Also known as: rights to privacy · right of privacy · privacy right · constitutional privacy
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A fundamental liberty interest protected by the Due Process Clause that shields certain intimate personal decisions from unwarranted governmental interference. The interest encompasses choices about contraception, marriage, and family formation. Restrictions on access to contraceptives or other core reproductive decisions trigger heightened scrutiny.
A fundamental liberty interest protected by the Due Process Clause that shields certain intimate personal decisions from unwarranted governmental interference. The interest encompasses choices about contraception, marriage, and family formation. Restrictions on access to contraceptives or other core reproductive decisions trigger heightened scrutiny.
Select any source to read its text and confirm it supports the definition.
A common-law interest that subjects one who invades another's privacy to liability for resulting harm. The interest is invaded by unreasonable intrusion upon seclusion, appropriation of name or likeness, unreasonable publicity given to private life, or publicity placing the person in a false light.
Select any source to read its text and confirm it supports the definition.
A common-law interest that subjects one who invades another's privacy to liability for resulting harm. The interest is invaded by unreasonable intrusion upon seclusion, appropriation of name or likeness, unreasonable publicity given to private life, or publicity placing the person in a false light.
Each sense below has its own examples, sources, and questions.
Roland Rhodes, an adult customer, attempted to purchase nonprescription contraceptives at a general retail store. State law confined all such sales to licensed pharmacies and required physician approval for buyers under sixteen. Rhodes and a minor plaintiff challenged the restrictions, arguing they unduly burdened the fundamental privacy right concerning contraception.
Rosa Ruiz, an unmarried adult, was denied access to contraceptives under a state statute that permitted distribution only to married persons. Ruiz challenged the law as violating equal protection by burdening the privacy right of unmarried individuals. The court struck down the statute, holding that the right of privacy inheres in the individual regardless of marital status.
Ryan Roberts and his spouse sought to obtain contraceptives for use within their marriage. A state criminal statute prohibited the use of any contraceptive by married couples. The couple challenged the law, contending that it violated the constitutionally protected zone of privacy surrounding the marital relationship.
Radiance Media employees challenged a state program that collected and stored the names and addresses of patients prescribed certain medications. The database was accessible only to a limited group of officials and protected by criminal penalties for unauthorized disclosure. The court upheld the program, holding that reasonable safeguards prevented any impermissible invasion of the right to privacy.
The right is inferred from the penumbras of several Bill of Rights guarantees and protected by the Due Process Clause. It covers intimate decisions such as contraception and marriage.
Supporting sources
Yes. The right inheres in the individual and forbids marital-status classifications that limit distribution of contraceptives to married persons only.
Supporting sources
Collection does not violate the right when the state maintains reasonable safeguards against public disclosure and uses the data only for legitimate regulatory purposes.
Supporting sources
Ronald Reed installed a hidden camera in the bedroom of his neighbor Renee Rogers without her knowledge. Rogers discovered the device after noticing unusual activity and sued Reed for damages. The court held that the secret recording constituted an unreasonable intrusion upon seclusion that would be highly offensive to a reasonable person, triggering liability under the right to privacy.
Rebecca Ross discovered that a local business had used her photograph in an advertising campaign without permission. Ross sued the business for damages arising from the appropriation. The court found that the unauthorized commercial use of her likeness invaded her right to privacy and entitled her to recovery for the resulting harm.
Invasion occurs through unreasonable intrusion upon seclusion, appropriation of name or likeness, unreasonable publicity given to private life, or publicity placing the person in a false light.
Supporting sources
No. Liability extends to nonphysical intrusions such as secret recordings or unauthorized commercial use of a person's likeness.
Supporting sources
…statutes were vague and uncertain, in violation of the Fourteenth Amendment, and that they violated his own and his patients' rights to privacy in the doctor-patient relationship and his own right to practice medicine, rights he claimed were guaranteed by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. John and Mary…