Date of Award
2011
Document Type
Dissertation/Thesis
Submission Date
October 2026
Thesis/Dissertation Advisor [Chair]
Tunick, Mark
Thesis/Dissertation Co-Chair
Earles, Julie
Abstract
Privacy as a legal concept affects every single American citizen whether they know it or not. Justice Harlan's concurrence in Katz v. United States, 389 U.S. 347 defined an expectation of privacy as one that society must recognize as objectively reasonable. The court has used this doctrine to establish different privacy tests for different situations, yet has never empirically determined whether its decisions accurately reflect society's view of what is 'reasonable.' To that end, this paper will examine the philosophical and historical origins of the right to privacy, and well as its development by the Supreme Court to its current status. I'll compare the Supreme Court's interpretation of society's expectations with empirical data from psychological studies and conduct a normative analysis to determine if the Supreme Court has accurately interpreted society's expectations and correctly crafted the right to privacy to ideally protect the citizens and limit state invasions of privacy.
Recommended Citation
Mathieu, Wesley, "The death of privacy: an empirical analysis of fourth amendment jurisprudence" (2011). Harriet L Wilkes Honors College Theses 2010 - 2019. 72.
https://digitalcommons.fau.edu/etd_honors_2/72
Extent
70 p.
Identifier
FA00003593
Comments
Includes bibliography.