Saint Louis University Public Law Review
Privacy, Liberty Clause, First Amendment
Privacy as a protected right for employees in the United States is grounded in several constitutional provisions. Most generally, the notion of privacy is associated with confidentiality of information , which is protected under both the Liberty Clause of the Constitution's Fourteenth Amendment and the Fourth Amendment's protection from unreasonable searches and seizures. However, an expanded understanding of privacy can find protection under the concepts of the right of association protected under the Liberty Clause and the First Amendment, expression of ideas under the Free Speech Clause of the First Amendment, and practice of one's religious beliefs under the Free Exercise of Religion Clause of the First Amendment. In addition, every state has confidentiality statutes protecting disclosure of employee information and constitutional provisions similar to those in the Federal Constitution.
Ralph D. Mawdsley, "School Board Control Over Education and A Teacher's Right to Privacy", 23 Saint Louis University Public Law Review 609 (2004).