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. |