The United States, sadly and surprisingly, leads the world in violation of citizens’ privacy. We share that honor with Communist China, Singapore, England, and Russia among others. The following is a link to the story:
Privacy International
England is no longer free. Thousands of cameras track its citizenry. In one example from England, related to a case I am pursuing here,
England has over 4,000 traffic cameras with no reduction in vehicle accidents. One of England’s strangest intrusions on civil rights is the Anti-Social Behavior Order legislation approved by parliament. Type ASBO and England into your search engine if you haven’t heard of this travesty.
In the United States we have some privacy protections but they are waning. The right to privacy is not spelled out in the Constitution but it is implicitly there. For example, the 9th Amendment says that even though the Constitution clearly sets forth certain rights, the people have other rights not listed in the Constitution. I believe one of those rights not specifically listed is the right to be left alone by our government.
Supreme Court Justice Justice Brandeis’s dissent in Olmstead v. U. S. (1928) points us in the right direction:
“The makers of our Constitution understood the need to secure conditions favorable to the pursuit of happiness, and the protections guaranteed by this are much broader in scope, and include the right to life and an inviolate personality — the right to be left alone — the most comprehensive of rights and the right most valued by civilized men. The principle underlying the Fourth and Fifth Amendments is protection against invasions of the sanctities of a man’s home and privacies of life. This is a recognition of the significance of man’s spiritual nature, his feelings, and his intellect.”
Cases that deal with privacy include:
Meyer v Nebraska (1923)
Griswold v Connecticut (1965)
Stanley v Georgia (1969)
Ravin v State (1975)
Kelley v Johnson (1976)
Cruzan v. Missouri Dep’t. of Health (1990)
Lawrence v Texas (2003)
The Bill of Rights (and 14th Amendment) Provisions Relating to the Right of Privacy
First Amendment: privacy of beliefs:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The Third Amendment: privacy within the home:
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Fourth Amendment: privacy of the individual and his or her possessions:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Ninth Amendment leaves rights intact even though they are not named in the Constitution:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The Fourteenth Amendment guarantees us Liberty:
No State shall… deprive any person of life, liberty, or property, without due process of law.
We could also look to another founding document for guidance: The Declaration of Independence that states: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Of all the presidential candidates running Republican Ron Paul is the most concerned with personal liberty. Of course that may be why he was denied a spot at the Des Moines, Iowa debate. I pray that his message gets out there. I have never donated to a Republican presidential candidate but I intend to donate to Ron Paul’s campaign this year. Our “Land of Liberty” is becoming a land without privacy.