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McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995), is a case in which the Supreme Court of the United States held that an Ohio statute prohibiting anonymous campaign literature is unconstitutional because it violates the First Amendment to the U.S. Constitution, which protects the freedom of speech.
The right to privacy is a fundamental human right firmly grounded in international law. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR); while the right to privacy does not appear in the document, Article 12 mentions privacy:
The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler.
States that rights not enumerated in the Constitution are retained by the people. September 25, 1789 December 15, 1791 2 years, 81 days 10th [21] States that the federal government possesses only those powers delegated, or enumerated, to it through the Constitution, and that all other powers are reserved to the states, or to the people.
This is true even when pursuing a public purpose such as exercising police powers or passing legislation. The Constitution, however, only protects against state actors. Invasions of privacy by individuals can only be remedied under previous court decisions. The First Amendment protects the right to free assembly, broadening privacy rights.
Anonymity is seen as a technique, or a way of realizing, a certain other values, such as privacy, or liberty. Over the past few years, anonymity tools used on the dark web by criminals and malicious users have drastically altered the ability of law enforcement to use conventional surveillance techniques. [2] [3]
Gun rights activists in recent decades have sometimes argued for a fundamental natural right to keep and bear arms in the United States that both predates the U.S. Constitution and is covered by the Constitution's Ninth Amendment; according to this viewpoint, the Second Amendment only enumerates a pre-existing right to keep and bear arms. [25]
Anonymity is the "desire of individuals for times of 'public privacy.'" [114] Lastly, reserve is the "creation of a psychological barrier against unwanted intrusion"; this creation of a psychological barrier requires others to respect an individual's need or desire to restrict communication of information concerning themself.