ABSTRACT

The definition of the right of privacy is one of the most debated concepts in American law. Many prominent legal scholars and practitioners argue that the right of privacy extends only to our right to be "let alone" from the prying eyes of the state or other private citizens. Samuel Warren and Louis Brandeis argued that the existing body of case law already contained the necessary elements for what they believed to be a broader, more comprehensive right of privacy—a "right to be let alone." What is sought to be kept private, even outside the home, is protected by the Fourth Amendment's prohibition of unreasonable searches. The labor organizations challenging the Federal Railroad Administration drug-testing policy argued that by authorizing compelled urine and blood tests without probable cause or individualized suspicion, the government violated the railroad employees' reasonable expectation of privacy and bodily integrity protected by the Fourth Amendment.