This Day On The Street
Continue to site right-arrow
ADVERTISEMENT
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
TheStreet Open House

Your Constitutional Right to Privacy

The following is a transcript of " The Legal Lad's Quick and Dirty Tips for a More Lawful Life, " a podcast from QuickAndDirtyTips.com . The audio program is available via RSS feed here and at TheStreet.com's podcast home page .

Hello, and welcome to Legal Lad's Quick and Dirty Tips for a More Lawful Life.

My name is Dan. Legal Lad is spending time with his family this week and I'm filling in for him.

But first, a disclaimer: Although Legal Lad is an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Legal Lad does not intend to create an attorney-client relationship with any listener.

Today's topic is the constitutional right to privacy. Dewayne wrote:

Is there a Constitutional right to privacy? Some sources say that it is implicit in the Constitution, while others say that the right to privacy is a myth.

Well Dewayne, you have just stumbled across one of the most hotly contested constitutional questions today. The short answer is that current Supreme Court jurisprudence recognizes a right to privacy embedded in the Constitution, but at least two sitting justices and many legal scholars have called this "right" a myth propagated by "activist" judges.

At this point in the episode, Legal Lad normally cites the text of the constitution to begin his analysis. However, the words "right to privacy" simply do not appear in the document. The first case that expressly recognized a right to privacy was Griswold v. Connecticut, a 7-2 opinion. The State of Connecticut had passed a law criminalizing the distribution of any drug or medicinal instrument for the purpose of preventing conception in any situation. Estelle Griswold, the director of a New Haven Planned Parenthood clinic, was arrested after a married couple was given contraceptives by a doctor at the clinic. The director challenged the constitutionality of the law, arguing that it violated due process rights under the Fourteenth Amendment.

1 of 4

Check Out Our Best Services for Investors

Action Alerts PLUS

Jim Cramer and Stephanie Link reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

Jim Cramer's protégé, David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
Try it NOW
Try it NOW
Try it NOW

Check Out Our Best Services for Investors

Dividend Stock Advisor

Jim Cramer's protégé, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Options Profits

Our options trading pros provide over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • Actionable options commentary and news
  • Real-time trading community
Try it NOW
Try it NOW
Try it NOW
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!

Markets

DOW 17,387.21 -291.49 -1.65%
S&P 500 2,029.55 -27.54 -1.34%
NASDAQ 4,681.4970 -90.2660 -1.89%

Partners Compare Online Brokers

Free Reports

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs