NCJ Number
47908
Date Published
1978
Length
14 pages
Annotation
THE RIGHT OF PRIVACY AND THE CONFLICTING CONSTITUTIONAL ISSUES INVOLVING THE PUBLIC'S RIGHT TO KNOW AND TO BE INFORMED ARE EXAMINED USING RELEVANT CASE LAW AND CONSTITUTIONAL AMENDMENTS AS BACKGROUND.
Abstract
THE RIGHT TO PRIVACY IS THE BASIC HUMAN RIGHT OF EACH INDIVIDUAL TO LIVE WITHOUT UNDUE INTERFERENCE FROM THE GOVERNMENT OR OTHER INDIVIDUALS. THIS RIGHT HAS ITS ORIGINS IN THE PROTECTION GIVEN THROUGHOUT AMERICAN HISTORY TO INDIVIDUAL LIBERTY AND PRIVATE PROPERTY. HOWEVER, THERE IS NO 'RIGHT OF PRIVACY' SPECIFICALLY STATED IN THE UNITED STATES CONSTITUTION; INSTEAD, THE RIGHT TO PRIVACY HAS BEEN PROTECTED THROUGH THE APPLICATION OF VARIOUS PROVISIONS OF THE CONSTITUTION (I.E., THE THIRD, FOURTH, AND FIFTH AMENDMENTS). THE CONSTITUTIONAL PROTECTIONS GENERALLY TEND TO PROTECT INDIVIDUALS FROM UNDUE GOVERNMENT INTRUSION RATHER THAN FROM INTRUSION BY INDIVIDUALS. THE HISTORICAL BACKGROUND OF THE FOURTH AMENDMENT IS DELINEATED. ELECTRONIC SURVEILLANCE AND CRIMINAL INVESTIGATION AND NATIONAL SECURITY CASES ARE TREATED. LIKE THE RIGHT TO PRIVACY, THE 'PUBLIC'S RIGHT TO KNOW' IS NOT SPECIFICALLY MENTIONED OR PROTECTED IN THE CONSTITUTION: THE CONSTITUTION ONLY PROTECTS THE RIGHTS OF INDIVIDUALS TO EXPRESS THEMSELVES WITHIN A CERTAIN FRAMEWORK. THE BASIS OF THE 'PUBLIC'S RIGHT TO KNOW' STEMS FROM THE FIRST AMENDMENT GUARANTEES OF FREEDOM OF EXPRESSION; I.E., FREEDOM OF SPEECH AND FREEDOM OF THE PRESS. IN LIGHT OF THESE FREEDOMS, THE FOLLOWING TOPICS ARE EXAMINED: PRIOR RESTRAINT, SUBSEQUENT PUNISHMENT, LIBEL AND SLANDER, INVASION OF PRIVACY, OBSCENITY AND PORNOGRAPHY, AND MEDIA SOURCES OF INFORMATION. IT IS FOUND THAT THE RIGHT OF PRIVACY CONTINUES TO EXIST, LEGALLY SUPPORTED BY THE CONSTITUTION. NOTES ARE PROVIDED. (JSP)