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To: Lane3 who wrote (84853)	11/8/2004 1:44:23 PM
From: Neocon	Read Replies (1) \| Respond to of 793820

Yes, it is fair to characterize the issue in the fourth amendment as a privacy issue. On that basis I concede some constitutional right to privacy, not speculative penumbras, but by looking at the text. No, the right to privacy is not a "trump right" requiring strict scrutiny before it can be tampered with, unlike, for example, the right to free speech, which must show compelling state interest to be litigated. Just as the right to property cannot be invoked against legitimate government functions, like taxation or zoning, the right to privacy cannot be considered "sacred", but might be modified by simple statute.

To: Lane3 who wrote (84853)	11/8/2004 5:26:51 PM
From: Ilaine	Respond to of 793820

Well, "right of privacy" means a lot of different things. The right to be free from unreasonable searches and seizures is very different than the "right" to buy contraceptives, or the "right" to buy bubble gum, or the "right" to buy sex toys. I can't remember which state it was that recently banned the sale of sex toys, I think Alabama. And some adult book store owner sued, claiming that the ban violated the constitutional right to possess sex toys. And the 11th Circuit said, no, there is no constitutional right to possess sex toys. It's a stupid law but we can't strike it down. BTW, there are still a lot of contraceptives that you cannot buy. The FDA doesn't let you just buy anything you like, even if you can get it in Europe or Africa or Latin America.