Privacy

     Privacy is inextricably tied up in the Constitutional issues, so that is where is gets the most thorough examination. But there are some materials which deserve to be appended here.  The word "privacy" does not actually appear in the Constitution, but it is construed to be a broad and inalienable right just the same.  The origin of this right is grounded in tort law and a famous, oft quoted, but not so often read 1890 Harvard Law Review article by future supreme court justice Louie Brandeis called "The Right to Privacy". In it, Brandeis asserts that a person ought to be able to sue someone who violates one's right to "privacy." In a most famous passage Brandeis said:

The courts ultimately agreed and a decade or so later a new common law cause of action was born. The term came to be used in a constitutional sense--that is, as limitation on the state's ability to interfere with the enjoyment of life or personal autonomy--some years later.

It was in Olmstead v. United States, 277 U.S. 438 (1928) (5-4) that then Justice Brandeis would apply this notion of privacy to the government in his now famous dissent in this 4th Amendment decision.

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