Afterword
Half a century has passed since Griswold and Katz created the modern system of privacy rights. Unlike the freedom-of-contract decisions of the first half of the twentieth century, privacy rights cases have been enjoyed relatively widespread support. Indee
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William C. Heffernan
Privacy and the American Constitution New Rights Through Interpretation of an Old Text
William C. Heffernan John Jay College of Criminal Justice City University of New York John Jay College of Criminal Justice New York, New York, USA
ISBN 978-3-319-43134-5 DOI 10.1007/978-3-319-43135-2
ISBN 978-3-319-43135-2 (eBook)
Library of Congress Control Number: 2016948367 © The Editor(s) (if applicable) and The Author(s) 2016 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Cover illustration: © Cultura RM / Alamy Stock Photo Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Acknowledgements
In writing law review articles on the Fourth Amendment and its exclusionary rule over the course of the last 20 years, I routinely encountered comments in Court opinions about the Constitution’s solicitude for privacy. At first, I took those comments as givens and simply used them to buttress positions I was advancing. But after a while I began to wonder about the source of the rights I was taking for granted. In particular, I wondered how a text that explicitly protects property, free speech, and religious conscience but says nothing about privacy can nonetheless be said to protect it—and can be said to protect it more robustly, at least on some occasions, than it protects property rights. It’s important, then, for me to start out by acknowledging that the questions posed in this book were prompted by judicial opinions themselves—by textually unsupported claims about the Constitution’s concern for privacy. As I tried to fill in the blanks left by Supreme Court opinions that discuss privacy, I found I was coming up with blanks of my own. I’m grateful to Mike Cullina, John Laffey, and Steve Wasserman for putting up with my speculative arguments as I felt my way through the pe
