What is the scope of the right to privacy under the Fourteenth Amendment?
The right to privacy under the Fourteenth Amendment of the United States Constitution is a broad right that provides individuals with protection from government intrusion into their personal affairs. As interpreted by the US Supreme Court, the Fourteenth Amendment’s Due Process clause ensures that certain aspects of life—including marriage, procreation, contraception, family relationships, child rearing, and education—are beyond the reach of governmental interference. In North Carolina, the right to privacy protected by the Fourteenth Amendment is further defined by the state’s constitution. The most important protection of the right to privacy under the Fourteenth Amendment for North Carolina citizens is the protection against unreasonable searches and seizures. The amendment prohibits the government from executing searches without a warrant and stops the government from invading an individual’s home or property without probable cause. It also ensures that the government cannot obtain information from a person’s personal documents without legal cause. Citizens of North Carolina may also have unilateral control over the dissemination of their personal information or details. This can include biographical and financial information, communication records, and any other personal data. The Fourteenth Amendment also applies to private entities, such as corporations, and prevents them from collecting private data without explicit consent or a warrant. In all, the scope of the right to privacy under the Fourteenth Amendment is vast and its protections are strong. The amendment ensures individuals the right to be left alone and free from unreasonable government intrusion, and extends those same protections to personal documents and other private records. With such clear and defined limits, North Carolina citizens are less vulnerable to unauthorized searches and seizures and more likely able to protect their personal information from permanent disclosure.
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