The United States
The United States
The Polysemy of Privacy: An Analysis of the Many Faces and Facets of the Right of Privacy in the Contemporary United States
This chapter begins the comparative legal analysis of the right of privacy with a study of the use of the concept of privacy in the constitutional jurisprudence of the Supreme Court of the United States. The Supreme Court consistently has recognized that the Fourth Amendment creates a spatial zone of privacy that protects one’s person, papers, effects, car, and home. But, police search and seizure law, and the privacy rights of government employees and students, are hardly the only, or even the most important, context in which the Supreme Court has used privacy as a framing device to secure fundamental human rights. In the context of abortion rights, for example, the Supreme Court recognized a right of privacy that encompassed autonomy with respect to whether a woman will become a parent. This chapter also considers and explains how and why the U.S. approach to protecting privacy rights constitutes a global outlier.
Keywords: United States, privacy, abortion, search, seizure, autonomy, Supreme Court
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