to have an abortion?

    <p>True</p> Signup and view all the answers

    True or false: In Lawrence v. Texas, the Supreme Court used the Fourteenth Amendment to extend the right to privacy to 'persons of the same sex [who choose to] engage in . . . sexual conduct'?

    <p>True</p> Signup and view all the answers

    True or false: The right to privacy in the Constitution is derived from the penumbras of the First, Third, Fourth, Fifth, and Ninth Amendments?

    <p>True</p> Signup and view all the answers

    True or false: The right to privacy in the Constitution is explicitly stated in the First, Third, Fourth, Fifth, and Ninth Amendments?

    <p>False</p> Signup and view all the answers

    True or false: The right to privacy in Griswold was derived from the First, Third, Fourth, Fifth, and Ninth Amendments.

    <p>False</p> Signup and view all the answers

    True or false: The concept of privacy in torts law originated in the 19th century?

    <p>False</p> Signup and view all the answers

    True or false: The right to privacy is an issue of international debate in cyberspace?

    <p>True</p> Signup and view all the answers

    True or false: The right to privacy in the Constitution is derived from the penumbras of the First, Third, Fourth, Fifth, and Ninth Amendments?

    <p>True</p> Signup and view all the answers

    True or false: The U.S. Privacy Act of 1974 guarantees individuals access to many government files pertaining to themselves?

    <p>True</p> Signup and view all the answers

    True or false: Roe v. Wade extended the right of privacy to encompass a woman's right to have an abortion.

    <p>True</p> Signup and view all the answers

    True or false: Lawrence v. Texas extended the right to privacy to encompass same-sex sexual conduct?

    <p>True</p> Signup and view all the answers

    True or false: The Supreme Court found a right to privacy in the Griswold case derived from penumbras of other explicitly stated constitutional protections.

    <p>True</p> Signup and view all the answers

    True or false: Eisenstadt v Baird (1971), Roe v. Wade (1972), and Lawrence v. Texas (2003) are three cases in which the Court extended the right to privacy?

    <p>True</p> Signup and view all the answers

    True or false: The right to privacy extends to personal control over information?

    <p>True</p> Signup and view all the answers

    Study Notes

    Right to Privacy

    • The right to privacy is recognized in both torts law and U.S. constitutional law.

    Areas of Law

    • The right of privacy is recognized in the law of torts, where it is a right not to be disturbed emotionally.
    • In U.S. constitutional law, the right to privacy is recognized as an implied right, derived from penumbras of other explicitly stated constitutional protections.

    Torts Law

    • The concept of privacy in torts law originated in the 19th century.
    • In torts law, individuals can seek relief if their privacy is unjustifiably invaded.
    • The right to privacy in torts law includes the right to be free from emotionally disturbing conduct.

    U.S. Constitutional Law

    • The right to privacy is not explicitly stated in the U.S. Constitution, but is implied through various provisions.
    • The First, Fourth, Fifth, and Ninth Amendments are commonly regarded as creating the right to privacy.
    • In Griswold v. Connecticut, the Supreme Court established a right to privacy derived from penumbras of other explicitly stated constitutional protections.

    Landmark Cases

    • Griswold v. Connecticut (1965): The Supreme Court established a right to privacy derived from penumbras of other explicitly stated constitutional protections.
    • Eisenstadt v. Baird (1972): The Supreme Court extended the right to purchase contraceptives to unmarried couples.
    • Roe v. Wade (1973): The Supreme Court extended the right of privacy to encompass a woman's right to have an abortion.
    • Lawrence v. Texas (2003): The Supreme Court extended the right to privacy to encompass same-sex sexual conduct.

    Key Figures

    • Louis Brandeis: Co-authored a Harvard Law Review article advocating for the right to privacy before becoming a Supreme Court Justice.
    • Samuel Warren: Co-authored the influential article "The Right to Privacy" with Brandeis.
    • Justice William O. Douglas: Referred to the right to privacy as a 'zone of privacy' in Griswold v. Connecticut.
    • Justice Harlan: Relyed upon the rationale in his dissenting opinion in Poe v. Ullman in Griswold v. Connecticut.

    Privacy Protections

    • Public officials and public figures have narrower privacy protections.
    • Concerns about privacy in cyberspace are a global issue.
    • The U.S. Privacy Act of 1974 guarantees individuals access to many government files pertaining to themselves.
    • The USA PATRIOT Act granted federal police agencies the authority to search the business records of individuals suspected of involvement in terrorism.

    International Debate

    • The right to privacy is an issue of international debate in cyberspace.

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