Privacy

• After Nixon's resignation, the govt took control of all of his presidential records, including the tapes, in the Presidential Recordings and Materials Preservation Act of 1974 – Until his death, Nixon battled for control of the tapes

– Nixon argued that the act was unconstitutional in that it violated the Constitutional principles of separation of powers and executive privilege, and infringed on his personal privacy rights, and First Amendment right of association

• The legal squabbling continued for 25 years, past Nixon's death – He initially lost several cases, but the courts ruled in 1998 that some

820 hours and 42 million papers and documents were his personal private property and had to be returned to his estate

• The Richard Nixon Presidential Library and Museum now houses the tapes and releases additional tapes to the public periodically

New trend of “face-recognition cameras” in schools

Devices in autos are the “wiretaps of the previous century”

http://www.youtube.com/watch?v=K81f8b92IHM&feature=fvst 3:00

http://www.youtube.com/watch?v=7CX9Agzeh-c 0:14

http://www.youtube.com/watch?v=cWIHv7a6luY&feature=fvsr 0:20

Constitutional Right of Privacy

• The word “Privacy” does not appear in the U.S. Constitution, but the U.S. Supreme Court has interpreted a right of privacy to exist for individuals under the following Amendments:

• First Amendment: guarantees freedom of communication and expression of ideas.

• Fourth Amendment: guarantees freedom of association and freedom from unreasonable search and seizure.

• Fifth Amendment: freedom from self-incrimination and right to due process.

• Ninth Amendment: recognizes that rights not specified in the Constitution are vested with the people.

• Fourteenth Amendment: can’t deprive any person of life, LIBERTY, or property, without due process of law

Other Attempts to Define “Privacy”

The right “prevents governmental interference in intimate personal … activities and freedoms of the individual to make fundamental choices involving himself, his family, and his relationship with others.”

- Industrial Foundation of South v. Texas

Invasion of Privacy: “Wrongful intrusion into one’s private activities, in such a manner as to cause mental suffering, shame or humiliation to a person of ordinary sensibilities.” (matters related to marriage, procreation, contraception, family relationships, child rearing)

- Shorter v. Retail Credit Company

Other Attempts to Define “Privacy”

• (1) Autonomy: the capacity of members of society to function as individuals, uncoerced and with privacy

• (2) Intrusion: free from government surveillance and with a reasonable expectation of privacy

• (3) Information Privacy: individual’s right to limit their personal domain by denying access of their personal information to others, or to limit how much personal information they are obligated to give others

Federal Legislative Attempts to Protect Privacy • Privacy Act of 1974 (provides adequate safeguards to prevent misuse of

personal information)

• Freedom of Information Act • Family Educational Rights and Privacy Act of 1974 • Right to Financial Privacy Act of 1978 • Electronic Fund Transfer Act • Privacy Protection for Rape Victims Act of 1978 • Privacy Protection Act of 1980 • Cable Communications Policy Act of 1984 • Electronic Communications Privacy Act of 1986 • Computer Matching and Privacy Protection Act of 1988 • Video Privacy Protection Act of 1988 • Telephone Consumer Protection Act of 1991 • Driver’s Privacy Protection Act of 1994

Topics related to “Privacy”

• Pornography• Rape• Sex• Abortion• Contraception• Death (right-to-die)• Drugs• Marriage• Crime• Family • Education