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The Right To Privacy

The Right To Privacy

I think using a metaphor to decide the law increases the chances of misinterpreting the law because the metaphor can be interpreted in different ways. Using a metaphor to decide the law may also cause uncertainties in determining whether a law applies in specific situations because of different interpretations of the metaphor. For example, the penumbra metaphor can only be interpreted as implied power by someone with a background in law. Anyone who does not have a background in law may misinterpret the metaphor by focusing on the literal meaning of the term penumbra. Therefore, it is vital to elaborate the metaphor when explaining a legal issue to someone with no legal background because it has gained popularity in the United States legal system because of its use in cases involving the “right to privacy.” we offer help in timely and reliable assignment completion.

According to Chin-Rothmann (2022), the “right to privacy” in the First Amendment includes protection against state action in a person’s family life or home. However, various cases ruled by the Supreme Court suggest that the “right to privacy” extends beyond freedom from interference in the home or family life to the privacy of one’s beliefs and decisions. For instance, in the Griswold v. Connecticut (1965) case, the court acknowledged the “right to privacy” of a person’s decision by ruling that individuals could use contraceptives without government interference (Chin-Rothmann, 2022). The Planned Parenthood v. Casey case also suggested that the “right to privacy” also covers protection from government interference in personal decision-making (Chin-Rothmann, 2022). During the hearing, the Supreme Court held that the “right to privacy” protects citizens from government interference in intimate family matters.

The Roe v. Wade case demonstrated the relationship between the “right to privacy” and reproductive rights. Although the “right to privacy” is essential in ensuring that people freely exercise their reproductive rights, there are other aspects of everyday life that I think the “right to privacy” should include. For example, I think that the “right to privacy” should also apply to the disclosure of information about a person’s sexual orientation. I believe individuals should not be forced to disclose information about their sexual orientation because it is an intimate matter. I also think the “right to privacy” should include decisions relating to a person’s health. For example, people should be protected from government interference when making decisions about their health as long as the decision does not harm others.

 References

Chin-Rothmann, C. (2022). What privacy in the United States could look like without Roe v. Wade. CSIS. https://www.csis.org/analysis/what-privacy-united-states-could-look-without-roe-v-wade

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Question 


For this discussion forum, be sure you have reviewed the legal issues in the Right to Privacy Cases (the abortion cases). The cases are long, so you should skim them. Or you might choose to listen to some/all of the oral arguments, and/or you might choose to review the shorter articles, which aren’t so heavily seeped in legal jargon.

The Right To Privacy

The Right To Privacy

What is important to focus on is that The 2022 Supreme Court decision in Dobbs v. Jackson’s Women’s Health Organization overturned Roe v. Wade (1973) and its progeny and declared that the court no longer considered abortion to be a constitutional right as part of an individual’s right to privacy from government interference. [Progeny means related cases after Roe v. Wade was decided, like Planned Parenthood v. Casey].
Right to Privacy is the focus of this discussion forum. However, the “Right to Privacy” is not mentioned explicitly in the U.S. Constitution.
Read the definition of “Penumbra of Privacy” found here. You will read that in legal terms penumbra is most often used as a metaphor describing a doctrine that refers to implied powers of the federal government.
For this forum, please answer the following:
What do you think of the use of a metaphor to decide law?
What is the “right to privacy” (cite one or more of the cases to support your response of how the Court has construed “privacy”)?
Aside from reproductive rights discussed in these cases, are there other aspects of everyday life that you think the “right to privacy” should include?

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