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[T]here is both an intrinsic and instrumental value to privacy. Intrinsically, privacy is precious to the extent that it is a component of a liberty. Part of citizenship in a free society is the expectation that one's personal affairs and physical person are inviolable so long as one remains within the law. A robust concept of freedom includes the freedom from constant and intrusive government surveillance of one's life. From this perspective, Fourth Amendment violations are objectionable for the simple fact that the government is doing something it has no licence to do–that is, invading the privacy of a law-abiding citizen by monitoring her daily activities and laying hands on her person without any evidence of wrongdoing. Privacy is also instrumental in nature. This aspect of the right highlights the pernicious effects, rather than the inherent illegitimacy, of intrusive, suspicionless surveillance. For example, encroachments on individual privacy undermine democratic institutions by chilling free speech. When citizens–especially those espousing unpopular viewpoints–are aware that the intimate details of their personal lives are pervasively monitored by government, or even that they could be singled out for discriminatory treatment by government officials as a result of their First Amendment expressive activities, they are less likely to freely express their dissident views. ↗
#constitution #constitutional-rights #first-amendment #fourth-amendment #free-speech
Deep down, Story Easton knew what would happen if she attempted to off herself—she would fail It was a matter of probability. This was not a new thing, failure. She was, had always been, a failure of fairy-tale proportion. Quitting wasn’t Story’s problem. She had tried, really tried, lots of things during different stages of her life—Girl Scours, the viola, gardening, Tommy Andres from senior year American Lit—but zero cookie sales, four broken strings, two withered azalea bushes, and one uniquely humiliating breakup later, Story still had not tasted success, and with a shriveled-up writing career as her latest disappointment, she realized no magic slippers or fairy dust was going to rescue her from her Anti-Midas Touch. No Happily Ever After was coming. So she had learned to find a certain comfort in failure. In addition to her own screw-ups, others’ mistakes became cozy blankets to cuddle, and she snuggled up to famous failures like most people embrace triumph. The Battle of Little Bighorn—a thing of beauty. The Bay of Pigs—delicious debacle. The Y2K Bug—gorgeously disappointing fuck-up. Geraldo’s anti-climactic Al Capone exhumation—oops! Jaws III—heaven on film. Tattooed eyeliner—eyelids everywhere, revolting. Really revolting. Fat-free potato chips—good Lord, makes anyone feel successful. ↗
Once the government can demand of a publisher the names of the purchasers of his publications, the free press as we know it disappears. Then the spectre of a government agent will look over the shoulder of everyone who reads. The purchase of a book or pamphlet today may result in a subpoena tomorrow. Fear of criticism goes with every person into the bookstall. The subtle, imponderable pressures of the orthodox lay hold. Some will fear to read what is unpopular, what the powers-that-be dislike. When the light of publicity may reach any student, any teacher, inquiry will be discouraged. The books and pamphlets that are critical of the administration, that preach an unpopular policy in domestic or foreign affairs, that are in disrepute in the orthodox school of thought will be suspect and subject to investigation. The press and its readers will pay a heavy price in harassment. But that will be minor in comparison with the menace of the shadow which government will cast over literature that does not follow the dominant party line. If the lady from Toledo can be required to disclose what she read yesterday and what she will read tomorrow, fear will take the place of freedom in the libraries, book stores, and homes of the land. Through the harassment of hearings, investigations, reports, and subpoenas government will hold a club over speech and over the press." [United States v. Rumely, 345 U.S. 41 (1953)] ↗
#control #first-amendment #freedom #freedom-of-thought #government
