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Instructions. I have laryngitis and cannot speak well. We have stuff to learn. You are going to need to be on your extra good, precious little snowflake behavior so that we can learn. Mental extra credit for being extra Snowflake-y Also, From midterm average (Q1, Q2, and midterm) to Q3

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Instructions

Instructions

  • I have laryngitis and cannot speak well.

  • We have stuff to learn.

  • You are going to need to be on your extra good, precious little snowflake behavior so that we can learn.

  • Mental extra credit for being extra Snowflake-y

  • Also,

    • From midterm average (Q1, Q2, and midterm) to Q3

      • 11th graders improved on average 1.85 points

      • 12th graders improved an average of 3 points (way to go, Seniors!)


The right to privacy

The Right to Privacy

Unit IX Lesson 4


The right to privacy1

The Right to Privacy

  • “The right to be left alone” –Louis Brandeis, Supreme Court

  • Not in the Bill of Rights

  • It is implied in the 1st, 3rd, 4th, 9th, and 14th Amendments

  • As long as you’re not hurting anyone, you should have the right to be left alone (in theory)


Cases in the right to privacy birth control

Cases in the Right to Privacy: Birth Control

  • In the past, birth control was highly regulated (no advertising, sale to minors, display in pharmacies) and in some cases illegal for a doctor to discuss with his or her patients

  • Griswold v. Connecticut (1965): other amendments cast penumbras (unstated liberties on the fringes or in the shadow of a more explicitly stated rights) which create zones of privacy

    • In this case, family planning

      Because you get birth control from a doctor is a medically confidential environment, your access to said birth control is protected by your right to privacy


Cases in the right to privacy birth control1

Cases in the Right to Privacy: Birth Control

  • Questions up for discussion: Use the Ball of Talking

    • What is a minor child’s right to obtain contraceptives based on this ruling?

    • Can a state pass a law preventing minor children from obtaining contraception without telling his or her parents?

    • Can a private business that pays for employees health benefits prevent the employee from obtaining contraception based on the religious beliefs of the owner (in court now!)?

    • What do you think the laws should be in Massachusetts?


Instructions

  • This is about to get controversial. Please respect each other.


Cases in the right to privacy abortion

Cases in the Right to Privacy: Abortion

  • By late 1960s, 14 states legalized early abortion

  • Roe v. Wade (1973)--right to have an abortion is protected under privacy and applied by mandate through 14th Amendment

  • Created trimester gradations and allows states to regulate late term abortions

  • Hyde Amendment: can’t use Medicaid money for abortion

  • Webster v. Reproductive Health Services (1989)– fetal viability tests

  • Exemptions for health of the mother

  • State by state, abortion laws vary widely

    • Oklahoma: woman has to see an ultrasound before choosing to terminate her pregnancy

    • Nebraska: no abortion after 20 weeks


Cases in the right to privacy abortion1

Cases in the Right to Privacy: Abortion

  • Questions up for discussion: Use the Ball of Talking

    • What limits, if any, do you think should be placed on abortion?

    • Do you make exceptions for rape, incest, maternal health?

    • Can a state pass a law preventing minor children from obtaining an abortion without telling her parents?

    • What if it wasn’t necessary a parent, but it could be a teacher, coach, counselor, or some other adult? Does that change things?

    • As a parent, albeit of an 8 month old, I would want my daughter to have someone to talk to about the emotional challenges of abortion, I hope that’s me, but I really would be upset about her going it alone. But, does she have the RIGHT to… maybe

    • Can a state pass a law preventing women from obtaining an abortion without telling the man whom impregnated her?


Cases in the right to privacy homosexuality and gender identity

Cases in the Right to Privacy: Homosexuality and Gender Identity

  • Lawrence v. Texas (2003): anti-sodomy laws and other laws that criminalize same sex sexual activity are illegal because they violate 14th Amendment and privacy laws


Cases in the right to privacy homosexuality and gender identity1

Cases in the Right to Privacy: Homosexuality and Gender Identity

  • Questions up for discussion: Use the Ball of Talking

    • Are there any circumstances in which someone must be compelled to disclose if they are gay, lesbian, or transgender?

    • Imagine a new student starts school at MHS. He is a good kid whom people seem to like. He blends in seamlessly with other students at the school. What you do not know is that he is a post-operative transsexual man who was born with female genitalia. He takes testosterone to deepen his voice, prevent breast growth, and looks very masculine. Should he have to tell anyone at school about his birth gender?

      • Locker room?

      • Restroom?

      • Rooming assignments on overnight class trips?


Cases in the right to privacy homosexuality and gender identity2

Cases in the Right to Privacy: Homosexuality and Gender Identity

  • Questions up for discussion: Use the Ball of Talking

    • Are there any circumstances in which someone must be compelled to disclose if they are HIV positive aside from health risks?

    • A school district in South Carolina fired a teacher after it was discovered that she was living with her boyfriend and they were not married. This violated the school district’s desire to teach and model abstinence. Does this violate her right to privacy?


Online privacy

Online Privacy

  • In 2007, Chesterfield County School District (Virginia) fired Stephen Murmer from their art department. Mr. Murmer maintained an online portfolio of his private artwork (not completed on school grounds). Mr. Murmer created his paintings by painting his buttocks and genitals and making prints with them on canvas. There were videos of Mr. Murmer creating his art. After being asked to remove the videos, Mr. Murmer posted new videos of him creating his art but covered his face with a bandana. Students found the videos and he was fired. Does this violate Mr. Murmer’s right to privacy?

  • What if during college one of your teachers chose to make ends meet by posing as a nude model. There are pictures of them online. Is this okay?


Online privacy1

Online Privacy

  • Ms. Jones was at a concert with her friends. She and her friends were drinking excessively and recreationally smoking marijuana (in Colorado). Some students saw Ms. Jones at the concert and took pictures. They gave the pictures to their principal and Ms. Jones was fired. Does this violate her right to privacy?

  • Bob, a senior at Medway High School, was applying to UMass. On his Twitter feed, he frequently makes mention of his loving to set fires. Bob has never been arrested for fire setting. A friend of his works in admissions as his work study at UMass and accidentally left Bob’s Twitter feed up on an admissions computer. Bob’s admissions counselor saw the feed (even though he didn’t go looking for it) and chooses to deny Bob admissions. Does this violate Bob’s right to pirvacy?


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