The Supreme Court is set to decide whether individuals have a right of informational privacy under the First Amendment. The underlying facts involve government contract workers at NASA who seek to protect information about their personal lives, from personal finances to their sex lives, sought by the government during a background check. The Supreme Court’s decision will effect how the government investigates the background of employees.
The 9th Circuit issued a temporary injunction halting the background checks until the issue is decided. The 9th Circuit also referred to one line in a 1977 Supreme Court decision that makes a oblique reference to the right of informational privacy. Since that decision, the Supreme Court has made no mention of the issue.