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State v. Druktenis1/30/2004
ven a fair opportunity to pursue their desire to live peaceably, pursue a livelihood, and enjoy the rights to pursue liberty, safety, and happiness, unhindered by continuing long-term active government compilation and dissemination of private identifying information. These declared rights include the right to protection of one's private life from unreasonable government intrusion: " he right to be let alone--the most comprehensive of rights and the right most valued by civilized men." Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting), overruled in part on other grounds by Katz v. United States, 389 U.S. 347, 352-53 (1967). The right to enjoy life and liberty, to acquire property, and to seek and obtain safety and happiness, are "natural, inherent and inalienable" rights under the New Mexico Constitution. N.M. Const. art. II, § 4.
"Of concern . . . is any system of governmental information-gathering, information-preservation, and/or information-dissemination that threatens to leave individuals with insufficient control over who knows what about their lives. Such control must be understood as a basic part of the right to shape the "self" that one presents to the world, and on the basis of which the world in turn shapes one's existence. "Am I not what I am, to some degree in virtue of what others think and feel me to be?"
Tribe, supra, § 15-16, at 1389-90 (quoting I. Berlin, Four Essays on Liberty 155 (1969)) (footnote omitted).
One's right to find work in common occupations must at the very least be considered an important one. See Hampton v. Mow Sun Wong, 426 U.S. 88, 103 n.23 (1976) ("It requires no argument to show that the right to work for a living in the common occupations of the community is of the very essence of the personal freedom and opportunity that it was the purpose of the [Fourteenth] Amendment to secure." (internal quotation marks and citation omitted)); Barsky v. Bd. of Regents, 347 U.S. 442, 472 (1954) (Douglas, J., dissenting) ("The right to work, I had assumed, was the most precious liberty that man possesses. Man has indeed as much right to work as he has to live, to be free, to own property."); State v. Spears, 57 N.M. 400, 409-10, 259 P.2d 356, 362 (1953) (stating that " he right of a citizen under our Constitution to follow any legitimate business, occupation, or calling which he may see fit to engage in, and to use such right as a means of livelihood, is fully secured" but still subject to reasonable regulation required for the public welfare); see also Schware v. Bd. of Bar Exam'rs of N.M., 353 U.S. 232, 246-47 (1957) (holding that the state deprived the petitioner of liberty without due process of law when, presumably based on concern of the risk of harm to society from communism, it denied him admission to the bar on a record which could not rationally justify a finding of unfitness to practice law).
Furthermore, an important element of personal freedom must be the ability to change residences in a community or state without the government actively informing any and all where each new residence is located. Compare Corbin v. Chitwood, 145 F. Supp. 2d 92, 98 (D. Me. 2001) (holding that under First Circuit case law, disclosure of one's home address does not warrant constitutional privacy protection), with Doe v. Pryor, 61 F. Supp. 2d 1224, 1232 (M.D. Ala. 1999) (holding notification "law deprive the plaintiff of a legitimate privacy interest in his home address," based on the view that " he [sex offender] clearly has some privacy interest in the nondisclosure of his home address").
In response to these concerns of limiting a person's ability to establish a private home and to earn a livelihood, of
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