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This is exactly what I mean when I say the right to privacy is obsolete - by itself, it's no longer capable of protecting the freedoms it was originally intended to preserve. We need something better.


What right to privacy? Privacy is a very simple word. It occurs nowhere in the Constitution.


It may appear nowhere in the constitution, but that doesn't mean it isn't constitutionally protected.

The substantive due process protections of the 14th Amendment extend heightened protection to a number of rights. Privacy is one of them. Marriage is another. There are plenty more.

In addition the 4th Amendment has its own privacy implications.




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