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The Right to Privacy

2 October, 2015 - 17:48

LEARNING OBJECTIVES

  1. Ascertain the constitutional amendments that support a right to privacy.
  2. Ascertain three constitutionally protected individual interests that are included in the right to privacy.

The federal Constitution does not explicitly protect privacy. However, several of the amendments in the Bill of Rights ensure and protect individual decision making and autonomy from governmental intrusion. Thus modern interpretations of the Constitution by the US Supreme Court have created a right to privacy. 1 This right is considered fundamental and subject to strict scrutiny; only a compelling government interest can justify a statute encroaching on its protections. Many states include an explicit right to privacy in their state constitutions. 2