Omar Bennett
Although the U.S. Constitution does not explicitly mention a right to privacy, the Supreme Court has inferred it from the language of the First, Third, Fourth, Fifth, and Ninth Amendments. In Gilbert v. Minnesota (1920), Justice Louis D. Brandeis stated that the First Amendment protected the privacy of the home. In Griswold v. Connecticut (1965), Justice William O. Douglas placed a right to privacy in a “penumbra” cast by the First, Third, Fourth, Fifth, and Ninth Amendments. The Russian Constitution, on the other hand, specifically mentions the right to privacy in articles 23 and 24.
| Characteristics | Values |
|---|---|
| Privacy in the home | Protected by the First Amendment, according to Justice Louis D. Brandeis |
| Right to privacy | Inferred by the Supreme Court from the First, Third, Fourth, Fifth, and Ninth Amendments |
| Right to seclusion | Right to be free from public interference |
| Right to protect rights and freedoms | By all means not prohibited by law |
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What You'll Learn
The First Amendment
Although the US Constitution does not explicitly mention a right to privacy, the Supreme Court has inferred it from the language of the First, Third, Fourth, Fifth, and Ninth Amendments.
In Gilbert v. Minnesota (1920), Justice Louis D. Brandeis stated that the First Amendment protected the privacy of the home. In Griswold v. Connecticut (1965), Justice William O. Douglas placed a right to privacy in a “penumbra” cast by the First, Third, Fourth, Fifth, and Ninth Amendments.
The Fifth Amendment in its Self-Incrimination Clause enables citizens to create a zone of privacy that the government may not force them to surrender. The Ninth Amendment provides: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Privacy generally refers to an individual’s right to seclusion, or right to be free from public interference. For example, individuals may assert a privacy right to be “let alone” when the press reports on their private life or follows them around in an intrusive manner on public and private property.
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The Third Amendment
Although the U.S. Constitution does not explicitly mention a right to privacy, the Supreme Court has inferred it from the language of the First, Third, Fourth, Fifth, and Ninth Amendments.
In the context of privacy, the Third Amendment reinforces the notion that individuals have a right to be free from government intrusion in their private spaces. It recognises the importance of personal autonomy and the sanctity of one's home, setting a precedent for other privacy-related rights.
While the Third Amendment primarily focuses on the physical space of one's home, its implications extend beyond that. It underscores the broader principle of protecting citizens' privacy and personal liberties from government overreach. This amendment, along with others, forms the foundation for a legal framework that safeguards individuals' rights and ensures their freedom from unwarranted government interference.
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The Fourth Amendment
The amendment has been interpreted by the Supreme Court in a number of cases, including *Katz v. United States* (1967), which established that the Fourth Amendment protects people, not places, and that a warrant is required for any search that violates a person's reasonable expectation of privacy. In *Terry v. Ohio* (1968), the Court held that a police officer may briefly detain a person based on reasonable suspicion of involvement in criminal activity and may frisk the person for weapons if there is reasonable suspicion that they are armed and dangerous.
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The Fifth Amendment
Although the Constitution does not explicitly mention a right to privacy, the Supreme Court has inferred it from the language of the First, Third, Fourth, Fifth, and Ninth Amendments.
In Gilbert v. Minnesota (1920), Justice Louis D. Brandeis stated that the First Amendment protected the privacy of the home. However, in Griswold v. Connecticut (1965), Justice William O. Douglas placed a right to privacy in a "penumbra" cast by the First, Third, Fourth, Fifth, and Ninth Amendments.
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The Ninth Amendment
In the case of Griswold v. Connecticut (1965), Justice William O. Douglas placed a right to privacy in a "penumbra" cast by the First, Third, Fourth, Fifth, and Ninth Amendments. This means that the right to privacy is implied by the existence of these other rights.
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Frequently asked questions
No, there is no explicit mention of privacy in the US Constitution.
The First, Third, Fourth, Fifth, and Ninth Amendments have been interpreted as protecting privacy.
The Self-Incrimination Clause of the Fifth Amendment enables citizens to create a zone of privacy which the government may not force them to surrender.
The Ninth Amendment states that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Yes, articles 23 and 24 of the Russian Constitution institute the right to privacy.
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