Legal Profession

The Downfall of Privacy and the Enforcement of the Law

, The Legal Intelligencer


Privacy has always been a somewhat ephemeral concept. We do not protect privacy as such in the Constitution of the United States. However, the courts see privacy as a penumbra of several constitutional protections. What the courts have done is to create a metaphor between privacy and a solar eclipse. During a total solar eclipse, there is the appearance of a ring of fire seen around the moon. That ring is something that scientists call the penumbra. Therefore, while privacy is not explicitly mentioned in the Constitution, we can see it as a ring around the Bill of Rights.

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