Constitutional law professor Jonathan Turley writes:
Below is my column today in The Washington Post. The article explores the famed Katz test and whether, in trying to save privacy in America, the Supreme Court may have laid the seeds for its destruction. The test ties our privacy protections to our privacy expectations. Thus, as our expectations falls, warrantless surveillance rises — causing our expectations again fall and in turn allowing warrantless surveillance to rise further. It becomes a face to the bottom of privacy. The terrible truth is that the death of privacy in America will not be accompanied by thunderous applause, but a collective yawn from an indifferent people. Here is the column.
Read more on his blog. At one point as I was reading it, I thought to myself, “Hold it. The DOJ arguing for warrantless GPS surveillance and claiming that we have no reasonable expectation of privacy” is the DOJ under a Democrat. A Democrat who ran as a moderate liberal. A Democrat who said he cared about privacy and these issues.
What happened to that guy? Maybe his base needs to remind him that he was elected to get away from the excesses of the Bush administration, not to expand them.