Tag Archives: Warren Burger

Privacy isn’t in the Constitution – but it’s everywhere in constitutional law

Who’s allowed to watch what you do and say?
Shannon Fagan/The Image Bank via Getty Images

Scott Skinner-Thompson, University of Colorado Boulder

Almost all American adults – including parents, medical patients and people who are sexually active – regularly exercise their right to privacy, even if they don’t know it.

Privacy is not specifically mentioned in the U.S. Constitution. But for half a century, the Supreme Court has recognized it as an outgrowth of protections for individual liberty. As I have studied in my research on constitutional privacy rights, this implied right to privacy is the source of many of the nation’s most cherished, contentious and commonly used rights – including the right to have an abortion – until the court’s June 24, 2022, ruling in Dobbs v. Jackson. Continue reading

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