Griswold v. Connecticut

1965

Venue: SCOTUS

Facts: CT law penalizes the use of contraception.

Posture: Unknown.

Issue: Is this prohibition constitutional?

Holding: No.

Rule: A governmental purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.

Reasoning: We can find rights not specifically mentioned. Derrivation of the right to privacy: it peeks out from several other rights.

The relations between husband, wife, and physician have a strong privacy interest, and by regulating the USE, rather than SALE or MANUFACTURE, this law is maximizes its destructive intent.


Dicta: Penumbras and emanations. Super-legislature.