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The Right of Privacy - Research Paper Example

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The Right of Privacy

However in the United States Constitution does not unequivocally recognize this fundamental right. The motive of makers of the American constitution by avoiding to directly put an article that safeguard the right of privacy was a genuine one. If such like an article would have been inserted in the constitution then it would have been very difficult to protect the general public against individuals or groups that are a threat to the security of the country. The law therefore eliminates cases of people going to court to get court orders to prevent themselves and their property from being searched when law enforcement agencies like the police are carrying out their duties. Simply said, lack of an open law in the constitution of the United States enables law enforcement agencies and especially the police to carry out their duties effectively (Kennedy 59). However this is not to say that American citizens are not protected by the constitution against unjustified harassment and unwarranted invasion on their private places of residences, nor does it take away the citizen’s right to practice happier life. On the contrary the constitution appreciates the need for a safer country with a proper environment for the pursuit of happiness by citizens. The law therefore takes a broader picture with inclusion of the right to life and the right to have an inviolate personality. (The right to be alone) the laws therefore recognize that in a civilized society like that of America, such like rights are fundamental

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and cannot be taken away.(Olmstead Vs US, 1928) the constitution therefore simply trying to protect innocent citizens so that they do not suffer the consequences of malicious actions or thoughts from people and groups with a negative intention of causing harm to others (Supreme court 7). Another important point to make is that, as much as the right to privacy is not directly rooted in the constitution of America, it (Right to Privacy) is deeply seated in tenets of ethics of American lifestyle and values safeguarded b the constitution of America. The right of privacy is protected through the following ways; i) The Bill of Rights and Common Law Even though the American constitution does not explicitly talk about protection of privacy using the word ‘privacy’ the supreme court has confirmed that their exists the right of privacy in the common law and Bill of Rights. The fourth amendment in the Bill of Rights safeguards people’s papers, homes and their personalities against unrealistic seizures and searches by states and governments (Lankford 21). The initial amendment emphasizes this by safeguarding freedom of speech, religion, assembly and press and utterly defends the autonomy of thought as well as intellect (Olmstead v US). ii) Public Libraries Precedent has been set by the initial decision by the Supreme Court that completely articulated the protection of privacy in the case Griswold v. Connecticut. The court ruled that the protection of privacy integrated the entitlement by couples that are married to make use of family planning methods. The case was listened to in Griswold, and the jury stated clearly in writing to the court, the Bill of Rights very clearly creates privacy zones in initial Amendment of association Rights, the Tipple Amendment on barring the army to quarter in a place of residence, the Quadruple Amendment which guarantees safety in an individual’s house, person, papers and effects. He courts have further

Summary

Surname: Course: Lecturer: Date:  The Right of Privacy The right of privacy is a human entitlement safeguarded by both statutory and common law and has been contingent to the constitution of America. It has expanded to a freedom of personal independent safeguarded by the fourteenth amendment (Warren 22)…
Author : ysmith
The Right of Privacy essay example
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