Technology & the U.S. Constitution
American Civil Liberties Union of Vermont
13 October 2010
www.FrederickLane.com
h The Bill of Rights
h 1st and 4th
Amendments
h Technology Then
and Now
h Phone Calls and
Privacy
h Facebook: DzLikedz
Freedoms?
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Ñ
h Attorney, Educational
Consultant & Lecturer
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Ñ
h Attorney, Educational
Consultant & Lecturer
h Author of 5 Books
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Ñ
h Attorney, Educational
Consultant & Lecturer
h Author of 5 Books
h Chair, Burlington (VT)
School Board
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Ñ
h Attorney, Educational
Consultant & Lecturer
h Author of 5 Books
h Chair, Burlington (VT)
School Board
h 1st Amendment Expert
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Ñ
h Attorney, Educational
Consultant & Lecturer
h Author of 5 Books
h Chair, Burlington (VT)
School Board
h 1st Amendment Expert
h Student Safety &
Privacy Advocate
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h adison proposes 12
amendments in
September, 1789
h NJ is the first to ratify,
on November 20, 1789
h VA is the 11th to ratify,
on December 15, 1791
h The Bill of Rights
takes effect
immediately
h The remaining three
original states Ȃ A,
GA, and CT Ȃ donǯt
ratify until 1939 (!)
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Congress shall make no law respecting
an , or
prohibiting ;
or
,
or ; or the right of the
people , and to
! for a
redress of grievances.
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| "
The right of the people to be in their
# ##
,
against
$, shall not be violated, and no
Warrants shall issue, but upon
, supported by Oath or affirmation,
and
the place to
be searched, and the persons or things to
be seized.
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%
&'
h Two ain Theories of Constitutional
Interpretation:
´
h Original Ñ
h Original
´
h The Concept of a DzLivingdz Document
h Intent of Document O Intent of Words
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(
)
We hold these truths to be self-evident,
that all are created equal, that
they are endowed by their Creator with
certain unalienable Rights, that among
these are Life, Liberty and the pursuit
of Happiness.
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h .
´ |
´ |
´
h | /
´
0
´
´ (
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h 1837 Ȃ Invention of the telegraph
h 1839 Ȃ Invention of the camera
h 1861 Ȃ First commercial postcard
h 1876 Ȃ Invention of the telephone
h 1885 Ȃ Invention of roll film for the
Kodak
h 1890 Ȃ DzRight to Privacydz
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DzYou Press the Button, We Do the Restdz
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h 1927 Ȃ = O
´ Warrantless wiretaps
are lawful
h 1967 Ȃ O
´ Court reverses
=
h 2001 Ȃ The Patriot Act
h 2010 Ȃ 90% of
Americans use
cellphones
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h Freedom of Speech
´ Facebook, Twitter, TwitPic Posts?
h Freedom of Religion
´ Declared Your Religion (or Lack Thereof)?
h Freedom of Association
´ Friend or Not Friend?
h Freedom to Redress Grievances
´ Joined Any Petitions or Groups?
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| 50 )
h The First Amendment Says:
´ Dz0 shall make no law ǥ.dz
h Absent Federal Law, the U.S. Constitution
Cannot Be Enforced Against Corporations
h There Are Some Statutory Protections
h But Not As Extensive as the Bill of Rights
h The Rights You Defend ARE Your Own
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Technology & the U.S. Constitution
American Civil Liberties Union of Vermont
13 October 2010
www.FrederickLane.com