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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Sunday, December 08, 2019

Privacy: Two Examples

I have written much here on the constitutional right to privacy, which is still sneered at by some as a general concept, including how it was honored in various ways before Griswold v. Connecticut. One example would be when official bible reading in public schools was struck down as unconstitutional and repeated reference was made in multiple opinions on the "private" nature of religious beliefs and practices. It is one of various good opinions by Justice Clark, perhaps the only worthwhile Truman SC appointee and basically a conservative.

A matter of privacy rights came up when a Republican asked the impeachment witnesses last week if they voted for Trump. An election law professor noted there is no constitutional right to have a secret ballot though I would add that statutorily that is the case. Various cases back to the 19th Century honored some sort of "private" zone against congressional investigators. Watkins v. U.S. (1950s) broadly speaks of that. And, who you voted for would generally seem to be covered by its principles. They refused to answer that.

The "legitimate public purpose" test overall implies a protected private zone and both enumerated and unenumerated rights so secure. "Privacy rights" is a catchall.

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