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

Which amendment(s) of the U.S. Constitution are commonly regarded as creating the right to privacy?

  • Fifth Amendment
  • First, Fourth, and Fifth Amendments (correct)
  • Fourth Amendment
  • First Amendment
  • In U.S. law, the right to privacy is a legal concept in both the law of torts and U.S. constitutional law. When did the tort concept of privacy originate?

  • 18th century
  • 20th century
  • 17th century
  • 19th century (correct)
  • What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?

  • Right to privacy (correct)
  • Right to bear arms
  • Right to freedom of speech
  • Right to property
  • The Supreme Court used the right to privacy to extend the right to have an abortion in which case?

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

    Based on the text, which amendment is the right to privacy derived from?

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

    Which group of individuals did the Supreme Court extend the right to privacy to in Lawrence?

    <p>Persons of the same sex</p> Signup and view all the answers

    When did the federal courts begin to explore constitutional principles related to the right to privacy?

    <p>1923</p> Signup and view all the answers

    In which case did the Supreme Court first recognize the right to privacy in the United States?

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

    What did Justice William O. Douglas state in the Griswold v. Connecticut case?

    <p>There is a zone of privacy created by fundamental constitutional guarantees</p> Signup and view all the answers

    Which amendment did Justice Harlan rely upon in his concurrence in Griswold v. Connecticut?

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

    The right of privacy is a legal concept in which two areas of law?

    <p>Torts law and constitutional law</p> Signup and view all the answers

    What is the main focus of the First and Fifth Amendments in relation to privacy?

    <p>The individual's autonomy</p> Signup and view all the answers

    Who are the less broad protections of privacy afforded to?

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

    In which case did the Supreme Court use the Fourteenth Amendment to extend the right to privacy to encompass a woman's right to have an abortion?

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

    Based on the text, in which case did the Supreme Court use the Fourteenth Amendment to extend the right to privacy to persons of the same sex who engage in sexual conduct?

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

    Which amendment is the right to privacy derived from?

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

    Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?

    <p>Ninth Amendment</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 justice's concurrence in Griswold v. Connecticut is commonly relied upon in privacy cases post-Griswold?

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

    Which constitutional principle did the Supreme Court use in Griswold v. Connecticut to find a right to privacy?

    <p>Implied right</p> Signup and view all the answers

    Which amendment is commonly regarded as creating the right to privacy in U.S. constitutional law?

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

    In U.S. law, the right to privacy is a legal concept in both the law of torts and U.S. constitutional law. When did the tort concept of privacy originate?

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

    Who did Louis Brandeis cite in his 1890 paper when describing the right to privacy as 'the right to be let alone'?

    <p>Judge Thomas Cooley</p> Signup and view all the answers

    In which case did the Supreme Court 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

    Which amendment did the Supreme Court rely upon in Lawrence v. Texas to extend the right to privacy to persons of the same sex who engage in sexual conduct?

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

    In which case did the Supreme Court first recognize the right to privacy in the United States?

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

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

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

    What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?

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

    Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?

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

    Which constitutional principle did the Supreme Court use in Griswold v. Connecticut to find a right to privacy?

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

    Which amendment is commonly regarded as creating the right to privacy in U.S. constitutional law?

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

    Based on the text, when did the tort concept of privacy originate?

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

    Which individuals are afforded less broad protections of privacy?

    <p>Public officials</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 engage in sexual conduct?

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

    What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?

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

    Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?

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

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

    <p>Eisenstadt v Baird (1971)</p> Signup and view all the answers

    Based on the text, in which case did the Supreme Court use the Fourteenth Amendment to extend the right to privacy to persons of the same sex who engage in sexual conduct?

    <p>Lawrence v. Texas (2003)</p> Signup and view all the answers

    What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?

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

    Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?

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

    The Supreme Court used the Fourteenth Amendment to extend the right to privacy to same-sex couples in Lawrence v. Texas.

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

    True or false: The right of privacy is a legal concept recognized in U.S. law.

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

    The right to privacy is a legal concept in both the law of torts and U.S. constitutional law.

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

    True or false: The right to privacy is explicitly protected in the U.S. Constitution.

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

    True or false: Concerns about privacy in cyberspace are an issue of international debate.

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

    The Supreme Court used the Fourteenth Amendment to extend the right to privacy to encompass a woman's right to have an abortion in Roe v. Wade.

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

    True or false: The federal courts began exploring the constitutional right to privacy after the publication of "The Right to Privacy" article in 1890?

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

    True or false: The Supreme Court struck down a Nebraska law prohibiting schools from teaching languages other than English?

    <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 government files pertaining to themselves?

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

    True or false: The right of privacy is a legal concept in both the law of torts and U.S. constitutional law.

    <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: Concerns about privacy in cyberspace are an issue of international debate.

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

    True or false: The Supreme Court used the Fourteenth Amendment to extend the right to privacy to persons of the same sex who engage in sexual conduct.

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

    True or false: The right to privacy is explicitly protected in the U.S. Constitution.

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

    True or false: The Supreme Court used the right to privacy, derived from the Fourteenth Amendment, to extend the right of privacy to encompass a woman's right to have an abortion in Roe v. Wade.

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

    True or false: The Supreme Court used the First, Third, Fourth, Fifth, and Ninth Amendments to derive the right to privacy in Griswold v. Connecticut?

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

    True or false: The Supreme Court extended the right to privacy to unmarried couples in Eisenstadt v. Baird?

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

    True or false: The Supreme Court relied upon penumbras of explicitly stated constitutional protections to find a right to privacy in the Constitution in Griswold v. Connecticut?

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

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

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

    The right of privacy is explicitly protected in the U.S. Constitution.

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

    The concept of privacy in tort law originated in the 19th century.

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

    The U.S. Privacy Act of 1974 guarantees individuals access to government files pertaining to themselves.

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

    True or false: The Supreme Court used the Fourteenth Amendment to extend the right to privacy to persons of the same sex who engage in sexual conduct.

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

    True or false: The federal courts began exploring the constitutional right to privacy after the publication of 'The Right to Privacy' article in 1890?

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

    True or false: In Griswold v. Connecticut, the Supreme Court relied upon penumbras of explicitly stated constitutional protections to find a right to privacy in the Constitution.

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

    True or false: The Supreme Court used the Ninth Amendment to find a right to privacy in Griswold v. Connecticut?

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

    True or false: The Supreme Court extended the right to privacy to unmarried couples in Griswold v. Connecticut?

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

    True or false: Justice Harlan's concurrence in Griswold v. Connecticut relied upon the rationale in his dissenting opinion in Poe v. Ullman?

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

    True or false: The Supreme Court extended the right to purchase contraceptives to unmarried couples in Eisenstadt v. Baird?

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

    According to Louis Brandeis, the right of privacy is described as 'the right to be let ______'

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

    In torts law, privacy is a right not to be disturbed emotionally by conduct designed to subject the victim to great tensions by baring his intimate life and affairs to ______ view

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

    The U.S. Constitution does not explicitly protect ______, but the right is commonly regarded as created by certain provisions

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

    Before Griswold, Louis Brandeis co-authored a Harvard Law Review article called 'The Right to Privacy,' in which he advocated for the '______ to be let alone'.

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

    In Roe, the Supreme Court used the right to privacy, as derived from the Fourteenth Amendment, to extend the right of privacy to encompass a woman’s right to have ________.

    <p>an abortion</p> Signup and view all the answers

    In Lawrence, the Supreme Court used the Fourteenth Amendment to extend the right to privacy to “persons of the same sex [who choose to] engage in ________ conduct.”

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

    According to the Court, the constitutionally protected right of privacy inheres in the ________, not the marital couple.

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

    In Griswold, the Supreme Court found a right to privacy, derived from penumbras of other explicitly stated constitutional ______.

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

    The Supreme Court relied upon the ______ Amendment to extend the right to privacy to same-sex couples in Lawrence v. Texas.

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

    In Eisenstadt, the Supreme Court decided to extend the right to purchase contraceptives to ______ couples.

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

    Subject to limitations of public policy, it asserts a right of persons to recover damages or obtain injunctive relief for unjustifiable invasions of privacy prompted by motives of gain, curiosity, or ______.

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

    The rights of privacy were initially interpreted to include only protection against tangible intrusions resulting in measurable ______.

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

    The Fourth Amendment prohibits unreasonable searches and seizures; the First and Fifth include privacy protections in that they focus not on what the government may do but rather on the individual’s freedom to be ______.

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

    According to the Court, the constitutionally protected right of privacy inheres in the ______, not the marital couple.

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

    In Roe, the Supreme Court used the right to privacy, as derived from the Fourteenth Amendment, to extend the right of privacy to encompass a woman’s right to have ______.

    <p>an abortion</p> Signup and view all the answers

    In Lawrence, the Supreme Court used the Fourteenth Amendment to extend the right to privacy to 'persons of the same sex [who choose to] engage in ______ conduct.'

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

    According to Louis Brandeis, the right of privacy is described as 'the right to be let ______'

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

    The Court used 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 ______.

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

    In torts law, privacy is a right not to be disturbed emotionally by conduct designed to subject the victim to great tensions by baring his intimate life and affairs to ______ view

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

    In Eisenstadt, the Supreme Court decided to extend the right to purchase contraceptives to ______ couples.

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

    According to Louis Brandeis, the right of privacy is described as 'the right to be let ______'

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

    The Supreme Court used the ______ Amendment to extend the right to privacy to same-sex couples in Lawrence v. Texas

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

    The concept of privacy in tort law originated in the ______ century

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

    Before Griswold, Louis Brandeis co-authored a Harvard Law Review article called 'The Right to Privacy,' in which he advocated for the 'right to be let ______'

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

    The Court used 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 ______

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

    In Eisenstadt, the Supreme Court decided to extend the right to purchase contraceptives to ______ couples

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

    In Roe, the Supreme Court used the right to privacy, as derived from the Fourteenth Amendment, to extend the right of privacy to encompass a woman’s right to ______

    <p>have an abortion</p> Signup and view all the answers

    In Lawrence, the Supreme Court used the Fourteenth Amendment to extend the right to privacy to “persons of the same sex [who choose to] engage in ______ conduct.”

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

    In Roe, the Supreme Court used the right to privacy, as derived from the Fourteenth Amendment, to extend the right of privacy to encompass a woman’s right to have ______.

    <p>an abortion</p> Signup and view all the answers

    Relying upon the Fourteenth Amendment’s guarantee of due process, the Court held: “The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a ______. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government.”

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

    Study Notes

    Right to Privacy in U.S. Law

    • The right to privacy is recognized in both constitutional and tort law.
    • Commonly regarded constitutional foundations for privacy include the First, Fourth, Fifth, Ninth, and Fourteenth amendments.
    • The concept of privacy in tort law originated in the 19th century.

    Origins of Privacy Concept

    • Louis Brandeis and Samuel D. Warren articulated the right to privacy as "the right to be let alone" in their influential 1890 Harvard Law Review article.
    • The federal courts began exploring constitutional rights related to privacy in the early 20th century, post-1890 article.

    Key Supreme Court Cases

    • Griswold v. Connecticut (1965) was the first case where the Supreme Court recognized a constitutional right to privacy.
    • Justice William O. Douglas highlighted the existence of this right, citing "penumbras" from various amendments.
    • Justice Harlan, in his concurrence, relied on the Due Process Clause of the Fourteenth Amendment to affirm privacy rights.

    Notable Case Outcomes

    • Roe v. Wade (1973) extended the right to privacy to a woman’s right to have an abortion, relying on the Fourteenth Amendment.
    • Eisenstadt v. Baird (1972) extended the right to purchase contraceptives to unmarried couples.
    • Lawrence v. Texas (2003) utilized the Fourteenth Amendment to protect privacy rights of same-sex couples engaging in sexual conduct.

    Privacy Protection and Limitations

    • Less broad protections exist for individuals in certain contexts, typically related to their status and circumstances.
    • First and Fifth Amendments focus on individual freedoms, while the Fourth Amendment prohibits unreasonable searches and seizures.
    • The right of privacy allows individuals to recover damages for unjustified invasions of privacy caused by others' curiosity or financial gain.
    • Privacy rights initially emphasized protection against tangible intrusions leading to measurable harm.
    • The U.S. Constitution does not explicitly guarantee privacy but implies it through various amendments.
    • The Supreme Court relies heavily on the precedent set in Griswold v. Connecticut for privacy-related cases.

    Clarifications on Privacy Rights

    • Concerns over privacy in digital and cyberspace remain significant and are part of ongoing legal debates globally.
    • The U.S. Privacy Act of 1974 ensures individuals can access government files related to them, underscoring the importance placed on privacy rights.

    Additional Notes

    • The evolution of privacy rights in U.S. law reflects changing social norms and the expanding interpretation of individual liberties.
    • Justice Harlan's views and his rationale in previous dissents continue to influence contemporary privacy legal arguments.

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    Test your knowledge of the rights of privacy in U.S. law with this quiz. Explore the principles and concepts surrounding this important legal concept, as well as its application in tort law and the U.S. Constitution.

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