socialmedian: UCLA Law Review » From Privacy To Liberty: The Fourth Amendment After Lawrence

Hi there. I'm Jason, one of the founders of socialmedian.

socialmedian delivers the news, filtered by your network.

We'd love to have you join in.

You can use facebook connect to sign in.

Add News Flash

User-submitted headlines for this story

Clip

UCLA Law Review » From Privacy To Liberty: The Fourth Amendment After Lawrence

Submitted by Logicalextremes from Google Reader

Nov 06, 2009

Summary

This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court’s third-party doctrine, we have no constitutionally protected expectation of privacy in what we reveal to other persons. The effect of this doctrine is to leave many aspects of ordinary life shared in the company of others constitutionally unprotected. In an increasingly socially networked world, the Fourth Amendment may fail to protect precisely those liberties—to live in the company of others free from state surveillance and intrusion—the Constitution should protect. Against the background of the third-party doctrine, we guarantee our privacy only by avoiding ordinary acts of interpersonal sharing. By contrast, the Court in Lawrence explains that intimate conduct occurring within protected personal relationships constitutes a private sphere wherein government may not intrude. Because the third-party doctrine views p ...Read the full article

Comments (0)

Add Your Comment