Privacy: A Right?
Humans always argue the right to freedom of speech, expression, etc. However, is there such a thing as a Right to Privacy? Should humans be able to do what they want without anyone else knowing? If you agree, to what level should this be enforced? Suppose technology reaches the stage where you can track anyone, will rights be breached?
Absolutely its a right. Its an implied right by means of the fourth amendment. If others had the right to be able to see and look through your personal life then there would be no need for the fourth amendment.
QUOTE |
Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
Based upon what I have learned about the 4th Amendment, there was no intent towards protecting privacy. It was about protecting property.
Now, it is possible to argue that privacy is directly related to property. However, I believe that this idea has been taken way too far.
I don't really have a problem with laws protecting privacy, at least to a certain extent. However, when they interfere with parental rights, for example, then they have gone too far.
I think that "privacy" rights need to be defined and protected by legislation, not by court decree, as has been the primary method of defining them.
I don't believe that the Constitution of the United States protects privacy rights. It certainly doesn't explicitly do so. All of the court decisions regarding privacy have required that the courts "interpret" that right into the Constitution.
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Privacy and Property seems to be linked strong, and you cannot touch one without affecting the other. As far as I am concerned what goes on in my home should be my business and no one elses unless I am doing something illegal that can affect others. Now you may say that you cannot know if one is doing something illegal unless you have access to their private life and that would be true, so herein lies the decision maker: do I really have full rights over my property and person? Indirectly the answer is no, because you are part of something greater, you are not king, or monarch, but just a mere citizen. Thus, if something you do will affect other citizens then they will want to know about it. This is how I see it based on general international laws and not just the US Constitution. Of course specific countries can make this more demanding like China.
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A man and his rights are too often departed, by virtue of the following: voluntarily waiving, submissfully yielding, and most often than not he may not be aware of his inhereted rights. Privacy is an inalienable right under the concept of freedom. The right to be free encompassess many acts and negative acts. Freedom in its purest sense of the lawful term is to be free to act and to be free from certain acts. Every man has the endowed right not to be unlawfully searched in his papers and property. How can say a country is a free country when its government unlawfully searchers its Citizens papers and property.
The Constitution for the United States of America negates the federal government of unlawful seisures of property and papers.