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Robert Borks The Right of Privacy examined the landmark case Griswald v Conneticut Borks originalist view proclaimed that Justice Douglas erroneously interpreted the right of privacy from the Constitution The originalist view is that judges must strictly adhere to the language of the Constitution thus people do not have a general right to privacy because it was never actually written into the Constitution This view severely restricts judges in dealing with new issues that our forefathers could not have possibly envisioned The inability of originalist to deal with modern and future problems displays a need for Supreme Court judges to be able to interpret laws from the ConstitutionWithout this ability it would be doubtful if people today could claim a general right to privacyThe Griswald case involved a bizarre law that forbade the use of condoms in the hope that it would prevent adulterous affairs This deduction is as absurd as banning all sales of chocolate in order to prevent obesityRobert Bork admitted that this law did not make sense especially in the ability of government officials to enforce the law Yet Bork disagreed with the method used by Justice Douglas to overturn the conviction of two doctors distributing information on condoms Bork felt that Douglass liberal use of penumbras to create a zone of privacy was an excessive use of judicial power Bork feels a judge must follow the Constitution and should not imply anything from the various ideas in the Constitution This poses problems when trying to deal with cases that the Constitution does not specifically mention For example without the ability to interpret some of the various amendments in the constitution it would be virtually impossible for a judge to decide cases dealing with the on-line world Is an on-line service provider similar to a magazine publisher Responsible for the information that it disseminates or like a bookstore That is not specifically liable for the information that it disseminates These types of
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