PDA

View Full Version : Supreme Court Justice Antonin Scalia on privacy protections: "Blah blah blah, garbage."




Lucille
09-27-2013, 08:52 AM
This will be the attitude of most of our black-robed overlords, in the event it goes to SCOTUS.

This Is What Supreme Court Justice Antonin Scalia Thinks About Your Privacy Rights...
http://www.zerohedge.com/news/2013-09-26/what-supreme-court-justice-antonin-scalia-thinks-about-your-privacy-rights


Supreme Court Justice Antonin Scalia spoke yesterday at the Northern Virginia Technology Council’s (NVTC) Titans breakfast gathering in McLean, Virginia. He discussed the fact that prior to a Supreme Court decision in 1967, there were no constitutional prohibitions on wiretaps because conversations were not explicitly granted privacy protection under the Fourth Amendment. He goes on to imply that he thinks it was better before such privacy rights existed.

According to the AP:


Scalia said that before the court’s 1967 opinion on wiretapping, the high court held the view that there were no constitutional prohibitions on wiretaps because conversations were not explicitly granted privacy protection under the Fourth Amendment, which protects against Americans against unreasonable search and seizure of “their persons, houses, papers, and effects.”

But he said then the Warren court stepped in and found that “there’s a generalized right of privacy that comes from penumbras and emanations, blah blah blah, garbage.”

Blah, blah, blah garbage is how a Supreme Court Justice describes privacy protections. Protections that may have prevented FBI surveillance against Martin Luther King Jr., John Lennon and countless other activists. Remember that: All My Heroes Have FBI Files.

When Scalia's quoted by posterity, I hope "Blah blah blah, garbage" is the one quoted most.

Let's compare (www.ronpaulforums.com/showthread.php?422999-Letter-From-Edward-Snowden%92s-Father-And-His-Lawyer-Bruce-Fein-To-President-Obama) him to another SCOTUS Justice on the Fourth:


The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

These, I protest, are not mere second-class rights but belong in the catalog of indispensable freedoms. Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart. Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government. And one need only briefly to have dwelt and worked among a people possessed of many admirable qualities but deprived of these rights to know that the human personality deteriorates and dignity and self-reliance disappear where homes, persons and possessions are subject at any hour to unheralded search and seizure by the police.

http://farm6.staticflickr.com/5501/9960047904_8df0e2607f_b.jpg

http://www.zerohedge.com/contributed/2013-09-26/antocrony-scalia

angelatc
09-27-2013, 08:55 AM
Scalia isn't the worst. He has always been an advocate for the literal translation of the Constitution. I'm not surprised to find out that he didn't like the decision that wrote in the right to privacy, which is also what gave us Roe v Wade. He's very pro-life.

The answer is obvious - change the constitution if you don't like what it says.

Lucille
09-27-2013, 09:14 AM
Scalia isn't the worst. He has always been an advocate for the literal translation of the Constitution. I'm not surprised to find out that he didn't like the decision that wrote in the right to privacy, which is also what gave us Roe v Wade. He's very pro-life.

The answer is obvious - change the constitution if you don't like what it says.

I like what it says:


The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Somehow they read that and see permission for Writs of Assistance.

"How strangely will the Tools of a Tyrant pervert the plain Meaning of Words!"
--Samuel Adams

Brett85
09-27-2013, 09:40 AM
This is why I don't want this to actually go to the Supreme Court. It would just set a precedent in favor of giving the federal government unlimited wiretapping powers. It would be a 5-4 decision with the conservatives on the court in the majority and the liberals in the minority. It's strange that the liberals on the Supreme Court are actually better than the conservatives on these types of issues. I don't really understand that at all. I don't see why "small government conservatives" shouldn't believe in privacy.

mczerone
09-27-2013, 09:58 AM
How are the digital transmissions emitted from my property not my "effects"?

That's the only plain reading of that term in the 4th Amendment, and it provides "right to privacy" without resorting to extra-constitutional "penumbrae".

If you don't care about those transmissions, don't protect them. If you DO care, then secure them. It's up to you to utilize your rights.

ClydeCoulter
09-27-2013, 10:10 AM
Let me see. Light is reflected from your papers and effects, so...they're not stealing anything if they just look at them or take pictures and copies. Stop reflecting light if you don't want to be seen in your own home. /sarc

surf
09-27-2013, 10:10 AM
How are the digital transmissions emitted from my property not my "effects"?

That's the only plain reading of that term in the 4th Amendment, and it provides "right to privacy" without resorting to extra-constitutional "penumbrae".

If you don't care about those transmissions, don't protect them. If you DO care, then secure them. It's up to you to utilize your rights.while I agree with your initial assessment, your last sentence is confusing. in effect it sounds like you are making the case that if you do not have a mote, armed guards, a massive security system, etc. then it is your fault if your home is broken into.