Yet Another Federal Court Fail
Conservatives and libertarians often count on the federal courts to “protect their rights.” This is a bad strategy. Most of the time it fails. Instead of protecting rights, federal courts hand down bad precedents that end up applying to the entire United States. Yet...
Restoring the Fourth Amendment’s Oath or Affirmation Clause
The Fourth Amendment’s requirements for obtaining a warrant have been subverted in practice and in legal theory. That’s the argument made in “The Broken Fourth Amendment Oath” paper written by Law Professor Laurent Sacharoff. The paper focuses on the need for...
No Expectation of Privacy? Are You Sure About That?
A lot of people just parrot things they hear without really thinking about it. If they did carefully consider what they were saying, they probably wouldn’t say it. This is particularly true when it comes to mass, warrantless surveillance. The Lexington Police...