Right to Privacy Concepts
The big picture: What you need to know and why.
Is There A Right to Privacy?
The Constitution does not explicitly guarantee any "right to privacy"Over time, however, courts have established some privacy rightsThree legal bases for privacy rights: privacy torts, explicit gua...
Privacy Torts
Privacy torts allow individuals to sue for violations of their privacyFour types of privacy torts: private facts, intrusion, false light, appropriationPrimarily used to protect individuals against...
Expressed Privacy Rights in the Constitution
No part of the Constitution explicitly refers to privacyBut the Bill of Rights protects certain aspects of privacyCourts have viewed Fourth Amendment as partial guarantee of privacy The Constitutio...
Implied Privacy Rights in the Constitution
Supreme Court has ruled that a fundamental right to privacy is implied in the ConstitutionJustice William Douglas wrote that a broad right to privacy could be found in the "penumbras" (shadows) of...
Strict Constructionism and Privacy
Conservative legal scholars have challenged the implied existence of privacy rights within "penumbras" of the Bill of RightsStrict constructionists argue against any broad interpretation of the lan...