2010-09-10 tweets from the founders

8/8/2019 2010-09-10 Tweets From the Founders

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Tweets from theFounders

Frederick S. LaneAmerican Civil Liberties Union of Vermont

13 October 2010

Technology & the U.S. Constitution

www.FrederickLane.com


2/22

Seminar Overview The Bill of Rights

1st and 4th

Amendments

Technology Thenand Now

Phone Calls and

Privacy Facebook: Like

Freedoms?



3/22

Introduction Attorney, Educational

Consultant & Lecturer



4/22



Author of 5 Books



5/22



Author of 5 Books

Chair, Burlington (VT)School Board



6/22



Author of 5 Books


1stAmendment Expert



7/22



Author of 5 Books


1stAmendment Expert

Student Safety &Privacy Advocate



8/22

The Bill of Rights Madison proposes 12

amendments inSeptember, 1789

NJ is the first to ratify,

on November 20, 1789 VA is the 11th to ratify,

on December 15, 1791 The Bill of Rights

takes effect

immediately The remaining threeoriginal states MA,GA, and CT dontratify until 1939 (!)



9/22

The 1stAmendment

Congress shall make no law respectingan establishment of religion, or

prohibiting the free exercise thereof;or abridging the freedom of speech,or of the press; or the right of the

people peaceably to assemble, and topetition the Government for aredress of grievances.



10/22

The 4thAmendmentThe right of the people to be secure in their

persons, houses, papers, and effects,

against unreasonable searches and

seizures, shall not be violated, and no

Warrants shall issue, but upon probable

cause, supported by Oath or affirmation,

and particularly describing the place tobe searched, and the persons or things to

be seized.



11/22

What Do the Words Mean?

TwoMain Theories of ConstitutionalInterpretation: Originalism

Original Intent

Original Meaning

Organic The Concept of a Living Document

Intent of Document vs. Intent of Words



12/22

One Small Problem with

Originalism .

We hold these truths to be self-evident,

that all men are created equal, thatthey are endowed by their Creator withcertain unalienable Rights, that among

these are Life, Liberty and the pursuitof Happiness.



13/22

Technology in 1790



14/22

Technology in 2010



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Inventive Founders

Benjamin Franklin The Lightning Rod

The Franklin Stove BiFocals

Thomas Jefferson

W

heeled Cipher Spherical Sundial

Plow of Least Resistance



16/22

Things Start to Get Tricky.



17/22

New Technologies, Old Laws

1837 Invention of the telegraph

1839 Invention of the camera

1861 First commercial postcard 1876 Invention of the telephone

1885 Invention of roll film for the

Kodak 1890 Right to Privacy



18/22

You Press the Button, We Do the Rest



19/22

Phones & the 4thAmendment

1927 Olmsteadv. U.S. Warrantless wiretaps

are lawful

1967 Katz v. U.S. Court reversesOlmstead

2001 The Patriot Act

2010 90% ofAmericans usecellphones



20/22

Facebook: Like Freedoms?

Freedom of Speech Facebook, Twitter, TwitPic Posts?

Freedom of Religion Declared Your Religion (or Lack Thereof)?

Freedom of Association Friend or Not Friend?

Freedom to Redress GrievancesJoined Any Petitions or Groups?



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But Theres A Catch .

The First Amendment Says: Congress shall make no law .

Absent Federal Law, the U.S. ConstitutionCannot Be Enforced Against Corporations

There Are Some Statutory Protections

But Not As Extensive as the Bill of Rights

The Rights You Defend ARE Your Own



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Tweets from theFounders

Frederick S. LaneAmerican Civil Liberties Union of Vermont

13 October 2010

Technology & the U.S. Constitution


2010-09-10 tweets from the founders

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