The notion of privacy and the judicial construct of the “right to privacy” are inextricably linked with American concepts of sexual conduct. This linkage is so accepted, that we fail to notice that it is based on an ambiguity and a logical fallacy. When the Supreme Court recognized the “right of privacy,” it was not in fact referring to privacy, but to liberty. The notion of preventing legislative action in matters of sex and reproduction was introduced by Justice Harlan in 1961 with his declaration: "I believe that a statute making it a criminal offense for married couples to use...