The Imaginary "Right of Privacy"

Discussion in 'US Constitution' started by DGS49, Jul 18, 2018.

  1. DGS49
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    DGS49 Gold Member

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    It is no secret to anyone interested enough to read the Constitution that there is no "Right of Privacy" in the Constitution or in any amendment. It is a made-up right, which is the basis for, among other things, voiding thousands of anti-sodomy laws, the "right" to have an abortion, and the "right" to marry someone of the same gender.

    So here is the question: If the Right of Privacy actually exists, can any legislature prohibit:

    Consenting adults who are blood relatives (brother-sister) from getting married?
    Polygamy?
    Bestiality that does not physically harm the beast?
    Manufacture and personal use of "controlled substances"?
    Smoking marijuana?
    Gambling among friends?
     
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  2. candycorn
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    candycorn Alis volat propriis

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    The right to privacy need not be codified by the Constitution; as a practical matter it exists in natural law. Otherwise, you’d be unable to prevent me from legally putting your credit card numbers, social security numbers, health records on the Jumbotron at Times Square.
     
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  3. ABikerSailor
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    ABikerSailor Diamond Member

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    You know, I find it really interesting that people will sacrifice a lot of their privacy, just so that they can have the latest goodies on their phones.

    If you willingly give your information to a company, you have lost your right to privacy, because the company will more than likely use that for advertising and bug you with targeted ads.
     
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  4. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    Wrong.

    The Constitution exists solely in the context of its case law, as determined by the Supreme Court.

    “But that’s not in the Constitution” is a failed and ignorant ‘argument.’

    That it was the original intent of the Framers to recognize a right to privacy is settled, accepted, and beyond dispute – the right to privacy is plainly codified in the Third, Fourth, Fifth, and 14th Amendments, placing limits and restrictions on government authority when government seeks to interfere in citizens’ private lives and the conduct of citizens’ private matters.

    Government has the authority to limit, restrict, or prohibit certain activities such as the use of narcotics because like all rights the right to privacy is neither absolute nor unlimited; the right to privacy is not license to do anything one wishes – what private activities government may or may not regulate or prohibit is expressed in privacy rights case law.

    The ignorance of Constitutional law exhibited in the OP is truly troubling, that so many Americans can indeed be this breathtakingly ignorant of the Constitution, its case law, and the fundamentals of American jurisprudence.
     
  5. Davey T
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    Davey T Member

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    No, that is theft.
     
  6. Lysistrata
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    Lysistrata Gold Member

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    Yes. There is a right to privacy. Look up the word "penumbra"? Do you really want government operatives looking over your shoulder at the the polling place? In your doctor's office? In your bank? Your bedroom? The concept of liberty is utterly meaningless without a natural right to privacy. Why do you think that there is a curtain to be drawn when you go to vote, or you are directed to a desk with privacy wings on it when you fill out your ballot?

    When I vote in northern Virginia, I am checked in and given a ballot inside of manila folder. I am directed to take it to a standing desk with privacy shields. After I complete filling out my ballot, I place it back in the folder, and then go to the line at the machine where I place my ballot, all unseen by other eyes. Do you want something different, with government operatives watching everything we Americans do?
     
  7. candycorn
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    candycorn Alis volat propriis

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    Really? How. You still have your credit card numbers, social security numbers, and health records…. Nobody stole them from you.

    And I, the broadcaster, only put the information out there.

    Now, what someone does with it…that may be theft.
     
  8. Wry Catcher
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    Wry Catcher Diamond Member

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    To do any of these things ^^^ will aid and abet someone who might harm another. The person who posted such private numbers does so with an intent, and any theft or other tort will be both a civil and criminal crime.

    One other thought, peeping Tom laws generally make it a crime to view and/or photograph or film a person without his or her consent. Peeping Tom statutes differ from state to state, but they usually require:
    1. That the victim did not realize he or she was being viewed;
    2. That the victim was fully or partially naked, and
    3. That the viewing took place at a place where the victim had a reasonable
     
  9. candycorn
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    candycorn Alis volat propriis

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    Ok but I think we need to be mindful (and I am in NO WAY saying that you are not) that while so many have just sacrificed their privacy to be able to take a picture of their ham sandwich; their actions do not speak for the whole of society. While some do not value their privacy since they are popular, since they are well connected, since they are secure; some people find it a must to maintain their privacy.

    For example, you can be fired in many states for no reason at all. You have no protection. How many homosexuals are closeted to their employers where the boss would be aghast that a gay person is working with their son or daughter? How many recreational drug users are there? How many HIV positive folks hold down jobs in factories where they could possibly be injured?
     
  10. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    There’s a canard conservatives attempt to propagate that because a word or phrase isn’t in the Constitution it’s ‘not in the Constitution’ – nothing could be further from the truth, of course.

    For example, nowhere in the Second Amendment will you find the words ‘individual’ or ‘self-defense’ – but in fact there is an individual right to possess a firearm and there is a right to self-defense pursuant to Constitutional case law.

    Needless to say, we don’t hear conservatives whining about ‘individual’ and ‘self-defense’ not being in the Second Amendment.

    Conservatives can’t have it both ways.
     
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