Submitted by Gene Howington, Guest Blogger
Reasonable people tend to agree there is both a right to privacy and that it is necessary. But what exactly is the right to privacy? Justice Brandeis famously said in Olmstead v. U.S., 277 U.S. 438, 479 (1928), “The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone-the most comprehensive of rights and the right most valued by civilized men. To protect, that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment. And the use, as evidence in a criminal proceeding, of facts ascertained by such intrusion must be deemed a violation of the Fifth.” Plainly put, at its heart a right to privacy is simply a right to be let alone.
However, do we need to specifically protect it or generally protect it? Is that right absolute? Laws, by definition and the nature of entering a social compact, are restrictions on absolute liberty found in the state of nature. One of the larger disagreements at the Constitutional Convention was about whether enumerated rights would serve to unjustly limit those rights versus a failure to enumerate rights would result in rights not being properly protected. This is a valid question surrounding this issue, especially since some would advocate enumerating the right to privacy by Constitutional amendment. There are advantages and disadvantages to both approaches. While specifically defining/enumerating a right creates a foundation for arguments surrounding said right, leaving a right’s definition nebulous allows jurisprudence greater leeway to evolve around fact specific instance and questions that in the long run can result in a more nuanced understanding and application of the right without the constraints a foundational definition might impose. In this light, consider the right to privacy.
Continue reading ‘Privacy Rights – To Enumerate or Not to Enumerate, That is the Question’
Rev. Fred L. Shuttlesworth is ranked alongside Rev. Martin Luther King Jr. and the Rev. Ralph David Abernathy as one of the nation’s civil rights leaders. He was 89 when he died on Oct. 5 in Birmingham, Alabama. Shuttlesworth survived bombings, beatings, and the business end of a fire hose that left him chest injuries. Shuttlesworth was often on the front lines of civil rights protests.
Governor Rick Scott (R-Florida) imagines that welfare recipients were likely drug addicts so he signed a law that mandates drug testing before they can receive cash benefits from the state. “The goal of this is to make sure we don’t waste taxpayers’ money,” Scott said. How’s that working out? About 2 percent have tested positive and ninety-six percent proved to be drug free — leaving the state on the hook to reimburse the cost of their tests.
There are two ways to increase your chances of winning an election, get more voters to cast their ballots for you, or get fewer voters to cast their ballots for your opponent. The GOP had decided to pursue the latter option.
It’s been nearly a decade since the death of Manadel al-Jamadi, an Iraqi prisoner known as “the Iceman.” In Alexandria, Virginia, a secret federal grand jury has begun calling witnesses in its investigation of the death of “the Iceman”. Manadel al-Jamadi was killed while in CIA custody at Abu Ghraib and got his nickname from an attempt to keep his body cool and make him look less than dead.
John T. Williams, a Native American woodcarver, died after being shot 4 times by Officer Ian Birk on August 30, 2010. Dashcam video is shown below.
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