Loading...

POLSC432: Civil Liberties and Civil Rights

Unit 2: Civil Liberties: Privacy   As noted in Unit 1, there is a distinction between civil liberties and civil rights.  This distinction is, perhaps, no clearer than anywhere else when we talk about the constitutionally protected “right” to privacy.  Interestingly, privacy is often referred to as a right when it is actually better characterized as a liberty. It is a constitutional protection from government intrusion.  In its simplest terms, this means the government cannot legally enter a citizen’s property or obtain private communications without due process.  What constitutes due process will be explored in this unit.  Additionally, this unit will explore the historical development of privacy in the courts and the reasons behind its initial inclusion into the constitution.  By the end of this unit, you will understand the reasons why this liberty is critical to a functioning democratic system. 

Unit 2 Time Advisory
This unit will take you approximately 15.5 hours to complete.

☐       Subunit 2.1: 6.5 hours

☐       Subunit 2.1.1: 2 hours

☐       Subunit 2.1.2: 4 hours

☐       Subunit 2.1.3: 0.5 hour

☐       Subunit 2.2: 5 hours

☐       Subunit 2.2.1: 2 hours

☐       Subunit 2.2.2: 1.5 hours

☐       Subunit 2.2.3: 1.5 hours

☐       Subunit 2.3: 4 hours

Unit2 Learning Outcomes
Upon successful completion of this unit, the student will be able to:
- Discuss the historical context of the liberty of privacy. - Explain due process as related to citizen liberty. - Analyze the landmark court cases dealing with privacy. - Discuss the potential future of the liberty of privacy.

2.1 The Bill of Rights and Privacy   2.1.1 Historical Context   - Reading: Reading New England: Susan E. Gallagher’s “Introduction to ‘The Right to Privacy’” Link: Reading New England: Susan E. Gallagher’s “Introduction to ‘The Right to Privacy’” (HTML)
 
Instructions: Please read the text linked above in its entirety. Use the arrows on the side of the screen to scroll down and read all 30 pages.  This reading provides a detailed historical description of the right to privacy, paying particular attention to an 1890 article in the Harvard Law Review written by Louis D. Brandeis and Samuel D. Warren.  This reading should take approximately 2 hours to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

2.1.2 History Developing   - Reading: Reading New England/Wisconsin Law Review: Ken Gormley’s “One Hundred Years of Privacy” Link: Reading New England/Wisconsin Law Review: Ken Gormley’s “One Hundred Years of Privacy” (HTML)
 
Instructions: Please read the text linked above in its entirety.  Use the arrows on the side of the screen to scroll down and read all 72 pages.  This reading provides a detailed historical description of how the right to privacy has developed since an 1890 article in the Harvard Law Review written by Louis D. Brandeis and Samuel D. Warren.  This reading should take approximately 4 hours to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

2.1.3 Due Process Defined   - Reading: The Free Dictionary’s “The Due Process of Law” Link: The Free Dictionary’s “The Due Process of Law” (HTML)
 
Instructions: Please read the text linked above in its entirety.  This reading provides a basic definition of due process that will be useful in interpreting the material that follows particularly in subunit 2.3.  This reading should take approximately 30 minutes to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

2.2 Landmark Court Cases   2.2.1 Griswold Vs. Connecticut   - Reading: Findlaw: The U.S. Supreme Court’s “Griswold v. Connecticut Opinion” Link: Findlaw: The U.S. Supreme Court’s “Griswold v. Connecticut Opinion” (HTML)
 
Instructions: Please read the text linked above in its entirety.  This reading provides the official opinion of the court.  This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

  • Reading: PBS: Alex McBride’s “Griswold v. Connecticut (1965)” Link: PBS: Alex McBride’s “Griswold v. Connecticut (1965)” (HTML)
     
    Instructions: Please read the text linked above in its entirety.  Also read the links within the text.  This reading provides a basic description of the case that lead to marital privacy.  This reading should take approximately 1 hour to complete.
     
    Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

2.2.2 Roe V. Wade   - Reading: Findlaw: The U.S. Supreme Court’s “Roe v. Wade Opinion” Link: Findlaw: The U.S. Supreme Court’s “Roe v. Wade Opinion” (HTML)
 
Instructions: Please read the text linked above in its entirety.  This reading provides the official opinion of the court.  This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

  • Reading: PBS: Alex McBride’s “Roe v. Wade (1973)” Link: PBS: Alex McBride’s “Roe v. Wade (1973)” (HTML)
     
    Instructions: Please read the text linked above in its entirety.  Also read the links within the text.  This reading provides a basic description of the case that lead to the legal protection of the right to have an abortion.  This reading should take approximately 30 minutes to complete. 
     
    Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

2.2.3 Doe v. Bolton   - Reading: Findlaw: The U.S. Supreme Court’s “Doe v. Bolton Opinion” Link: Findlaw: The U.S. Supreme Court’s “Doe v. Bolton Opinion” (HTML)
 
Instructions: Please read the text linked above in its entirety.  This reading provides the official opinion of the court.  This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

  • Reading: The New Georgia Encyclopedia: Dan T. Coenen and Aaron M. Safanes’s “Doe v. Bolton (1973)” Link: The New Georgia Encyclopedia: Dan T. Coenen and Aaron M. Safanes’s “Doe v. Bolton (1973)” (HTML)
     
    Instructions: Please read the text linked above in its entirety.  Also read the links within the text.  This reading provides a basic description of the case that established the principle that the due process clause affords broad constitutional protection to a woman's decision to terminate a pregnancy.  This reading should take approximately 30 minutes to complete. 
     
    Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

2.3 Privacy and the Future   2.3.1 The Patriot Act   - Reading: Lawyers’ Committee for Human Rights: Fiona Doherty, Kenneth Hurwitz, Elisa Massimino, Michael McClintock, Raj Purohit, Cory Smith, and Rebecca Thornton’s Imbalance of Powers: How Changes to U.S. Law and Policy Since 9/11 Erode Human Rights and Civil Liberties: “Chapters 1 and 2” Link: Lawyers’ Committee for Human Rights: Fiona Doherty, Kenneth Hurwitz, Elisa Massimino, Michael McClintock, Raj Purohit, Cory Smith, and Rebecca Thornton’s Imbalance of Powers: How Changes to U.S. Law and Policy Since 9/11 Erode Human Rights and Civil Liberties: “Chapters 1 and 2” (PDF)
 
Instructions: Click on the link above, scroll down about half way down the page to the book titled “Imbalance of Powers, and click the “Also Available in PDF” link to download.  Please read chapters 1 and 2 in their entirety.  This reading provides details about how the Patriot Act affects the right to privacy.  This reading should take approximately 2 hours to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

2.3.2 Enemy Combatants and Detainees   - Reading: Lawyers’ Committee for Human Rights: Fiona Doherty, Kenneth Hurwitz, Elisa Massimino, Michael McClintock, Raj Purohit, Cory Smith, and Rebecca Thornton’s Imbalance of Powers: How Changes to U.S. Law and Policy Since 9/11 Erode Human Rights and Civil Liberties: “Chapters 3, 4 and 5” Link: Lawyers’ Committee for Human Rights: Fiona Doherty, Kenneth Hurwitz, Elisa Massimino, Michael McClintock, Raj Purohit, Cory Smith, and Rebecca Thornton’s Imbalance of Powers: How Changes to U.S. Law and Policy Since 9/11 Erode Human Rights and Civil Liberties: “Chapters 3, 4, and 5” (PDF)
 
Instructions: Click on the link above, scroll down about half way down the page to the book titled “Imbalance of Powers, and click the “Also Available in PDF” link to download.  Please read chapters 3, 4, and 5 in their entirety.  This reading provides details about how new regulations after 9/11 affect the right to privacy for enemy combatants and detainees.  This reading should take approximately 2 hours to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.