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Complaisance with Speech Surveillance

-- By LeylaHadi - 04 Mar 2015

What the fear is - the government surveillance. Why regulations can't work - 1st amendment. But can't the 1st amendment be the basis upon which to challenge the government surveillance? Why isn't it?

Isn't a part of the reason why we would never have believed Snowden and are still in a form of paralysis or active denial about it is because we think we are somehow protected by the 1st amendment? Or is my conception of the 1st amendment completely false?

Fourth Amendment Protection

The prevalent and archetypical view that spying is done in specific places on specific people who have created suspicion based on their activities is, in our time, false. The popular First World fear over the prospect that the government will replace cops with drones, and where the privacy line will end up when drones take over law enforcement, speaks to the persistent idea that we can only be physically under surveillance. Having our physical actions observed without our consent has been the predominant focus of Fourth Amendment search cases. We have reasonable expected privacy within the home, but not when sea re stationary or transitory in public space. Inspection of physical aspects of the home has been found illegal when made through thermal imaging; yet, our speech, in the public or private domain, has not been given the same level of privacy. While the government may not create any law that hinders upon the freedom to say whatever we will, it does not protect us from having that speech obtained against our will and potentially used against us.

Only the Physical

Comparison of Cases about Physical versus Verbal

Extending the Fourth Amendment to Speech

Purpose of the Fourth Amendment as Seen Through Judicial Interpretation

Data Surveillance and Metadata

First Amendment Protection

Rationale Behind Exceptions

Enumeration of Rights

Protection

Examples - How Else Could it Possibly Look and the Use of Fear

Two Rights Make A Wrong

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