Constitution does not contain general right to privacy

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Why was Lochner v. New York (1905) a controversial case? The U.S. Supreme Court ruled that neither the Fifth Amendment's protection against self-incrimination nor the Fourth Amendment's search and seizure provision protected individuals against wiretaps. The U.S. Supreme Court used substantive due process to strike down an 1897 New York law that limited the hours per day and per week that bakery employees could work as an unreasonable interference with an employer's right of contract. The U.S. Supreme Court agreed that a fundamental right to privacy exists even if they disagreed over where it resides in the Constitution. Justices Black and Stewart argued the Constitution does not contain a general right to privacy and maintained that people, not the courts, should pressure legislatures to change "unwise" laws.

Reference no: EM133813472

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