| Quote of the Day |
| The First Amendment is often inconvenient. But that is besides the point. Inconvenience does not absolve the government of its obligation to tolerate speech. |
| - Justice Anthony Kennedy |
Presidential wiretaps legal?
Volokh Conspiracy has the most even handed and thoughtful discussion of presidential wiretaps. I hesitate to add to or critique this scholarly piece but I do have a small quibble with the customs discussion.
The "functional equivalent of the border" is indeed very broad and warrantless searches in this border area are permissible in circumstances that usually require a warrant. I also agree that there is no reason to exclude computer "data" from the broad customs powers. Nevertheless, I think a different analysis applies when the data is "speech." Seizures of "data" that is speech is very close to "abridging the freedom of speech" and is a form of prior restraint--presumptively unconstitutional.
Read the whole thought-provoking article.
Posted by
Joseph R. McFaul
on Monday, December 19, 2005 at 19:17
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