Death By Privacy

Today, legalized abortion is the “law of the land” because the Supreme Counrt decided in 1973 that it’s recently created constitutional right to privacy also gave them a “constitutional right” to abortion. But if you look in the constitution, you will not find a “right to privacy” as well as a right to abortion. This probably has to do with the fact that its not there! The creators of the constitution, or the “framers”, took no right to privacy because criminal acts (murder, rape, theft, etc) can be commited in privacy. Kind of obvious isnt it.

The modern argument for a right to privacy began in 1961 in Justice John Marshall Harlan’s dessent in Poe v. Ullman¹ The case was brought on behalf of a married couple, a single woman, and an obstetrition.

¹_Poe v. Ullman, 367 U.S. 497 (1961). The first legan mention of a “right of privacy” was in an article in the Harvard Law Review in 1890, written by Louis Brandeis and Samuel Warren, but it was about a different issue entirely: protecting people from an intrusive press.

--Pitu

Posted by Joel on 02/04 at 10:37 PM

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