I reflect continually on the U.S. Constitution and was pleased to be given the chance to speak at Princeton University yesterday on the eve of Constitution Day, the day that Senator Robert Byrd established ten years ago as the day to honor the U.S. Constitution. Too often discussions of the Fourth Amendment refer to protection of privacy. Such a discussion misses the larger significance of protection against unreasonable search and seizure. No person in America should be placed under suspicion, even provisionally, without probable cause. To do so destroys the founding presumption of equality. It is more subtle than profiling people of swarthy complexions at airports, but it is no less pernicious. The bulk collection of personal data about Americans surely degrades their privacy, but worse, it says to them, “Your government wants to make sure that you are not in that class of people suspected of doing harm. We’ll get back to you after we are sure.” In today’s society of sharing details of one’s life on social media arguments of privacy lose saliency. Let us hope the principle of equality does not lose its saliency.
Posted on: Wed, 17 Sep 2014 11:06:06 +0000
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