The Right to Privacy in Texas: From Common Law Origins to 21st Century Protections

John C. Domino explores the origins and development of the right to privacy in Texas, highlighting its incremental evolution and limitations in protecting reproductive health and sexual intimacy.

Format: Hardback
Length: 182 pages
Publication date: 15 May 2024
Publisher: Lexington Books

John C. Domino explores the historical roots and evolution of privacy rights in Texas, tracing their development from a time when state courts had yet to acknowledge common law tort doctrines and state constitutional provisions safeguarding privacy to the eventual establishment of a robust right through groundbreaking cases. Contrary to the common belief that privacy rights emerged solely from U.S. Supreme Court decisions like Griswold v. Connecticut, Texas privacy law has evolved gradually and has not encompassed issues related to reproduction, abortion, and sexuality. Instead, privacy in Texas is best understood as the right to be "let alone," as coined by Warren and Brandeis in their 1890 Harvard Law Review article. The daily lives of individuals in Texas are significantly influenced by state court rulings and statutes rather than federal court decisions. Additionally, the state boasts innovative statutory data and consumer privacy protections, ranking among the most advanced in the nation. However, the right to privacy in Texas has significant limitations and fails to adequately safeguard many Texans from government intrusions in the areas of reproductive health and sexual intimacy.

Weight: 472g
Dimension: 237 x 158 x 20 (mm)
ISBN-13: 9781666933116