Lenora Zeitchick

Walton H.S.

What do you think???

Should the distribution of contraceptives be viewed as a criminal offense?

INTRODUCTION:

Historical Background

Forty years ago issues of "public morality" were often regulated by the States. The belief that these matters are for individuals to decide for themselves is based on the presumption that people have a basic "right" to privacy. Before the case of Griswold v. Connecticut, the U.S. judicial system recognized no such basic right.

Circumstances of the Case

In the early 1960s, the use of any "drug, medicinal article or instrument" for birth control was prohibited by a State law in Connecticut. The law declared: "Any person who assists, abets, counsels, causes, hires or commands another" to use these forms of birth control could be "prosecuted and punished as if he were the principal offender." The Planned Parenthood League of Connecticut, a nonprofit agency which disseminated birth control information and counseled people about various birth control methods, defied the law by continuing to operate its New Haven clinic. Estelle Griswold, the clinic's executive director, and Dr. Buxton, its medical director, were arrested, tried, and convicted of giving information, instruction, and medical advice about birth control to married persons. Although the fines were not large (100 dollars each), Griswold and Buxton appealed their convictions on the ground that the Connecticut statute was unconstitutional.

Constitutional Issues

The case centered on whether amendments 1, 3, 4, 5, and 9 implied a constitutional "right to privacy" and whether that right was extended to the States by the 14th Amendment. Does the Constitution guarantee a right to privacy even though it never specifically mentions such a right? Do other guarantees—freedom of religion, speech, and assembly; protection against unreasonable search and seizure, and against self-incrimination; rights to due process and protections of private property—imply such a right to privacy? Is the right to privacy protected by the 9th Amendment, which prohibits constitutional rights from being used to "deny or disparage other rights retained by the people" but not specifically mentioned in the Constitution?

One single theme ties the decisions of the Warren Court together across a broad judicial landscape. Nearly all the landmark decisions made during its 15-year history—in cases ranging from civil rights and equal representation to the freedom of speech and the rights of the accused—can be viewed as a series of affirmations of the rights of the individual. Time and again, when the laws of the States came into conflict with the rights of individuals—that is, when the principle of federalism conflicted with the Bill of Rights—a majority of Warren Court justices came down on the side of the individual (see Brown, 1954; Mapp, 1961; Baker, 1962; Schempp, 1963; and Escobedo, 1964). By way of the 14th Amendment, the Court repeatedly extended these rights to apply to the States as well as to the federal judiciary, completing the "nationalization" of the Bill of Rights.

The Fourteenth Amendment

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Task #1

Respond to one or more of the following questions in a thoughtful essay of a minimum of 250 words.

Use MS word to write your final draft

Questions for Discussion

1. This case presents conflict between those who feel the Court must reinterpret the Constitution (within the bounds of the fundamental rights and freedoms) to meet current standards, and those who believe that the Constitution must be interpreted more strictly (according to the original intent of the Framers). If you were a justice, which way would you lean?

2. Do you think the Framers intended to guarantee the "right to privacy" in the Bill of Rights? Why or why not? What does the vagueness of the 9th Amendment suggest about their thinking in this respect?

3. What other decisions and activities might be covered by the "right to privacy"? Do you know of any that have been?

Task #2

Can you apply what you have learned? 

Complete your project, defending your position, from point of view.

Show what you have learned by creating an original piece of work in the form of a PowerPoint presentation, an art project or photo journal, a poem, a cartoon, a diorama, an oral presentation, a letter to an official, a role play, or an editorial. Your project may be done individually or as a group.

Process

1. Students will form self-selected groups. . In groups students will explore the actions, determine the values and examine the legal bases of the case.

2. Students will use CompuLEGAL. to study

Due Process and the “right to privacy”.

Students will complete the worksheets on the web site. Students will use these worksheets and the Internet sites given in the “Resource” section of the Webquest to complete the “Task”.

Students will study the Griswold Facts OF THE CASE.

Students will view the Griswold Visual,

Students will fill in Griswold v. Connecticut: Facts & Issue Question chart.

Students will read the Griswold v. Connecticut : Reasoning OF THE CASE.

Students will read the Griswold Arguments OF THE CASE.

Students will read the Griswold Decision.

Arguments

For Griswold: The Constitution protects a fundamental right to privacy. Although it is not mentioned specifically, certain guarantees of the Bill of Rights contain "penumbras," or implications, which extend from specific rights to include some rights not specifically mentioned. By writing the 9th Amendment, the Framers implicitly recognized the right to privacy. The 14th Amendment's Equal Protection Clause extends that right to all people of all States. Previous decisions by the Supreme Court protecting such rights as the right to educate a child in the school of a parent's choice and the right to "the sanctity of a man's home and the privacies of life" recognize a fundamental right to privacy. The Connecticut law violates that right by intruding on the privacy of married persons.

For Connecticut: Nowhere in the Constitution is the right to privacy mentioned. Specific examples of rights are provided, but these should not be extended to create a new right not intended by the Framers. The 9th Amendment, in fact, should be read as prohibiting the Court from reviewing State laws that it finds unjustified or unreasonable. Making laws is one of the rights "retained by the people" through the legislative branch and should not be "denied or disparaged" by the Court. Furthermore, the assessment of community standards is not the function of the Court. It should be left to the people, through their legislative bodies, to assess community standards and change the laws accordingly. They have not done so in regard to this law.

Resources

StreetLaw.com

Supreme Court Decisions on Privacy: Griswold v. Connecticut

Griswold V. Connecticut

Evaluation

	Excellent	Very Good	Satisfactory	Unsatisfactory
Research Group Analysis	Case clearly identified and thoroughly researched All concerns of the group are clearly addressed and all worksheets correctly completed	Case identified and reasonably well researched All concerns of the group are addressed and most worksheets correctly completed	Case identified with limited research. All concerns of the group addressed, but worksheets could be improved on.	Case identified but research is lacking Incomplete worksheets.
Article Writing	Well organized, demonstrates logical sequencing and sentence structure	Well organized, but demonstrates illogical sequencing or sentence structure.	Well organized, but illogical sequencing and sentence structure.	Poorly organized

Standards

SOCIAL STUDIES 1 & 5

ELA 1, 3, 4

Conclusion

By completing this WebQuest you have used CompuLegal to research the concept of the “right to privacy” through the Supreme Court case of Griswold v Connecticut. You have selected one of several questions and written an essay response. You have researched and presented information to the class and had your project reviewed. You have submitted your research individually or collectively. Additionally you have participated in a discussion with your peers, expressing your feelings and experiences while completing this research project. You can now utilize the technological research and critical thinking skills that you have acquired during this process to further explore this issue or any additional issues that are of interest to you