The Supreme Court of the United States has since used judicial review in cases that have directly impacted civil liberties. Civil liberties are explicit, guaranteed rights that are protected under the Constitution or interpreted throughout different Court cases. These include rights such as freedom of speech, freedom of privacy, the right to vote, and more.
One of the first Supreme Court cases regarding civil liberty, which is also one of the most important Supreme Court cases in U.S history, was Brown v. Board of Education. The decision was made in 1954 and overturned the Supreme Court case from 1896, Plessy v. Ferguson. Plessy v. Ferguson is also a landmark case, where the infamous “Separate but equal” school systems were declare constitutional …show more content…
Connecticut and was the first important Supreme Court case effecting the right to privacy. In the state of Connecticut, a law existed known as the Comstock Act of 1879, which made it illegal for any physician to give advice or information on various forms of birth control and giving any form of birth control (Griswold v. Connecticut). The law was never enforced until Estelle Griswold created Planned Parenthood and compelled an arrest under the Comstock Act of 1879 (Griswold). The convection was upheld in all lower courts (Griswold). Griswold brought the case to the Supreme Court under the Fourteenth Amendment in reference to the due process clause, the privileges and immunities clause, and the equal protection clause (Griswold). The question for the Court was, does the Connecticut Comstock Act of 1879 violate a right to privacy in the United States Constitution (Griswold)? The justices are aware that the right to privacy is not explicitly stated in the Constitution, thus proving why judicial review is so impactful on civil liberties like the right to privacy. The Court held in a seven to two decision that the law was unconstitutional under the right to privacy (Griswold). Justice Douglas delivered the majority opinion that is still controversial today. He explains that there are “Zones of privacy” within the First, Third, Fourth, Fifth, and Ninth Amendments and that the right to privacy is a penumbra, meaning a implied right under the Bill of Rights (Griswold). Douglas’ opinion is still debated because he makes a vast claim by applying the right to privacy to five different amendments. Goldberg in his concurring opinion rejected Douglas’ opinion of selective incorporation and claims that the right to privacy is a fundamental right found within only the Ninth Amendment (Griswold). Harland’s concurring opinion denies Douglas’ use of the right to privacy being
One of the first Supreme Court cases regarding civil liberty, which is also one of the most important Supreme Court cases in U.S history, was Brown v. Board of Education. The decision was made in 1954 and overturned the Supreme Court case from 1896, Plessy v. Ferguson. Plessy v. Ferguson is also a landmark case, where the infamous “Separate but equal” school systems were declare constitutional …show more content…
Connecticut and was the first important Supreme Court case effecting the right to privacy. In the state of Connecticut, a law existed known as the Comstock Act of 1879, which made it illegal for any physician to give advice or information on various forms of birth control and giving any form of birth control (Griswold v. Connecticut). The law was never enforced until Estelle Griswold created Planned Parenthood and compelled an arrest under the Comstock Act of 1879 (Griswold). The convection was upheld in all lower courts (Griswold). Griswold brought the case to the Supreme Court under the Fourteenth Amendment in reference to the due process clause, the privileges and immunities clause, and the equal protection clause (Griswold). The question for the Court was, does the Connecticut Comstock Act of 1879 violate a right to privacy in the United States Constitution (Griswold)? The justices are aware that the right to privacy is not explicitly stated in the Constitution, thus proving why judicial review is so impactful on civil liberties like the right to privacy. The Court held in a seven to two decision that the law was unconstitutional under the right to privacy (Griswold). Justice Douglas delivered the majority opinion that is still controversial today. He explains that there are “Zones of privacy” within the First, Third, Fourth, Fifth, and Ninth Amendments and that the right to privacy is a penumbra, meaning a implied right under the Bill of Rights (Griswold). Douglas’ opinion is still debated because he makes a vast claim by applying the right to privacy to five different amendments. Goldberg in his concurring opinion rejected Douglas’ opinion of selective incorporation and claims that the right to privacy is a fundamental right found within only the Ninth Amendment (Griswold). Harland’s concurring opinion denies Douglas’ use of the right to privacy being