Email Article Print Article

Asset Protection & The Right to Privacy.

By John Dietz - Email Editor

Date: 23-Oct-2007

Dear Subscriber:

Recently there has been a lot of banter and media attention on the Right of Privacy bringing forth the issue of “what is the Right to Privacy, and do we have this right?

The Right to Privacy is always subject to the interpretation of the State and Federal US courts since the granted Right to Privacy is not expressly written in the Constitution, and it is only reflected in The Bill of Rights. This is of importance to Asset Protection in regards to society’s reflection on public opinion and the influence on swing votes by the courts as powers change from conservative and liberal and back and forth. The Right to Privacy is derived from common law and the sited precedence from different cases and statutes.

Here is a glance at the ensuing battle.

US Constitutional Rights Win - 1920 Meyer v. Nebraska - The US Supreme Court overruled the state of Nebraska claiming that the Fourteenth Amendment's liberty clause prohibited the state from interfering with an earlier decision that said that educators and parents could not teach foreign languages in the schools. This US Supreme Court decision is the beginning of the Right to Privacy introduced by finding that a state could not ultimately make decisions on education for parents and teachers.

7 – 2 Decision by the US Supreme Court ruled that the state failed to show a compelling need to infringe upon the rights of parents and teachers to decide what course of education is best for young students.

US Constitutional Rights Win – The privacy doctrine of the 1920s era grew consistently to minimize the power of the state towards increasing civil rights issues of liberty, equality and privacy.

1965 – Griswold v. Connecticut – The US Supreme Court struck down a state law prohibiting the possession, sale and distribution of contraceptives to married couples. The court ruled that it saw “penumbras” and “emanations” of the Right to Privacy in the Bill of Rights.

US Constitutional Win Again – 1969 – Unanimous decision by the US Supreme Court overruling the state in Stanley v. Georgia on the right to possess and view pornography in his own home (including pornography that might have a basis in criminal prosecution against the manufacturer or distributor).

And Again – 1972 – Roe v. Wade – The US Supreme Court overruled the state banking the decision on the “zone of privacy” established in precedent and the right to privacy was incorporated in a woman’s right to have an abortion.

State Wins - 1976 – Kelly v. Johnson – The US Supreme Court upheld a state ruling that it could enforce hygiene and grooming in a police officer limiting the “zone of privacy.

State Rights Win Again – 1975 – Ravin v. State ruling by the Alaska Supreme Court found constitutional protection for the right of a citizen to possess and use small quantities of marijuana in a home.

US Constitutional Rights Win – 1990 – Cruzan v. Missouri Department of Health the US Supreme Court overruled the state concluding that liberty included the right to make a decision to terminate life-prolonging medical treatments (although it accepted that states can impose certain conditions).

US Constitutional Rights Win Again – 2003 – Lawerence v. Texas, the US Supreme Court ruled that a Texas law asserting that two gay men could not participate in homosexual sodomy violated their right to liberty and privacy.

The rights of privacy we take for granted fling back and forth like a ping-pong balls with the rights of individuals versus the rights of society. It seemed that civil rights were gaining ground, and even the Right to Privacy rekindling its roots in The Bill of Rights.

Amendment I (privacy of beliefs),
Amendment III (privacy in the home),
Amendment IV (privacy of person and possessions),
Amendment IX (certain rights shall not be denied) and
Liberty Clause of the Fourteenth Amendment:
No State shall... deprive any person of life, liberty, or property,
without due process of law.
Along came the Patriot Act and then P2, Patriot Act 2, indicating that the Patriot Act will be around for while.

The interpretation of privacy will now begin a doctrine in history with new cases searching for the answers in the US Constitution and The Bill of Rights. What then do we know for sure?.

We know that shifts in societal opinion, party dominance in elections and appointment of judges will shape the changes that we face. Every Asset Protection Plan must be carved in stone and not subject to anyone’s interpretation; this is a well-designed plan. You will know what will happen to your assets in every situation you face. This is why Trustmakers does everything, pardon the expression, “squeaky clean”. We have to; you have to.

The Right to Privacy in Asset Protection and every other legal subject area is up for interpretation and without question, interpretation means risk. If and only if, and when and only when, everything is in order financially and legally in terms of compliance with the laws of every state and country, can Trustmakers protect your assets.

Until next time,

John

RELATED ARTICLES:

• Protect the equity in your home
• Asset Protection Plans
• C.A.L.M. Introduction
• Get educated on Asset Protection

ABOUT THIS EDITOR:

John Dietz is a strategic advisor at Trustmakers.com with a passion for client solutions that can encompass your business, your real estate, and your personal assets. Mr. Dietz serves to educate you on the latest in asset protection planning.

Full Bio - Email John