Big Government Meets the Fourth Amendment
By Joe Carbonari
The question first becomes, How much of our privacy are we willing to cede to those entrusted to protect us? Then we must ask, How are we, average citizens, to know enough to rationally make the decisions required? Realistically, we cant. Too much secrecy and technology is involved.
After the Sept. 11, 2001, attacks we naturally tilted more to the security side, sacrificing some privacy. That was understandable. Now many of us feel that we may have tilted too far, particularly where metadata is concerned. Our phone records, emails, financial information, and health history are all either compromised or at risk. Shall we shrug and acquiesce? What actual power do we have?
We have the power of the ballot. We have the power to choose who makes the big decisions for us, what processes they must follow and who checks up on them. Their courage, intelligence, and character are key. Please choose carefully.
By Tim Baldwin
For example, the U.S. Supreme Court recently ruled that our DNA is subject to privacy interests, that governments use of drones is limited by the Fourth Amendment, and that government cannot affix GPS tracking on vehicles without a warrant.
It is amazing a constitutional Amendment ratified in 1791 still has a significant impact on limiting government action. This proves, in part, that Amendments to the Constitution (see, Article V, U.S.C.) work to limit government power.
The executives of government naturally care less for privacy rights, given the nature of their law-enforcement role; but thankfully state and federal judiciaries have largely and consistently been faithful at limiting big government tendencies through the Fourth Amendment.
Originally posted here:
Big Government Meets the Fourth Amendment
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- Pegasus spyware and Section 702 surveillance place the Fourth Amendment under siege - Washington Times - March 15th, 2026 [March 15th, 2026]
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- Fourth Amendment rights should not depend on your proximity to the border - Pacific Legal Foundation - December 14th, 2025 [December 14th, 2025]
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- Supreme Court to hear arguments in case tied to Fourth Amendment - WLBT - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WIS News 10 - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WDTV 5 - October 19th, 2025 [October 19th, 2025]
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- Supreme Court to hear arguments in case tied to Fourth Amendment - WCTV - October 17th, 2025 [October 17th, 2025]
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- Supreme Court to hear arguments in case tied to Fourth Amendment - WABI - October 17th, 2025 [October 17th, 2025]
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- Supreme Court to hear arguments in case tied to Fourth Amendment - WSAZ - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAVE News - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAFB - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - KY3 - October 17th, 2025 [October 17th, 2025]
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- Treasury Department surveillance at the southern border faces Fourth Amendment challenges - Reason Magazine - October 9th, 2025 [October 9th, 2025]
- Commentary: The Fourth Amendment will no longer protect you - The Daily Gazette - October 4th, 2025 [October 4th, 2025]
- Establishment Labs Holdings Inc. Enters into Fourth Amendment to Credit Agreement and Guaranty with Oaktree Fund Administration, LLC - MarketScreener - October 4th, 2025 [October 4th, 2025]
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- 'Against The Principles Of The Fourth Amendment' 80,000 AI Cameras Track Americans Daily As CEO Claims He Can Eliminate All Crime In 10 Years - Yahoo - September 21st, 2025 [September 21st, 2025]
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- The Supreme Court erased the Fourth Amendment by OKing Trumps immigration sweeps - MSNBC News - September 17th, 2025 [September 17th, 2025]
- Listen: Ali Velshi Explains How The Supreme Court Punched a Hole in The Fourth Amendment - The Philadelphia Citizen - September 17th, 2025 [September 17th, 2025]
- Port: We do not have Fourth Amendment rights if the government can punish us for exercising them - InForum - September 11th, 2025 [September 11th, 2025]
- North Carolina city declares itself a Fourth Amendment Workplace amid immigrant fears - Greensboro News and Record - September 9th, 2025 [September 9th, 2025]
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- ICE detainee to appear in Missoula court arguing about violation of Fourth Amendment and racial profiling - FOX 28 Spokane - July 12th, 2025 [July 12th, 2025]
- The Fourth Amendment and Sport: Holding, Offsides, and Illegal Contact Dont Always Happen on the Field of Play - The National Law Review - June 24th, 2025 [June 24th, 2025]
- Listen for Free to the First Hour of "The Digital Fourth Amendment" - Reason Magazine - June 20th, 2025 [June 20th, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Yahoo - May 22nd, 2025 [May 22nd, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Reason Magazine - May 19th, 2025 [May 19th, 2025]
- Revised Version of "Data Scanning and the Fourth Amendment" - Reason Magazine - May 15th, 2025 [May 15th, 2025]
- Fourth Amendment lawsuit: Michigan man claims officials tricked him into waiving rights - MLive.com - May 15th, 2025 [May 15th, 2025]
- Border Patrol to retrain hundreds of California agents on how to comply with the Fourth Amendment - Stocktonia - April 16th, 2025 [April 16th, 2025]
- Two women sue police officer, City of Reno for alleged Fourth Amendment violations - This Is Reno - March 15th, 2025 [March 15th, 2025]
- New Draft Article: "Data Scanning and the Fourth Amendment" - Reason - March 15th, 2025 [March 15th, 2025]
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- Geofencing, High Tech Surveillance and the Future of the Fourth Amendment - Law.com - March 9th, 2025 [March 9th, 2025]
- Justices Sotomayor and Gorsuch on the Fourth Amendment and Misdemeanor Arrests - Reason - February 25th, 2025 [February 25th, 2025]