Divided 5th Circuit Panel Finds No Constitutional Privacy Protection for Lesbian High School Student

A panel of the U.S. Court of Appeals for the 5th Circuit voted 2-1 that a lesbian high school student did not have a clearly established constitutional right of informational privacy in her sexual orientation.  Reversing a district court ruling, the panel held that two female high school softball coaches enjoy immunity from constitutional liability for “outing” the girl to her mother, in apparent retaliation for the girl having told another student that one of … <Read More>

A 4th Amendment Outrage: Supreme Court Approves DNA Testing for Arrestees, 5-4

The Supreme Court ruled 5-4 today [Maryland v. King, No. 12-207, June 3, 2013] that when the police have probable cause to arrest somebody, they can take a cheek swab and send the results to a national DNA database, and then ask that the results be used to determine whether the arrestee can be associated with any unsolved crimes for which there is DNA evidence.  Blazing a new trail in the relentless invasion of privacy … <Read More>