5 thoughts on “Ron Johnson: 4th Amendment right to privacy created by courts “out of thin air”

  1. Outstanding catch Zach. That is the tea party candidate in action. I wonder why reince didnt tell us what he really meant after.

  2. Thanks for bringing this to our attention. Having had my right to privacy violated this year…I will be voting for Feingold.

  3. Gee, there couldn’t possibly be a context to this quote, now could there?

    But I’m sure the Democratic party’s website is a credible source.

    Can’t wait until the elections are over. People are just freaking crazy right now.

  4. Actually, Johnson was correct. The Supreme Court recognized a “Constitutional” right of privacy for the first time in Griswold v. Connecticut 381 U.S. 479 (1965). This is the famous case in which Justice William O. Douglas announced the “penumbra” right to privacy.

    For your reference:

    “Previous cases suggest that the specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that give them substance. Various guarantees create zones of privacy, such as the First Amendment right of association, the Third Amendment prohibition against quartering soldiers in a home, the Fourth Amendment right to be secure in one’s person, house, papers, and effects, the Fifth Amendment right to not surrender anything to one’s detriment, and the Ninth Amendment right to not deny or disparage any right retained by the people. These cases press for recognition of the penumbral rights of privacy and repose.”

    A penumbra, is “a surrounding area or periphery of uncertain extent.” In other words, the right is uncertain because it is not contained in the bill of rights but has been created and recognized by the courts.

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