Justice Douglas and Privacy Rights - Essay Example

Only on StudentShare

Extract of sample
Justice Douglas and Privacy Rights

Hence, the doctrine of privacy rights was born.
There are two fundamental aspects of Justice Douglas' statements which should be addressed here. The first is Incrementalism; the idea that privacy is not taken away in a day by one major act, but rather eroded over time. For Justice Douglas, the government may "intrude into the secret regions" of an individual's life through its actions which, almost imperceptibly, use the massive power of the federal system to weaken the standing of an individual. Secondly, Justice Douglas articulates the "Big Brother" principle; in the name of protecting us or advancing us, the government requires more access to our lives. In other words, we have a benevolent overseer who will, if allowed, take care of us; but only at the cost of our individual freedoms.
At the end of the day, Justice Douglas may be guilty of some excesses, but he has a good point. Privacy is important to individuals who live in a free society, and that right should be protected. ...
Download paper

Summary

Justice Douglas, in Griswold v. Connecticut, 381 U.S. 479 (1965), began firmly framing a constitutional right to privacy where one had previously existed only in shadow. His recipe was a various mix of Amendments within the Bill of Rights although how, exactly, the right to freedom of speech and assembly (First Amendment) interacts with the right to not be forced to quarter soldiers during peacetime (Third Amendment) never really coalesced into a solid doctrine for some…
Author : casperona

Related Essays

Employment Law (Testing & Privacy Rights)
They could be covered by state laws affecting who may or may not be tested....
2 pages (502 words) Essay
International privacy rights a primer
As a worker in the international work place it is increasingly important to ensure that violation of the customer or consumer information does not take place either inadvertently and most certainly not deliberately. Since privacy laws in different countries are varied, there is a need to be sensitive to each country's privacy regulations so that confidentiality of the customer's information is protected. Citizens of developed states as the United States of America and countries of the European Union are particularly sensitive to privacy. In any case, irrespective of the applicability of legal...
2 pages (502 words) Essay
Employee privacy rights
Many employees stealing from companies send the purloined data to their personal e-mail21 percent burned the information onto CDs." Due to these technological security issues, employers feel the need and have the capability to monitor their employees. E-mails, voice mails, the Internet, telephones, and computers can be use for unregulated monitoring. Employees say this is an invasion of their privacy. Companies say this is a protection of their assets. The law is not clear on whether companies are invading employees' privacy rights regarding information technology so policies must be set and...
2 pages (502 words) Essay
Law of Privacy
They did not identify a new tort, but rather a new right that ought to be protected by tort law. That new right in turn was derived from an old right, perhaps a natural right, namely the right to be let alone. In light f these origins, it would have been surprising if the tort protection given to privacy remained confined within the narrow bounds f public disclosure. The very theory f torts upon which privacy was based implied its fluidity....
7 pages (1757 words) Essay
Law Of Privacy
This evaluation fundamentally misses the conceptual approach to tort law advanced by Warren and Brandeis in finding a right to privacy and elaborating some aspects οf that right. They did not identify a new tort, but rather a new right that ought to be protected by tort law. That new right in turn was derived from an old right, perhaps a natural right, namely the right to be let alone. In light οf these origins, it would have been surprising if the tort protection given to privacy remained confined within the narrow bounds οf public disclosure. The very theory οf torts upon which privacy...
10 pages (2510 words) Essay
Got a tricky question? Receive an answer from students like you! Try us!