Question

The right to privacy is recognized in all US states but can be interpreted quite broadly. However, the courts will typically follow what rules when making privacy related decisions?

Answer 1

Answer:

When making PRIVACY related decisions in the courts in the US, the courts will base their decisions on the Fourteenth Amendment.

Explanation:

The Fourteenth Amendment adopted in July 9, 1868, addresses the citizenship's right and equal protection under the law and was proposed to response to issues related to former slaves after the American Civil War.

The courts mostly base their judgements on Section 1 of the Amendment which expressly stated that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunity of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws".

Answer 2

Answer:

The right to privacy usually implies right to personal autonomy, or the right to choose to be involve in certain acts / experiences or not to. numerous amendments to the Constitution of the United State have been employed in varying levels of success in deciding the right to personal autonomy, namely:

  The First Amendment provides the privacy of beliefs

   The Third Amendment protects the privacy of individual in their homes.

   The Fourth Amendment protects privacy against inappropriate searches

   The Fifth Amendment guides against self-incrimination, which culminate to provide the privacy of personal information

   The Ninth Amendment stipulated that the "enumeration in the Constitution of certain rights shall not be construed to deny or disparage other rights retained by the people." This was translated as the major consideration to hear the Bill of Rights to protect privacy in ways not stipulated in the previous amendments.

The right to privacy is usually quoted in the Due Process Clause of the fourteenth Amendment, which states:

No state shall make or enforce any law which shall abridge the privileges or immunity of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.