Privacy Flashcards
Griswold v. Connecticut
- An implied “right of privacy” exists within the bill of rights that prohibits what?
2.Specific guarantees in the Bill of Rights have penumbras that create a zone of privacy in what amendments? (hint 5 of them)
1.a state from preventing married couples from using contraception
2. 3rd, 4th, 5th, 9th, and 14th
Eisenstadt v. Baird
Who does the right of privacy belong to?
the right to privacy belongs to individual even in marriage.
Meyer v. Nebraska
Does a Nebraska statute that forbids the teaching of any subject in a non-English language unreasonably infringe the liberties guaranteed by the 14th amend.
Parents have the the fundamental liberty interest of a parent to control his or her child’s education.
(Established the right to family autonomy in the face of gov’t intervention)
Pierce v. Society of sisters
Can a state compel children to be educated only in public institutions?
State can compel a child to go to school, but they cannot require public school only.
(The Fourteenth Amendment protects the liberty of parents and guardians to direct their children’s education)
Strict scrutiny?
necessary (narrowly tailored) to a compelling state interest
strict scrutiny favors individual interests
Intermediate Scrutiny
substantially related to an important government objective
Rational Basis
rationally related to a legitimate governmental objective
(favors state interests)