Superman May be an Agent of the State Too

Senior Conspirator Eugene Volokh recently linked to a Law and the Multiverse post suggesting that Batman may be a state actor under current law. Back in 2006, I summarized a lot of evidence suggesting that Superman is a government agent as well. If so, the use of his x-ray vision and other powers to gather evidence against criminals might well run afoul of Fourth Amendment doctrine, such as Kyllo v. United States, which restricted the admissibility of evidence gathered by thermal imaging. Superman’s X-ray vision is surely a much greater intrusion on reasonable expectations of privacy.