In the juvenile 1981 sex-comedy, Porky’s, there’s a scene where teenaged boys are looking at the girls’ showers through a hole. At the time, it was considered hysterically funny. Today, it would be outrageous, an inexcusable violation of the privacy of the young women. But Judge Jorge Alonso of the Northern District of Illinois says otherwise.
So far, the right not to be seen unclothed by the opposite sex is not on the Supreme
Court’s list. By bodily integrity, the Supreme Court was talking about physical bodily integrity,
not visual bodily privacy. Rochin v. California, 342 U.S. 165, 172 (1952).
This will no doubt come as a shock to some, that there is no substantive due process right to not be viewed naked by “the opposite sex.” There are many who argue, without basis beyond the depth of their passion, that there should be some free-floating right to privacy from all, including the teenagers who might pull a Porky’s. But here, one step further away, the government can compel a woman to shower knowing that the boys are looking. Well, not exactly the fact pattern Judge Alonso was talking about. Continue reading →