From: cfrye@ciis.mitre.org (Curtis D. Frye)
Date: Thu, 18 Nov 93 08:27:10 PST
To: cypherpunks@toad.com
Subject: Re: Privacy != right?
Message-ID: <9311181633.AA05632@ciis.mitre.org>
MIME-Version: 1.0
Content-Type: text/plain


Oops, forgot to finish the last sentence of my privacy post.  The last
paragraph should read:

Since there is no specific mention of a "right _of_ privacy" in the
Consititution, one must fall back on the implied construction and interpret
Constitutional privacy as defined by other amendments.  What this
construction of the "right _to_ privacy" allows is for appellate courts to
weight enumerated rights as more important than implied rights.  Thus, in
the name of furthering the goals of another amendment (say #6,
speedy/public trial), the courts can limit the implied "right _to_ privacy"
with fewer problems than if two "textual" amendments had come into
conflict.




Best regards,

Curtis D. Frye
cfrye@ciis.mitre.org
"If you think I speak for MITRE, I'll tell you how much they
 pay me and make you feel foolish."