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1965
6
Title
Implied Fundamental Rights
952
Topic
Substantive Due Process: Privacy, Personhood, and Family
Griswold, the director of Planned Parenthood, was arrested for providing advice to married couples in violation of a noncontraception statute. Griswold contends that the statute violates the 14th Amendment.
Rule
o A right of personal privacy emanates [to come from a source] from the penumbras [gray area] of the Bill of Rights,
and it cannot be invaded absent a showing that the legislation is necessary to accomplish a compelling state
interest.
o A broad constitutional right of privacy protects intimate aspects of personal life from governmental intrusion. (i.e.,
the bedroom of a married couple).
Constitutional Law 6e
Geoffrey R. Stone,...
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Privacy Information
Specific guarantees in the Bill of Rights have penumbras (Creates Zone of Privacy)
o They guarantees that help give them life and substance.
o They create zones of privacy.
o The Third Amendment's prohibition against the quartering of soldiers, the Fourth Amendment's right of people to be
secure in their persons, the Fifth Amendment's right against self-incrimination, and the Ninth Amendment's right to
retain rights not enumerated in the Constitution
Quick Notes
Justice Douglas - In This Case - Married couples relationship lies within the zone of privacy
o The present case concerns a relationship lying within the zone of privacy created by several fundamental
constitutional guarantees.
Constitutional Law
Outline 2009 Eman...
Steven Emanuel
Justice Douglas - Goal is achieved by maximum destructive impact upon marital relationship
o Connecticut's law seeks to achieve its goals by means having a maximum destructive impact upon the marital
relationship.
Privacy Information
Whether there is a constitutional right of privacy which is protected from government intrusion? Yes. Personal privacy
is found and protected by penumbras in the Bill of Rights.
Procedure
Trial
Appellant
Supreme
Supreme Court of Errors of Connecticut, which convicted Griswold of violating a state law that prohibited the
dispensing or use of birth control devices to or by married couples.
o Affirmed
o The Court found a right of privacy implicit in the Third Amendment's prohibition against the quartering of soldiers, the
Fourth Amendment's right of people to be secure in their persons, the Fifth Amendment's right against selfincrimination, and the Ninth Amendment's right to retain rights not enumerated in the Constitution. The right of privacy
to use birth control measures was found to be a legitimate one. Thus, the Court concluded that Conn. Gen. Stat. 5332 (rev. 1958) was unconstitutional.
o
Facts/Cases
Pl - Griswold
Df - Connecticut
Description
o Griswold was the director of the
Planned Parenthood League of
Connecticut.
o He provided information,
instruction, and medical advice to
married persons as to the means
of preventing conception.
Discussion
Key Phrases
Rules/Laws
Justice Douglas
Constitution right of privacy is protected from government intrusion
o We do not sit as a super-legislature to determine the propriety of laws that touch economic
problems, business affairs, or social conditions.
Privacy Information
www.studentjd.com/Constitution/Griswold v. Connecticut[Ch 6][Implied Fundamental Rights][Substantive Due Process][Contraception Statute invades privacy].htm
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of preventing conception.
o The Connecticut statute at issue
prohibited the use of contraceptive
devices.
o Another statute made it illegal to
abet or counsel another person to
commit any offense.
o Griswold was convicted under this
accessory statute for counseling
individuals to violate the
contraception law.
o He challenged the conviction on
the ground that the accessory
statute violated an implied privacy
provision in the Due Process
Clause of the 14th Amendment.
o The state appellate courts affirmed
the conviction.
o Supreme Court granted certiorari
and reversed
Privacy Information
First Amendment
o The right of association.
o This a freedom not explicitly mentioned in the Constitution
Third Amendment
o Its prohibition against the quartering of soldiers in any house in time of peace without
the consent of the owner is another facet of that privacy.
Fourth Amendment
o Explicitly affirms the right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures.
o Creates a penumbra that protects privacy interests.
Fifth Amendment
o Prohibits self-incrimination and enables the citizen to create a zone of privacy
which government may not force him to surrender to his detriment.
Privacy Information
Ninth Amendment
o Provides that the enumeration in the Constitution, of certain rights, shall not be construed
to deny or disparage others retained by the people.
Court - In This Case - Married couples relationship lies within the zone of privacy
o The present case concerns a relationship lying within the zone of privacy created by
several fundamental constitutional guarantees.
Court - Goal is achieved by maximum destructive impact upon marital relationship
o Connecticut's law seeks to achieve its goals by means having a maximum destructive
impact upon the marital relationship.
Court - Overbroad statute
o The law sweeps unnecessarily broadly and thereby invades an area of protected freedoms.
Reversed
Concur - Justice Goldberg
o Personal rights are not confined to specific terms of the Bill of Rights
Marital privacy is protected, but not explicitly listed in the Constitution
o Liberty embraces the right of marital privacy, although that right is not explicitly listed in the
Constitution.
Privacy Information
Privacy Information
www.studentjd.com/Constitution/Griswold v. Connecticut[Ch 6][Implied Fundamental Rights][Substantive Due Process][Contraception Statute invades privacy].htm
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Rules
Rule
o A right of personal privacy emanates [to come from a source] from the penumbras [gray area] of the Bill of Rights, and it cannot be
invaded absent a showing that the legislation is necessary to accomplish a compelling state interest.
o A broad constitutional right of privacy protects intimate aspects of personal life from governmental intrusion. (i.e., the bedroom of a
married couple).
Class Notes
www.studentjd.com/Constitution/Griswold v. Connecticut[Ch 6][Implied Fundamental Rights][Substantive Due Process][Contraception Statute invades privacy].htm
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