* You don’t have the right to get half naked in an airport to protest the TSA’s policies. Aaron Tobey’s lawsuit has been stripped of its Fourth Amendment claims following a dismissal. [Washington Post]
- Breasts, Constitutional Law, Drinking, Facebook, Gibson Dunn, Job Searches, Money, Morning Docket, Pets
- 9th Circuit, Alex Kozinski, Constitutional Law, Email Scandals, Federal Judges, Media and Journalism, Privacy, Technology
The Honorable Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, and one of his law clerks have penned a eulogy for the Fourth Amendment. It’s been murdered, Judge Kozinski and Stephanie Grace write in an editorial for The Daily, and you all are the guilty culprits.
You’ve put a knife in it, by letting supermarkets track your shopping in exchange for loyalty discounts, letting Amazon and eBay store your credit card info, and letting Google track the websites you visit and take photos of your homes with satellites.
The problem, at least constitutionally speaking, is that the Fourth Amendment protects only what we reasonably expect to keep private. One facet of this rule, known as the third party doctrine, is that we don’t have reasonable expectations of privacy in things we’ve already revealed to other people or the public…
With so little left private, the Fourth Amendment is all but obsolete. Where police officers once needed a warrant to search your bookshelf for “Atlas Shrugged,” they can now simply ask Amazon.com if you bought it. Where police needed probable cause before seizing your day planner, they can now piece together your whereabouts from your purchases, cellphone data and car’s GPS. Someday soon we’ll realize that we’ve lost everything we once cherished as private.
The lamentation for the loss of privacy has special resonance coming from these two, because it’s by one of the top federal judges in the country and that Stephanie Grace.
* Starbucks sued for not being nice to dwarfs. I propose to fix this by offering a dwarf-sized coffee that is the volume of a full-sized dwarf. That way, everybody would learn that dwarfs might be small in stature but huge if you had to drink one. [ABA Journal]
* Happy is the lawyer who has clients who are worse at math than he is. [Constitutional Daily]
* It’s not that I think cops shouldn’t be allowed to break down doors if they fear evidence is being destroyed. It’s that I don’t want cops to break down my door for the crime of “owning a door while black,” while invoking the “we thought we smelled pot and he was smoking the evidence” exception. [Law & Technology / Forbes]
* Could Goodwin Liu get a hearing already? [The BLT: The Blog of Legal Times]
* Eric Schneiderman, if you want to be governor in 7 years, you’re going to have to give us a little more than this. [WSJ Law Blog]
* Apple was hit with a lawsuit by parents angry that their credit cards were being used by their stupid kids to buy dumb swag in iPhone games. [Time]
* When police use GPS to lojack hoes that drive Volvos and Rodeos, can they do it without a warrant? [WSJ Law Blog]
* An article about the ABA Commission on Ethics 20/20, or something like that. I’m not sure as I dozed off halfway through, like I regularly did during Ethics class in law school. [ABA Journal]
* This post details various sports goings-on, like the possible move of the Sacramento Kings and former linebacker and all-around gentleman Bill Romanowski. Because Lat demands all the sports coverage we can find. [Am Law Daily]
* Eric Holder failed to pay taxes on his dead mother’s house. Until he did. Then the Post ran a story about when he didn’t. After he did. Super cool story, Post. [New York Post]
I’m surprised we’re not seeing more of this. As TSA continues to scan and/or feel-up everybody who gets on a plane, raising questions under the Fourth Amendment, an Oklahoman woman stripped down to her underwear to prove a point.
According to a report by News 9 – Oklahoma, Dr. Tammy Banovac, 52, arrived at the Oklahoma City airport wearing an overcoat and in a wheelchair. When she got to security, she removed the coat, revealing her curvaceous figure — clad in nothing but a black bra and panties. She refused to go through the metal detector, so she had to be subjected to a pat-down.
Is there video? Would I be posting this if there wasn’t?