Consider elements of the majority opinion written by William O. Douglass in Griswold v Connecticut (1965) (Links to an external site.) which led to an expanded interpretation of the right to privacy in American jurisprudence (full text can be found below):

https://www.law.cornell.edu/supremecourt/text/381/479 (Links to an external site.): 

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“The association of people is not mentioned in the Constitution nor in the Bill of Rights. The right to educate a child in a school of the parents’ choice — whether public or private or parochial — is also not mentioned. Nor is the right to study any particular subject or any foreign language. Yet the First Amendment has been construed to include certain of those rights. […]

 The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment, in its prohibition against the quartering of soldiers “in any house” in time of peace without the consent of the owner, is another facet of that privacy. The Fourth Amendment explicitly affirms the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Fifth Amendment, in its Self-Incrimination Clause, enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” […]

The present case, then, concerns a relationship lying within the zone of privacy created by several fundamental constitutional guarantees.”

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Directions

This is a two-part assignment.  The primary goal is to allow students to demonstrate evidence of comprehension.  The minimum recommended word count for the initial post is 700 words (not including direct quotations).  In your initial response due THURSDAY, January 27th (11:55PM), directly address the following points:

1)  From where is the right to privacy derived?

2)  What does Justice Douglass mean by “penumbras” and “emanations”? 

3)  Do you agree that the right to privacy is a “fundamental” American privilege? Why, or why not?

Follow-Up Reply Directions

After your initial submission, select 2 posts from your peers and respond to them by Sunday, January 30th (11:55pm).  The responses should be similar in quality to your initial post in terms of depth of thought and content.  Quality responses do not simply agree with the author but substantially expand the  discussion.  

Please see the rubric attached.