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Comment by AnthonyMouse

1 year ago

Then how do you explain these?

https://cs.stanford.edu/people/eroberts/cs181/projects/anony...

I see controversy and a lot of dissent among Justices, but no decisions that explicitly declare a Constitutional right to anonymity.

And the modern Court explicitly declared that a Constitutional right to privacy does not exist, and one cannot have anonymity without privacy, so no.

  • > I see controversy and a lot of dissent among Justices,

    Precedent is set by the majority, not the dissent.

    > but no decisions that explicitly declare a Constitutional right to anonymity.

    Weird then that there are several decisions striking down laws that violate the right to anonymous speech?

    > And the modern Court explicitly declared that a Constitutional right to privacy does not exist, and one cannot have anonymity without privacy

    One cannot refuse to turn over one's papers and effects in the absence of probable cause without privacy either.

    Consider the possibility that there could be a right to anonymous speech without a right to anonymous practice of medicine. A universal right to privacy would require both. Just because it isn't both doesn't mean it's neither.

    • >One cannot refuse to turn over one's papers and effects in the absence of probable cause without privacy either.

      Yes. I believe a right to privacy once existed, but it was nullified as it formed the basis of the case for Roe V. Wade. As a result even the Fourth Amendment is weakened because it must be interpreted in the light of a right to privacy no longer existing.

      What I'm trying to put forth is that the assumptions you're working under are no longer valid and we've thrown the baby out with the bathwater.

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