NCJ Number
17729
Journal
Northwestern University Law Review Volume: 69 Issue: 2 Dated: (MAY-JUNE 1974) Pages: 263-301
Date Published
1974
Length
39 pages
Annotation
REVIEW OF JUDICIAL DECISIONS OF STATE AND LOWER FEDERAL COURTS FROM THE 1965 SUPREME COURT RULING IN GRISWOLD V. CONNECTICUT TO ITS 1972 DECISION IN LAIRD V. TATUM.
Abstract
IN GRISWOLD, THE COURT HELD THAT THE RIGHT OF PRIVACY PROTECTED THE USE OF CONTRACEPTIVES BY MARRIED COUPLES. IN TATUM, THE SUPREME COURT SET UP A 'TANGIBILITY OF PHYSICAL EXISTENCE OF INJURY' TEST AS ITS BASIS FOR DETERMINING THE CONSTITUTIONALITY OF THE MAINTENANCE OF A DATA COLLECTION AND STORAGE SYSTEM SET UP BY THE ARMY. CASE LAW CONCERNING NUMEROUS AREAS OF THE CONSTITUTIONAL RIGHT OF PRIVACY ARE CITED, INCLUDING THE TREND TO LIMIT GOVERNMENT SANCTION OF PRIVATE CONSENSUAL SEX BETWEEN ADULTS, MARRIAGE, PROCREATION, ABORTION, MOTHERHOOD, PARENTHOOD, FAMILY, AND THE HOME. THE AUTHOR ARGUES, HOWEVER, THAT FEW COURTS HAVE RECOGNIZED FUNDAMENTAL PRIVACY RIGHTS BEYOND THESE TRADITIONAL AREAS. HE POINTS TO COURT DECISIONS, SUCH AS TATUM, WHICH REJECT OR MINIMIZE THE THREAT TO PRIVACY CAUSED BY COMPREHENSIVE SURVEILLANCE AND DATA STORAGE SYSTEMS, AND SUGGESTS THAT THE SUPREME COURT REFOCUS ITS CONCEPTION OF THE FUNDAMENTAL RIGHT OF PERSONAL PRIVACY IN LIGHT OF TWENTIETH CENTURY TECHNOLOGY AND THE EXECUTIVE DOMINATED FEDERAL GOVERNMENT. SEVERAL STATE AND LOWER FEDERAL COURT DECISIONS INDICATING A TREND IN THIS DIRECTION ARE EXAMINED, INCLUDING THE 1971 WASHINGTON APPELLATE COURT RULING IN EDDY V. MOORE REQUIRING THE EXPUNGEMENT OF ARREST RECORDS AFTER CHARGES HAD BEEN DISMISSED AT TRIAL.