Katz as Originalism: The Fourth Amendment & Privacy | (11.15.2022)

The “Expectation of Privacy” test of Katz v. United States is a common target of attack by originalist Justices and originalist scholars. They argue that the Katz test for identifying a Fourth Amendment search should be rejected because it lacks a foundation in the Constitution’s text or original public meaning. This is not just an academic debate. The recent ascendancy of originalists to the Supreme Court creates a serious risk that the reasonable expectation of privacy test will be overturned and replaced by whatever an originalist approach might produce.
Speakers:
Orin Kerr - www.law.berkel...
Andrea Roth - www.law.berkel...
William Cuddihy - Author of The Fourth Amendment: Origins and Original Meaning

[@rafaeldelaflor]

That phone booth thing is definitely in Dr Who

[@hoagied3783]

I agree with outcome of applying privacy protections against new tech but in defense of the originalists, why can’t these changes be done through legislation and democracy, rather than the opinions of 9 unelected lawyers with lifetime appointments?

[@MiaCruz]

My favorite part was “Can we leave Donald Trump there?”

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[@silone20101]

Very deep in the laws school.

[@iceorbz]

Man second professor made this really hard to listen lol. The pitch tone and turning away from the mic was crushing my stereo.

[@MiaCruz]

Are you kidding? He was the best!

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[@JoeMoore-h7o]

Help please stop these tyrants

[@ZeteticPlato]

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