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To: Vicomte13
On the other hand, there is the directly conflicting view that views the right to family privacy and the home as a fundamental human right. This is not currently US law, but it is currently French law.

Bzzzzzzzzzt. Wrong. See Griswold Penumbras et al.

1,439 posted on 06/24/2005 2:41:28 PM PDT by jwalsh07 ("Su casa es mi casa!" SCOTUS 6/23/05)
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To: jwalsh07

I wrote: "On the other hand, there is the directly conflicting view that views the right to family privacy and the home as a fundamental human right. This is not currently US law, but it is currently French law."

You replied: "Bzzzzzzzzzt. Wrong. See Griswold Penumbras et al."

Oh, certainly under US law there is an absolute right to privacy. But it only applies to abortion, birth control and homosexual sex. Otherwise, there is no fundamental human right to privacy in the United States. If I snap your picture on the street with your family, or your mistress, and publish this, in the US I am exercising my right of free speech. In France, I am committing the crime of assault on your private life.

In the US, if I sue you, I can demand your personal papers and rifle through them to try and find evidence against you: "discovery".

In France, if I sue you, I have no right at all to your private papers. That would be an assault on my privacy.

And so on.

In the US, when it comes to killing children and sodomy, there is indeed a constitutional right of privacy, emanating from the penumbra of some amendments to the US Constitution.

In France, there is a formal, legal right of privacy, and it is a criminal offense to intrude upon private life in any vector. Such exceptions as there are, are derogations from the general rule that privacy is a fundamental human right.

America's penumbra of privacy is the right to use a condom while having sex, with a man or woman, and if with a woman and she gets pregnant, for her to kill the baby practically until childbirth.

France's fundamental privacy is a fundamental right of privacy. Companies cannot collect your private information and sell it. People cannot take your picture and publish it. Enemies cannot sue you and subpoena your private papers.

Right to private sex and infanticide is limited.
It is not a fundamental human right to private life in general. The French right is a fundamental human right to private life in general.

Imagine a 28th Amendment to the US Constitution:
"The right of persons to maintain their privacy shall be protected by law and shall not infringed by law."

That is not American law.
It is French law.

I like to bring this up because folks like you just utterly hate and despise the French. It is pleasant taunting you with rights that you wish you had, but that the French do have. Not everything in France is crazy and ridiculous, and really we should not pretend that it is.


1,444 posted on 06/24/2005 3:18:46 PM PDT by Vicomte13 (Et alors?)
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