Privacy rights

  • March 6, 2012

    by Jeremy Leaming

    While some states work to advance equality, Maryland and Washington for instance recently enacted laws legalizing same-sex marriage, other state lawmakers unfortunately fritter away official time, frequently either infuriating constituents or reminding them of just how useless some of their actions can be.

    For example, Missouri’s House Speaker Steven Tilley, as MSNBC notes, is working to induct the right-wing leader Rush Limbaugh into the state’s “Hall of Famous Missourians.” As MSNBC notes inductees are appointed by the House Speaker “and the bronze busts are paid for by the Speaker’s Annual Golf Classic” and then showcased in the capitol.

    Limbaugh, from Cape Girardeau, has added to conservative backed efforts to make life tougher on women. National lawmakers, backed by Catholic bishops and right-wing activists, such as Limbaugh, continue to fight health care policy that will require insurance companies to provide contraceptives to employees of religiously affiliated institutions, such as colleges and universities.

    When Sandra Fluke, a Georgetown University law student, publicly supported the Obama administration’s health care policy of ensuring that workers at religious affiliated institutions receive adequate health care, Limbaugh went over-the-top, obviously not an easy feat for the radio host. Limbaugh took to the airwaves to spew invective against, Fluke, which prompted President Obama to call the law student praising her courage to speak out on behalf of health care policy, which riles a large swath of the nation’s conservatives.

    But Tilley, a Republican, appears unconcerned about the timing of his action. The Kansas City Star reports that Tilley is moving forward with honoring Limbaugh. “It’s not the ‘Hall of Universally Loved Missourians. It’s the Hall of Famous Missourians,” he told the newspaper.

    The newspaper notes that Progress Missouri is urging Missourians to join it in calling for Tilley to reverse his decision. The group’s website includes a call to action: “A Rush Limbaugh Statue in the Missouri Capitol? No. Freaking. Way.”    

  • February 23, 2012

    by Jeremy Leaming

    Social conservatives, led, in part, by the United States Conference of Catholic Bishops, continuing to grumble about the Obama administration’s health care policy that requires health insurance companies to provide contraceptives to women, even those employed by companies with religious affiliations, are now looking to the federal courts to overturn the policy.

    The Becket Fund, a Religious Right legal outfit, sued the administration in federal court earlier this week arguing that the policy, a part of the Affordable Care Act, violates the religious liberty rights of Ave Maria University in Florida. Ave Maria, a Catholic institution, states that it “pledges faithfulness to the teachings of the Church,” and is “known for its exceptional academics, faithfulness to the magisterium of the Catholic Church ….”

    In a press statement announcing the lawsuit, Jim Towey, the university’s president, and former head of President George W. Bush’s faith-based office, claimed the “federal government has no right to coerce the University into funding contraceptives services that include abortion-inducing drugs and sterilization, in the health plan we offer our employees.”

    Towey further declares that under the administration’s health care policy Ave Maria would be required to pay for contraceptives, and therefore is “prepared to discontinue our health plan and pay the $2,000 per employee, per year fine rather than comply with an unjust, immoral mandate in violation of our rights of conscience.”

    In the same statement, the Becket Fund’s Kyle Duncan asserts that the health care policy forces the religious school to either betray its beliefs or dump employees’ health benefits.

  • January 23, 2012

    by Nicole Flatow

    The U.S. Supreme Court held unanimously today that police must obtain a warrant before placing a GPS tracking device on a suspect’s car.

    The ruling in U.S. v. Jones invalidates the life sentence of Antoine Jones, who was convicted of conspiracy to sell cocaine using evidence obtained over the course of a month from a GPS device attached to Jones’ Jeep Grand Cherokee.

    The justices split on the rationale, with a five-justice majority led by Antonin Scalia holding that the attachment of the GPS device to the car was a physical intrusion requiring a warrant under the Fourth Amendment.

    “That ruling avoided many difficult questions, including how to treat information gathered from devices installed by the manufacturer and how to treat information held by third parties like cellphone companies,” explains The New York Times’ Adam Liptak.

    The four-justice minority, led by Samuel Alito, said that the prolonged time period of the surveillance – a month long – amounted to a search and called the majority’s narrow holding “unwise.”

    Justice Sonia Sotomayor, who adopted the majority’s rationale, also wrote her own concurring opinion, in which she asserts that event non-physical intrusions might constitute warrantless searches, before concluding that the court need not answer those questions in this case.

    “She makes it clear that she sides with those that see a problem with electronic surveillance too,” writes Marcy Wheeler for emptywheel.

    Wheeler continues:

  • December 21, 2011
    Guest Post

    By Kate Michelman, President Emerita of NARAL Pro-Choice America and author of With Liberty and Justice for All: A Life Spent Protecting the Right to Choose


    When Roe v Wade became law of the land, we who had fought for so long believed it would be the threshold of broader protection of women’s health — of women’s rights. In our exuberance, we thought that we could establish abortion in its proper context, along the continuum of women’s reproductive health decision-making. We thought we could move on to other pressing health and equality issues, including bringing sexuality education to adolescents throughout the country — to help our young people understand the complexities of sexuality, of contraception and of the serious responsibility of childbearing.

    That was almost forty years ago.

    In the meantime we’ve learned the numbing lesson that what Justice Harry Blackmun wrote was not close to the final declaration of women’s reproductive liberty. It was not the beginning of the public’s embrace of educating our young to enable them to make responsible and informed decisions regarding sex and reproductive health. And it was certainly not an opening to the broad cast of reproductive options.

    Instead of opening a dialogue that might ultimately lead to wide consensus about healthy reproductive choices, healthy sexuality, and healthy families, we have instead witnessed religious and culturally conservative voices demanding reversal. We are confronted with the word “abortion” writ red on walls wherever we turn. The opponents of abortion don’t want to discuss the social conditions that led to that decision. They talk of family values but those values seem not to include compassion, logic, or the willingness (ironically) to reach some obvious common ground with those of us who have long struggled to lessen the need for abortion by reducing unintended pregnancies. 

  • November 17, 2011
    BookTalk
    Unpopular Privacy
    What Must We Hide?
    By: 
    Anita L. Allen

    By Anita L. Allen, a law and philosophy professor at the University of Pennsylvania.


    An expanding library of books addresses the fate of privacy in the Era of Revelation. The central theme of my contribution to the genre sets it apart. My book’s focus is “unpopular” privacy, rather than the “popular” privacy people in the United States, Canada and Europe tend to want and expect government to secure. I define as “unpopular” privacy that is unwanted, disliked, not preferred, and resented by the people it is suppose to benefit or constrain.

    Testing the plausibility ofprivacy paternalism for liberal societies, I engage readers in a wide-ranging discussion of physical privacies of seclusion, isolation, and bodily exposure; and then informational privacies of confidentiality and data protection. Specifically, under the rubric of unwanted physical privacies, I discuss nude dancing, Muslim attire, public health quarantine and super max prison cells; under informational privacies, I take up whether “race” counts as sensitive data, the confidentiality obligations of lawyers, health care providers and other workers, electronic social networking, and online commerce and self-exposure.

    Should youthful Internet users be blocked from websites that collect sensitive personal information, for their own good? Should the law oblige us to forego Amazon.com since the giant consumer goods seller keeps track of our purchases and makes recommendations, or gmail because it pitches ads to us based on words that appear in our private messages to family and friends? Should adults with intimate secrets be banned from publishing them? Is there a possible justification for laws that ban Apps that monitor and store health information in the “cloud”?  

    Unpopular Privacy explores the normative underpinnings of laws that promote, require, and enforce physical and informational privacies. My book struggles to understand the values that prompt real and imagined unpopular privacy mandates.  Persuading libertarians and feminists with whom I identify to endorse regimes of imposed privacy is a significant intellectual challenge; both groups famously caution against the subordinating potential of compulsory privacies.