Please Don’t Tell My Mom! A Minor’s Right to Informational Privacy

Organization: Journal of Law & Education
Author: Caitlin Cullitan
Published: July 1, 2011
This Article argues for a new and improved approach to adolescents informational privacy rights
concerning matters of sexuality, such as minors’ exploration of sexual identity and minors’
access to sex-related health care. Departing from existing case law and scholarly commentary, this Article contends that courts should apply strict scrutiny to cases implicating a minor’s informational privacy rights concerning sexuality. Under strict scrutiny, state actors that infringe such rights would need to show not only a compelling interest, but that their infringement was narrowly tailored to advance the compelling interest.