Privacy Torts

1. How do people most commonly seek redress when they believe that their privacy has been violated?
2. What is a tort?
3. Are most torts heard in criminal or civil trials?
   • What is the difference?
4. Why do you suppose people can usually only seek civil remedies for violations of their privacy?
   • Does this make sense to you? Why or why not?

Expressed Privacy Rights in the Constitution

1. Does the Fourth Amendment hamstring the police?
   • Do the exceptions allowing for warrantless searches provide police the flexibility they need to do their job? Why or why not?
   • Are these exceptions too generous? Explain.
2. According to the Katz ruling, privacy rights must be respected wherever and whenever people have a reasonable expectation of privacy. A warrant must be obtained in order to violate this privacy. Does this seem reasonable, or excessive?
3. What level of privacy should a person be able to expect in a public place?
4. Should the police have to obtain a warrant to tap a public phone?
5. Can a whispered conversation in a restaurant booth be taped without a warrant?

Implied Privacy Rights in the Constitution

1. What do you think Justice Douglas meant when he said there are implied privacy rights "in the penumbras" of the Bill of Rights?
   • Do you agree with his assessment?
2. Why do you think the broadest interpretations of privacy rights have been around marriage? 
3. Do you think that the right to privacy is a fundamental freedom, right up there with the rights to life, liberty, and the pursuit of happiness stated in the Declaration of Independence? 
   • Why or why not?

Strict Constructionism and Privacy

1. What exactly are “penumbras?” What was Justice Douglas saying about the Bill of Rights?
   • Is this a logical or problematic concept? Explain.
2. Answer the questions below from two points of view: first, from a strict constructionist point of view; then using the broadest possible construction of these constitutional amendments.
   • What “zone of privacy” or “penumbras” do you see emanating from the Fourth Amendment?
   • Is there a “zone of privacy” or “penumbras” emanating from the First Amendment?