SMPA 2173: Ch. 6 (Protecting Privacy)
questions and answers
even though the word "privacy" is not explicitly stated in the Constitution...;
Example of an amendment that was adopted during John Adams' time? - correct answer
✔✔Americans have always had valued privacy rights\
the Fourth Amendment, protecting "the right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures."
What did Griswold v. Connecticut establishes? - correct answer ✔✔1965 decision that the
Constitution implicitly guarantees citizens' right to privacy.
What are a few other amendments that allude to this right to privacy? - correct answer ✔✔-first
("freedom to associate and privacy in one's associations.")
-third (not having to quarter soldiers during peace)
-fifth (No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury)
-ninth (The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.)
What does Roe v. Wade (1973) extend about the right to privacy? - correct answer ✔✔Abortion
rights fall within the privacy implied in the 14th amendment
What did Katz v. United States extend about the right to privacy and the 4th amendment? -
correct answer ✔✔Court found that a public telephone booth is protected by the 4th
,amendment -- gvt had put a listening device on it and the court said that we expect privacy in
the booth
What have the courts said about private companies and their rights to search emails and desks?
- correct answer ✔✔the First Amendment does not bar private employers from examining
email messages on an employee's computer because the company's interest in preventing
illegal activity or unprofessional comments outweighs an employee's privacy interest.
What did the city of Ontario v. Quan say about text messages on govt. equipment? - correct
answer ✔✔government employers may see public employees' text messages sent and received
on government-issued equipment if the searches have a legitimate work-related purpose and
public employees have been told not to expect privacy.
What are the points of law for the constitutional right to privacy? - correct answer ✔✔-The U.S.
Constitution protects from governmental invasion of privacy.
-Protection comes from the Third, Fourth, Fifth, Ninth and 14th Amendments.
-The U.S. Supreme Court has said personal privacy rights are qualified and not absolute (see
Griswold i ).
-Justice John Harlan's "reasonable expectation of privacy" test from Katz establishes a Fourth
Amendment right to privacy when
1. a person has an actual expectation of privacy that
2. society recognizes as reasonable.
Carpenter v. United States; extended what amendment - correct answer ✔✔Journalist who
engaged in insider trading violated SEC Act and fiduciary duty
, extended Fourth Amendment protection to cell-site location information (CSLI), produced when
your cellphone connects to your carrier's wireless network through a cell tower.
What is A legal concept that holds that people who voluntarily give information to third parties,
such as banks or phone companies, forfeit any reasonable expectation of privacy in that
information? (established in smith and Miller)? - correct answer ✔✔Third-party doctrine
What were the four privacy torts that William Prosser advocated for?
Living ppl can only sue for three of the four privacy torts: - correct answer ✔✔intrusion,
false light, (making a person seem to be someone he or she is not in the public eye. )
appropriation (using a person's name, picture or voice without permission for commercial
purposes) and
private facts.
different levels fo acceptance based on state implementation.
intrusion, private facts and false light. (the dead do not have personal rights)
Invasive newsgathering techniques may amount to intrusion upon seclusion...Which
constitutes? - correct answer ✔✔Physically or technologically disturbing another's reasonable
expectation of privacy.
When may a journalist be sued for intrusion?
questions and answers
even though the word "privacy" is not explicitly stated in the Constitution...;
Example of an amendment that was adopted during John Adams' time? - correct answer
✔✔Americans have always had valued privacy rights\
the Fourth Amendment, protecting "the right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures."
What did Griswold v. Connecticut establishes? - correct answer ✔✔1965 decision that the
Constitution implicitly guarantees citizens' right to privacy.
What are a few other amendments that allude to this right to privacy? - correct answer ✔✔-first
("freedom to associate and privacy in one's associations.")
-third (not having to quarter soldiers during peace)
-fifth (No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury)
-ninth (The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.)
What does Roe v. Wade (1973) extend about the right to privacy? - correct answer ✔✔Abortion
rights fall within the privacy implied in the 14th amendment
What did Katz v. United States extend about the right to privacy and the 4th amendment? -
correct answer ✔✔Court found that a public telephone booth is protected by the 4th
,amendment -- gvt had put a listening device on it and the court said that we expect privacy in
the booth
What have the courts said about private companies and their rights to search emails and desks?
- correct answer ✔✔the First Amendment does not bar private employers from examining
email messages on an employee's computer because the company's interest in preventing
illegal activity or unprofessional comments outweighs an employee's privacy interest.
What did the city of Ontario v. Quan say about text messages on govt. equipment? - correct
answer ✔✔government employers may see public employees' text messages sent and received
on government-issued equipment if the searches have a legitimate work-related purpose and
public employees have been told not to expect privacy.
What are the points of law for the constitutional right to privacy? - correct answer ✔✔-The U.S.
Constitution protects from governmental invasion of privacy.
-Protection comes from the Third, Fourth, Fifth, Ninth and 14th Amendments.
-The U.S. Supreme Court has said personal privacy rights are qualified and not absolute (see
Griswold i ).
-Justice John Harlan's "reasonable expectation of privacy" test from Katz establishes a Fourth
Amendment right to privacy when
1. a person has an actual expectation of privacy that
2. society recognizes as reasonable.
Carpenter v. United States; extended what amendment - correct answer ✔✔Journalist who
engaged in insider trading violated SEC Act and fiduciary duty
, extended Fourth Amendment protection to cell-site location information (CSLI), produced when
your cellphone connects to your carrier's wireless network through a cell tower.
What is A legal concept that holds that people who voluntarily give information to third parties,
such as banks or phone companies, forfeit any reasonable expectation of privacy in that
information? (established in smith and Miller)? - correct answer ✔✔Third-party doctrine
What were the four privacy torts that William Prosser advocated for?
Living ppl can only sue for three of the four privacy torts: - correct answer ✔✔intrusion,
false light, (making a person seem to be someone he or she is not in the public eye. )
appropriation (using a person's name, picture or voice without permission for commercial
purposes) and
private facts.
different levels fo acceptance based on state implementation.
intrusion, private facts and false light. (the dead do not have personal rights)
Invasive newsgathering techniques may amount to intrusion upon seclusion...Which
constitutes? - correct answer ✔✔Physically or technologically disturbing another's reasonable
expectation of privacy.
When may a journalist be sued for intrusion?
