4 ms·

Yes. Griswold v. Connecticut (case about the legality of banning contraception) is a pre-Roe example of privacy-as-bodily-autonomy. Post Roe, the same privacy r

by giaour 4y ago

Yes. Griswold v. Connecticut (case about the legality of banning contraception) is a pre-Roe example of privacy-as-bodily-autonomy. Post Roe, the same privacy right has been used to, among other things, prohibit state-mandated abortion (https://casetext.com/case/arnold-v-board-of-educ-of-escambia-county-ala-2 https://casetext.com/case/arnold-v-board-of-educ-of-escambia...) and sterilization (https://casetext.com/case/avery-v-county-of-burke https://casetext.com/case/avery-v-county-of-burke).

cryptonector 4y ago
But there's no privacy in things not related to contraception and abortion? What about vaccination? What about data? What about metadata? I suspect for data and metadata the answer is "the 4th Amendment covers that, see 4th Amendment jurisprudence", but that's not enough because that only limits the state and state agents, and even then not at all as to metadata, and barely as to data.
- ta756373882 4y ago
  There is a tradition of data and metadata privacy based on Brandeis's "The Right to Privacy" from 1890. You are correct that this tradition is partly rooted in 4th amendment jurisprudence, but it has deeper foundations in English common law. Amy Gajda's Seek and Hide is an accessible introduction to the area if you are looking for a deeper dive into the subject. Many of the landmark privacy-as-bodily-autonomy decisions are related to reproductive health, but there are others. McFall v. Shrimp is another important case in the area and concerns forced medical procedures rather than reproductive health: https://en.m.wikipedia.org/wiki/McFall_v._Shimp https://en.m.wikipedia.org/wiki/McFall_v._Shimp The court found in that case that an individual could not be compelled to donate bone marrow, even though it was necessary for another to live, because that would violate "the sanctity of the individual."
  - cryptonector 4y ago
    Thanks!

by giaour 4y ago

cryptonector 4y ago

But there's no privacy in things not related to contraception and abortion? What about vaccination? What about data? What about metadata? I suspect for data and metadata the answer is "the 4th Amendment covers that, see 4th Amendment jurisprudence", but that's not enough because that only limits the state and state agents, and even then not at all as to metadata, and barely as to data.

ta756373882 4y ago
There is a tradition of data and metadata privacy based on Brandeis's "The Right to Privacy" from 1890. You are correct that this tradition is partly rooted in 4th amendment jurisprudence, but it has deeper foundations in English common law. Amy Gajda's Seek and Hide is an accessible introduction to the area if you are looking for a deeper dive into the subject. Many of the landmark privacy-as-bodily-autonomy decisions are related to reproductive health, but there are others. McFall v. Shrimp is another important case in the area and concerns forced medical procedures rather than reproductive health: https://en.m.wikipedia.org/wiki/McFall_v._Shimp https://en.m.wikipedia.org/wiki/McFall_v._Shimp The court found in that case that an individual could not be compelled to donate bone marrow, even though it was necessary for another to live, because that would violate "the sanctity of the individual."
- cryptonector 4y ago
  Thanks!