What are the legal implications with reference to Graphology?
Legally, handwriting is considered behavior in public as indicated by the US Supreme Court decision, United States v. Marat (1973). Writing is a physical characteristic that is repeatedly shown in public. Therefore, handwriting analysis is protected from the Fourth Amendment’s individual’s privacy conditions as indicated by the US Supreme Court decision, United States v. Dionisio (1973). Commenting on publicly observed behavior is not an invasion of privacy as indicated by the US Supreme Court decision, United States v. Rosinsky (1977). The protection of the Fifth Amendment’s self-incrimination privilege does not apply under these circumstances as indicated by the US Supreme Court decision, Gilbert v. California (1967). Ethically, the ability to analyze a person’s writing without their knowledge violates their right to privacy. In the practice of graphology and as a legal precaution always obtain the writer’s and, if applicable, the writer’s doctor/psychologist’s permission. Always sta
