use cases:

• Jacobsen v. Massachusetts 197 U.S. 11 (1905)
• Mapp v. Ohio 367 U.S. 643 (1961)

considering the different ways the the Supreme Court has found a right to privacy in a wide range of fact situations. Please read the cases assigned carefully, and pick at least two of them to compare in this discussion. The list of cases assigned can be found on the Module 5: Required Readings page.

Since we're coming to the end of the course, consider how some of the other rights we've discussed throughout the term have been either accorded to or denied people who live within the boundaries of the United States. (e.g. migrants, enemy combatants, some children, etc.). How do these decisions influence our political and social life? Shouldn't everyone within our borders have a right to privacy?

Important note: To get the most out of the readings, read the cases in chronological order. Note that the opinion for Mapp v. Ohio provides a particularly useful and interesting timeline of the creation of a right to privacy.

Your job in your first post is to compare how the right to privacy was "created" or "found" by the Supreme Court in two cases. In your post address one or more of these questions:

Which argument/legal rationale makes the most sense to you and why?

What interpretive approach or approaches did the Justices use in their decisions?

What would your approach have been?