WHALEN v. ROE

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Case Basics
Docket No. 
75-839
Appellee 
Roe
Appellant 
Whalen
Advocates
(Argued the cause for appellees Patient et al)
(Argued the cause for the appellant)
(Argued the cause for appellees Roe et al)
Tags
Term:
Facts of the Case 

In 1972, the state legislature enacted the New York State Controlled Substances Act. The Act required doctors to fill out forms for potentially harmful prescription drugs. The prescribing doctor kept one copy, while another copy was sent to the dispensing pharmacy and a third copy was sent to the state department of health. The forms included personal information such as the patient's name, address, and age.

Question 

Did the reporting and record-keeping requirements violate the constitutional right to privacy embraced by the concept of liberty under the Fourteenth Amendment?

Conclusion 
Decision: 9 votes for Whalen, 0 vote(s) against
Legal provision: Due Process

The Court held that the requirements of the Act did not on its face violate a "constitutionally protected 'zone of privacy.'" The Court found that the statutory scheme evidenced "a proper concern with, and protection of, the individual's interest in privacy" and that the "remote possibility" of potential abuses of data accumulation and disclosure were not sufficient to establish an invasion of any rights or liberties protected by the Fourteenth Amendment.

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WHALEN v. ROE. The Oyez Project at IIT Chicago-Kent College of Law. 28 September 2014. <http://www.oyez.org/cases/1970-1979/1976/1976_75_839>.
WHALEN v. ROE, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1970-1979/1976/1976_75_839 (last visited September 28, 2014).
"WHALEN v. ROE," The Oyez Project at IIT Chicago-Kent College of Law, accessed September 28, 2014, http://www.oyez.org/cases/1970-1979/1976/1976_75_839.