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This view of the text comports with the all but unanimous understanding of the Founding Fathers.
Sep 30, 2025
The makers of our Constitution . . . conferred, as against the government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized men.
The Fourth Amendment doesn't apply to corporations.
When they took the Fourth Amendment, I was silent because I don't deal drugs. When they took the Sixth Amendment, I kept quiet because I know I'm innocent. When they took the Second Amendment, I said nothing because I don't own a gun. Now they've come for the First Amendment, and I can't say anything at all.
The Fourth Amendment is clear; we should be secure in our persons, houses, papers, and effects, and all warrants must have probable cause. Today the government operates largely in secret, while seeking to know everything about our private lives - without probable cause and without a warrant.
The institutions that we've built up over the years to protect our individual privacy rights from the government don't apply to the private sector. The Fourth Amendment doesn't apply to corporations. The Freedom of Information Act doesn't apply to Silicon Valley. And you can't impeach Google if it breaks its 'Don't be evil' campaign pledge.
Just as the First and Fourth Amendment secure individual rights of speech and security respectively, the Second Amendment protects an individual right to keep and bear arms. This view of the text comports with the all but unanimous understanding of the Founding Fathers.
The framers of our Constitution understood the dangers of unbridled government surveillance. They knew that democracy could flourish only in spaces free from government snooping and interference, and they put restraints on government overreaching in the Fourth Amendment of the Bill of Rights. . . . These protections require, at a minimum, a neutral arbiter - a magistrate - standing between the government's endless desire for information and the citizens' desires for privacy.
He [Louis Brandeis] would have not had any patience with that great debate which you're right to kind of signal between Justice Scalia and Justice Alito about do you need a physical trespass into the home or onto the carriage in order to trigger the values of the Fourth Amendment.
I don't think it's a lack of will. I think it's an issue of what people view as constitutional rights under the Fourth Amendment, number one, and what customers and business partners expect around the world from secure computing systems. And it's a difference of view.
For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.
Our bill of rights has been shredded. The fourth amendment specifically prohibits the kind of activities the NSA is involved in domestically. The fifth amendment prohibits any president or anyone else from killing anyone without due process.
I was lecturing at the Columbia Journalism School of Education. I asked them about what was happening to the Fourth Amendment. I said, "By the way, do you know what is in the Fourth Amendment?" One student responded, "Is that the right to bear arms?" It's hard to believe these are bright students.
The media has been very bad about informing us about what is going on. They focus on surface things. They do not focus enough on the fact that the Fourth Amendment is on life support and that we need a return to transparency in government.
Disturbingly, the First Amendment, along with the Fourth Amendment - protecting against unreasonable searches and seizures, and requiring warrants - have been the major casualties of the shift in government policy in the last two decades. Unfortunately, I think that the biggest consequences of this tragedy won't be clear until it is far, far too late.
The nice men in periwigs who came up with the Fourth Amendment were recklessly naive to imagine that branches of a government, each of whose power is enhanced when the power of the other branches grows, would serve to check one another.
The DOJ has employed these investigations in communities across our nation to reform serious patterns and practices of force, biased policing and other unconstitutional practices by law enforcement. I'm asking the Department of Justice to investigate if our police department has engaged in a pattern or practice of stops, searches or arrests that violate the Fourth Amendment.
I want to collect more records from terrorists, but less records from innocent Americans. The Fourth Amendment was what we fought the Revolution over! John Adams said it was the spark that led to our war for independence, and I'm proud of standing for the Bill of Rights, and I will continue to stand for the Bill of Rights.
The Fourth Amendment was what we fought the Revolution over!
While the machinery of law enforcement and indeed the nature of crime itself have changed dramatically since the Fourth Amendment became part of the Nation's fundamental law in 1791, what the Framers understood then remains true today - that the task of combating crime and convicting the guilty will in every era seem of such critical and pressing concern that we may be lured by the temptations of expediency into forsaking our commitment to protecting individual liberty and privacy.
Asking questions is an essential part of police investigation. In the ordinary sense a police officer is free to ask a person for identification without implicating the Fourth Amendment.
Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.
It is better, so the Fourth Amendment teaches us, that the guilty sometimes go free than the citizens be subject to easy arrest.
No one in their right mind can say to me with a straight face that the Patriot Act has not aggregated the Fourth Amendment.
The First Amendment is not without limits.
The 4th Amendment and the personal rights it secures have a long history. At the very core stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.
Experience teaches us to be most on our guard to protect liberty when the government's purposes are beneficent.
The Fourth Amendment is on life support and the chief agent of that is the National Security Agency.
No-knock police raids destroy Americans' right to privacy and safety. People's lives are being ruined or ended as a result of unsubstantiated assertions by anonymous government informants. ... Unfortunately, no-knock raids are becoming more common as federal, state, and local politicians and law enforcement agencies decide that the war on drugs justified nullifying the Fourth Amendment. ... No-knock raids in response to alleged narcotics violations presume that the government should have practically unlimited power to endanger some people's lives in order to control what others ingest.
We are going to have a long period where people are accustomed or conditioned to what's going on now with the raping of the Fourth Amendment.
I'd say that [Louis] Brandeis practiced a kind of a "living originalism," to use the title of Jack Balkin's great book. He said you start with the paradigm case, which in the case of the Fourth Amendment was these general warrants or writs of assistance, but you define it at a level of abstraction that you can take it into our age and make it our own.
...The Bill of Rights is a literal and absolute document. The First Amendment doesn't say you have a right to speak out unless the government has a 'compelling interest' in censoring the Internet. The Second Amendment doesn't say you have the right to keep and bear arms until some madman plants a bomb. The Fourth Amendment doesn't say you have the right to be secure from search and seizure unless some FBI agent thinks you fit the profile of a terrorist. The government has no right to interfere with any of these freedoms under any circumstances.
It's hard for me to believe that just my words on the page are enough. I ought to be out physically keeping abortion safe and legal, restoring the Fourth Amendment, getting clean water back into Kentucky since the Bush Administration has allowed strip miners to fill it all up with slag. The list is endless. Bring it down. Make it small. Make it one thing that you can do. It's very hard for me to remember that.
This [anti-terrorism bill] is a violation of the First Amendment right to free speech and the Fourth Amendment protection of private property... Some of these provisions place more power in the hands of law enforcement than our Founding Fathers could have dreamt and severely compromises the civil liberties of law-abiding Americans. This bill, while crafted with good intentions, is rife with constitutional infringements I could not support.
The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.
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