Do people have a fundamental right of privacy, i.e., “to be left alone”? Is that fundamental right of privacy violated when Obama by Executive Order requires disclosure of a person’s contributions to independent organizations in order to get a government contract?
In areas where privacy is constitutionally protected the government must meet the highest level of scrutiny, i.e., show a “compelling state interest”.
Obama justifies by saying that transparency is important. Yes The People want more transparency but it’s hardly “a compelling state interest”.
Obama’s Executive Order for disclosure smacks of intimidation.
The picture above of of Walden’s Pond. Where Walden was left alone …
DrCameronJackson@gmail.com
“In what the White House calls a push for transparency, a pending executive order would require companies doing business with the federal government to disclose political contributions to independent groups, but would not place the same requirement on public employee unions or federal grant recipients that typically donate to Democrats.
Entitled the “Disclosure of Political Spending By Government Contractors,†the order would implement parts of the DISCLOSE Act, which failed to get through Congress last year. The legislation sought to restrict campaign speech after the landmark Citizens United vs. Federal Elections Commission U.S. Supreme Court ruling that upheld the right of corporations and unions to donate to campaigns.White House Press Secretary Jay Carney confirmed Monday that work is underway on the draft order, and linked the move to President Obamaâ€
“The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, . . . the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution. . . . These decisions make it clear that only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ Palko v. Connecticut, 302 U.S. 319, 325 (1937), are included in this guarantee of personal privacy.