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Article
Third Amendment Penumbras: Some Preliminary Observations
Tennessee Law Review (2015)
  • Glenn Reynolds
Abstract
In the landmark case of Griswold v. Connecticut, the Supreme Court told us that the Third Amendment casts a penumbra. This Essay, part of a Tennessee Law Review symposium on the Third Amendment, looks at the Third Amendment, and its construction in such cases as Griswold and Engblom v. Carey, to conclude that the Third Amendment's penumbral protections may extend to protect areas of domestic concern against state interference in the form of things like "affirmative consent" laws, regulation of childrearing practices, and invasions of electronic privacy. It concludes with some thoughts on how the Third Amendment should be read together with other protections contained within the Bill of Rights.
Keywords
  • Third Amendment,
  • Penumbras,
  • Griswold,
  • Engblom,
  • Malware,
  • Spyware,
  • Affirmative Consent,
  • Childrearing,
  • Spanking,
  • Sodomy
Disciplines
Publication Date
Spring 2015
Citation Information
Glenn Reynolds. "Third Amendment Penumbras: Some Preliminary Observations" Tennessee Law Review Vol. 82 Iss. 3 (2015) p. 557 - 566
Available at: http://works.bepress.com/glenn-reynolds/64/