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Which amendment(s) of the U.S. Constitution are commonly regarded as creating the right to privacy?
Which amendment(s) of the U.S. Constitution are commonly regarded as creating the right to privacy?
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?
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?
What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?
What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?
The Supreme Court used the right to privacy to extend the right to have an abortion in which case?
The Supreme Court used the right to privacy to extend the right to have an abortion in which case?
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Based on the text, which amendment is the right to privacy derived from?
Based on the text, which amendment is the right to privacy derived from?
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Which group of individuals did the Supreme Court extend the right to privacy to in Lawrence?
Which group of individuals did the Supreme Court extend the right to privacy to in Lawrence?
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When did the federal courts begin to explore constitutional principles related to the right to privacy?
When did the federal courts begin to explore constitutional principles related to the right to privacy?
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In which case did the Supreme Court first recognize the right to privacy in the United States?
In which case did the Supreme Court first recognize the right to privacy in the United States?
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What did Justice William O. Douglas state in the Griswold v. Connecticut case?
What did Justice William O. Douglas state in the Griswold v. Connecticut case?
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Which amendment did Justice Harlan rely upon in his concurrence in Griswold v. Connecticut?
Which amendment did Justice Harlan rely upon in his concurrence in Griswold v. Connecticut?
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The right of privacy is a legal concept in which two areas of law?
The right of privacy is a legal concept in which two areas of law?
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What is the main focus of the First and Fifth Amendments in relation to privacy?
What is the main focus of the First and Fifth Amendments in relation to privacy?
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Who are the less broad protections of privacy afforded to?
Who are the less broad protections of privacy afforded to?
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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?
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?
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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?
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?
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Which amendment is the right to privacy derived from?
Which amendment is the right to privacy derived from?
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Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?
Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?
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In which case did the Supreme Court extend the right to purchase contraceptives to unmarried couples?
In which case did the Supreme Court extend the right to purchase contraceptives to unmarried couples?
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Which justice's concurrence in Griswold v. Connecticut is commonly relied upon in privacy cases post-Griswold?
Which justice's concurrence in Griswold v. Connecticut is commonly relied upon in privacy cases post-Griswold?
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Which constitutional principle did the Supreme Court use in Griswold v. Connecticut to find a right to privacy?
Which constitutional principle did the Supreme Court use in Griswold v. Connecticut to find a right to privacy?
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Which amendment is commonly regarded as creating the right to privacy in U.S. constitutional law?
Which amendment is commonly regarded as creating the right to privacy in U.S. constitutional law?
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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?
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?
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Who did Louis Brandeis cite in his 1890 paper when describing the right to privacy as 'the right to be let alone'?
Who did Louis Brandeis cite in his 1890 paper when describing the right to privacy as 'the right to be let alone'?
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In which case did the Supreme Court extend the right to privacy to encompass a woman's right to have an abortion?
In which case did the Supreme Court extend the right to privacy to encompass a woman's right to have an abortion?
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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?
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?
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In which case did the Supreme Court first recognize the right to privacy in the United States?
In which case did the Supreme Court first recognize the right to privacy in the United States?
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In which case did the Supreme Court extend the right to privacy to unmarried couples?
In which case did the Supreme Court extend the right to privacy to unmarried couples?
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What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?
What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?
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Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?
Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?
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Which constitutional principle did the Supreme Court use in Griswold v. Connecticut to find a right to privacy?
Which constitutional principle did the Supreme Court use in Griswold v. Connecticut to find a right to privacy?
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Which amendment is commonly regarded as creating the right to privacy in U.S. constitutional law?
Which amendment is commonly regarded as creating the right to privacy in U.S. constitutional law?
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Based on the text, when did the tort concept of privacy originate?
Based on the text, when did the tort concept of privacy originate?
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Which individuals are afforded less broad protections of privacy?
Which individuals are afforded less broad protections of privacy?
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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?
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?
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What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?
What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?
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Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?
Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?
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In which case did the Supreme Court extend the right to privacy to unmarried couples?
In which case did the Supreme Court extend the right to privacy to unmarried couples?
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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?
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?
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What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?
What did Louis Brandeis and Samuel D. Warren describe as 'the right to be let alone'?
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Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?
Which amendment did the Supreme Court rely upon in Griswold v. Connecticut to find a right to privacy?
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The Supreme Court used the Fourteenth Amendment to extend the right to privacy to same-sex couples in Lawrence v. Texas.
The Supreme Court used the Fourteenth Amendment to extend the right to privacy to same-sex couples in Lawrence v. Texas.
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True or false: The right of privacy is a legal concept recognized in U.S. law.
True or false: The right of privacy is a legal concept recognized in U.S. law.
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The right to privacy is a legal concept in both the law of torts and U.S. constitutional law.
The right to privacy is a legal concept in both the law of torts and U.S. constitutional law.
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True or false: The right to privacy is explicitly protected in the U.S. Constitution.
True or false: The right to privacy is explicitly protected in the U.S. Constitution.
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True or false: Concerns about privacy in cyberspace are an issue of international debate.
True or false: Concerns about privacy in cyberspace are an issue of international debate.
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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.
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.
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True or false: The federal courts began exploring the constitutional right to privacy after the publication of "The Right to Privacy" article in 1890?
True or false: The federal courts began exploring the constitutional right to privacy after the publication of "The Right to Privacy" article in 1890?
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True or false: The Supreme Court struck down a Nebraska law prohibiting schools from teaching languages other than English?
True or false: The Supreme Court struck down a Nebraska law prohibiting schools from teaching languages other than English?
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True or false: The Supreme Court extended the right to privacy to sexual relationships in 2003?
True or false: The Supreme Court extended the right to privacy to sexual relationships in 2003?
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True or false: The U.S. Privacy Act of 1974 guarantees individuals access to government files pertaining to themselves?
True or false: The U.S. Privacy Act of 1974 guarantees individuals access to government files pertaining to themselves?
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True or false: The right of privacy is a legal concept in both the law of torts and U.S. constitutional law.
True or false: The right of privacy is a legal concept in both the law of torts and U.S. constitutional law.
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True or false: The U.S. Constitution explicitly protects the right to privacy.
True or false: The U.S. Constitution explicitly protects the right to privacy.
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True or false: Concerns about privacy in cyberspace are an issue of international debate.
True or false: Concerns about privacy in cyberspace are an issue of international debate.
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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.
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.
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True or false: The right to privacy is explicitly protected in the U.S. Constitution.
True or false: The right to privacy is explicitly protected in the U.S. Constitution.
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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.
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.
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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?
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?
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True or false: The Supreme Court extended the right to privacy to unmarried couples in Eisenstadt v. Baird?
True or false: The Supreme Court extended the right to privacy to unmarried couples in Eisenstadt v. Baird?
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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?
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?
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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?
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?
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The right of privacy is explicitly protected in the U.S. Constitution.
The right of privacy is explicitly protected in the U.S. Constitution.
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The concept of privacy in tort law originated in the 19th century.
The concept of privacy in tort law originated in the 19th century.
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The U.S. Privacy Act of 1974 guarantees individuals access to government files pertaining to themselves.
The U.S. Privacy Act of 1974 guarantees individuals access to government files pertaining to themselves.
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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.
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.
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True or false: The federal courts began exploring the constitutional right to privacy after the publication of 'The Right to Privacy' article in 1890?
True or false: The federal courts began exploring the constitutional right to privacy after the publication of 'The Right to Privacy' article in 1890?
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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.
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.
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True or false: The Supreme Court used the Ninth Amendment to find a right to privacy in Griswold v. Connecticut?
True or false: The Supreme Court used the Ninth Amendment to find a right to privacy in Griswold v. Connecticut?
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True or false: The Supreme Court extended the right to privacy to unmarried couples in Griswold v. Connecticut?
True or false: The Supreme Court extended the right to privacy to unmarried couples in Griswold v. Connecticut?
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True or false: Justice Harlan's concurrence in Griswold v. Connecticut relied upon the rationale in his dissenting opinion in Poe v. Ullman?
True or false: Justice Harlan's concurrence in Griswold v. Connecticut relied upon the rationale in his dissenting opinion in Poe v. Ullman?
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True or false: The Supreme Court extended the right to purchase contraceptives to unmarried couples in Eisenstadt v. Baird?
True or false: The Supreme Court extended the right to purchase contraceptives to unmarried couples in Eisenstadt v. Baird?
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According to Louis Brandeis, the right of privacy is described as 'the right to be let ______'
According to Louis Brandeis, the right of privacy is described as 'the right to be let ______'
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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
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
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The U.S. Constitution does not explicitly protect ______, but the right is commonly regarded as created by certain provisions
The U.S. Constitution does not explicitly protect ______, but the right is commonly regarded as created by certain provisions
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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'.
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'.
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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 ________.
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 ________.
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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.”
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.”
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According to the Court, the constitutionally protected right of privacy inheres in the ________, not the marital couple.
According to the Court, the constitutionally protected right of privacy inheres in the ________, not the marital couple.
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In Griswold, the Supreme Court found a right to privacy, derived from penumbras of other explicitly stated constitutional ______.
In Griswold, the Supreme Court found a right to privacy, derived from penumbras of other explicitly stated constitutional ______.
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The Supreme Court relied upon the ______ Amendment to extend the right to privacy to same-sex couples in Lawrence v. Texas.
The Supreme Court relied upon the ______ Amendment to extend the right to privacy to same-sex couples in Lawrence v. Texas.
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In Eisenstadt, the Supreme Court decided to extend the right to purchase contraceptives to ______ couples.
In Eisenstadt, the Supreme Court decided to extend the right to purchase contraceptives to ______ couples.
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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 ______.
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 ______.
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The rights of privacy were initially interpreted to include only protection against tangible intrusions resulting in measurable ______.
The rights of privacy were initially interpreted to include only protection against tangible intrusions resulting in measurable ______.
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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 ______.
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 ______.
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According to the Court, the constitutionally protected right of privacy inheres in the ______, not the marital couple.
According to the Court, the constitutionally protected right of privacy inheres in the ______, not the marital couple.
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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 ______.
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 ______.
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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.'
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.'
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According to Louis Brandeis, the right of privacy is described as 'the right to be let ______'
According to Louis Brandeis, the right of privacy is described as 'the right to be let ______'
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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 ______.
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 ______.
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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
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
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In Eisenstadt, the Supreme Court decided to extend the right to purchase contraceptives to ______ couples.
In Eisenstadt, the Supreme Court decided to extend the right to purchase contraceptives to ______ couples.
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According to Louis Brandeis, the right of privacy is described as 'the right to be let ______'
According to Louis Brandeis, the right of privacy is described as 'the right to be let ______'
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The Supreme Court used the ______ Amendment to extend the right to privacy to same-sex couples in Lawrence v. Texas
The Supreme Court used the ______ Amendment to extend the right to privacy to same-sex couples in Lawrence v. Texas
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The concept of privacy in tort law originated in the ______ century
The concept of privacy in tort law originated in the ______ century
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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 ______'
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 ______'
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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 ______
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 ______
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In Eisenstadt, the Supreme Court decided to extend the right to purchase contraceptives to ______ couples
In Eisenstadt, the Supreme Court decided to extend the right to purchase contraceptives to ______ couples
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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 ______
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 ______
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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.”
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.”
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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 ______.
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 ______.
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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.”
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.”
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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.
Concepts and Legal Implications
- 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.
Important Legal Principles
- 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.
Studying That Suits You
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Description
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.