No, the Fourth Amendment Isn’t Dead

Judge Kozinski and Stephanie Grace have a short essay posted online arguing that the Fourth Amendment is “dead” thanks to the third-party doctrine — the rule that a person loses Fourth Amendment protection in information knowingly disclosed to third parties. Their basic argument has been made many times before in the law reviews, but I don’t think it’s right. I wrote an article in 2009 explaining why don’t find it persuasive: The Case for the Third-Party Doctrine, 107 Mich. L. Rev. 561 (2009). I’m worried about a lot of aspects of current Fourth Amendment law, but this strikes me as one area in which the Supreme Court basically has it right.

Powered by WordPress. Designed by Woo Themes