Legal Opinion · Dissent

Hill v. National Collegiate Athletic Assn.

California Supreme Court

Decided January 28, 1994No. S018180Published

1DissentMosk, J.

I dissent.

Article I, section 1 of the California Constitution declares a right of privacy. Its pronouncement is express. Nothing is left to implication. “All people” have an “inalienable right[]” to “pursu[e] and obtain[]” “privacy.”

Before proceeding a sentence further, we must make one point pellucidly clear.

This is not a case about the “policy” this court may think it best to formulate and implement with regard to privacy.

Rather, it is a case about the California Constitution and the role of the judiciary within the order it establishes.

The majority all but abrogate the right of privacy.…

2Cases cited62 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. United States v. MatlockSupreme Court of the United States · 1974
  4. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  5. Olmstead v. United StatesSupreme Court of the United States · 1928

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