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Re: Most elegant wording against privacy/law-enforcement "balance" (fwd)




Forwarded message:

> Date: Fri, 6 Feb 1998 18:31:49 -0800
> From: Tim May <[email protected]>
> Subject: Re: Most elegant wording against privacy/law-enforcement "balance"

> >Compromising the public's right to privacy gives away not only our own
> >rights, but those of our descendants.  The government must make an
> >extraordinary case to justify undermining those rights, and so far it
> >has not done so.
> 
> "So far it has not done so."
> 
> This "argument based on utilitarian need" is at odds with the First
> Amendment.

It's at odds with the entire concept of 'inalienable rights' and 'government
instituted by the governed'.

> I am drawing the parallel with the Fourth deliberately: no amount of
> "study," even a study by such august persons as Denning and Baugh, could
> ever conclude that wholesale, unwarranted searches are permissable. The
> Fourth was put in just to stop such broad conclusions.

I would say more broadly the Constitution and in particular the Bill of
Rights was implimented to eliminate these issue from the federal level.



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