https://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html
as the privacy
of beliefs (1st Amendment), privacy of the home against demands that it
be used to house soldiers (3rd Amendment), privacy of the person and
possessions as against unreasonable searches (4th Amendment), and the
5th Amendment's privilege against self-incrimination, which provides
protection for the privacy of personal information. In
addition, the Ninth Amendment states that the "enumeration of certain
rights" in the Bill of Rights "shall not be construed to deny or
disparage other rights retained by the people." The meaning of
the Ninth Amendment is elusive, but some persons (including Justice
Goldberg in his Griswold
concurrence) have interpreted the Ninth Amendment as justification for
broadly reading the Bill of Rights to protect privacy in ways not
specifically provided in the first eight amendments.
The question of whether the Constitution protects privacy in ways not
expressly provided in the Bill of Rights is controversial. Many
originalists, including most famously Judge Robert Bork in his
ill-fated Supreme Court confirmation hearings, have argued that no such
general right of privacy exists. The Supreme Court, however,
beginning as early as 1923 and continuing through its recent decisions,
has broadly read the "liberty" guarantee of the Fourteenth Amendment to
guarantee a fairly broad right of privacy that has come to encompass
decisions about child rearing, procreation, marriage, and termination
of medical treatment. Polls show most Americans support
this broader reading of the Constitution.
The Supreme Court, in two decisions in the 1920s, read the Fourteenth
Amendment's liberty clause to prohibit states from interfering with the
private decisions of educators and parents to shape the education of
children.
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