Privacy, Protected by the Constitution?

Does the constitution imply a right to privacy? There is no clear 'right' answer to this question. Your answer depends on how you read the constitution, whether you believe the constitution is a static or dynamic document, etc. But it is clear that the framers were concerned with privacy and that it is at least partially protected (See: amendment 1, 3, 4, 5, and 9 and 14).

What do you think, does the U.S. constitution / Bill of rights protect privacy, particularly in relation to technology / the internet?

Also, does your state constitution enhance the protection of your privacy?

A review of the constitutions of the 3 largest states (California, Texas, and New York) shows some variation. Article 1, Section 1 of the California Constitution explicitly defines privacy as an inalienable right. The Texas constitution doesn't appear to offer privacy protection above and beyond what is guaranteed by the bill of rights (protection from unreasonable search and seizure, etc). The NY constitution doesn't go as far as California by explicitly recognizing privacy as a fundamental right, but it does go one step further than the U.S. constitution. Article 1, Section 12 of the NY Constitution explicitly protects people from unreasonable/unwarranted search, seizure, and interception of telephone/telegraph communication.

 

The authors of the constitution had no way of foreseeing what we're dealing with now. There just wasn't that many ways to invade privacy then. I believe privacy protection is implied but the need to specify it then didn't exist. Today, the constitution and bill of rights are little more than pieces of paper that government ignores at will. Nothing short of a mass popular uprising will change that. The only privacy you have is what you can guarantee for yourself.