I don't think Terry is applicable. Terry has to do with stopping a person based on some suspicion that that person might be committing a crime. You're quite right to point out that the suspicion required is minimal, and…
You're absolutely right that there are reasons to believe this might not stand up on appeal. However, the reasoning from Smith is hugely problematic with the advent of the cloud. Smith is based on what's called…
EDIT: I looked at the opinion a little more closely, though I still haven't read it in its entirety. The judge's order only "(1) bars the Government from collecting, as part of the NSA’s Bulk Telephony Metadata Program,…
Actually, I think this is a really great example, and how you view it says a lot about your philosophy. Let's call the libertarian astronaut Ayn. Ayn is rational, and she happens to really like breathing normally.…
I think the antibiotic example is quite telling. Let's press it a little further. As you correctly point out, killing in self-defense is considered legitimate by most (but certainly not all) people. If someone pulls out…
I don't think Terry is applicable. Terry has to do with stopping a person based on some suspicion that that person might be committing a crime. You're quite right to point out that the suspicion required is minimal, and…
You're absolutely right that there are reasons to believe this might not stand up on appeal. However, the reasoning from Smith is hugely problematic with the advent of the cloud. Smith is based on what's called…
EDIT: I looked at the opinion a little more closely, though I still haven't read it in its entirety. The judge's order only "(1) bars the Government from collecting, as part of the NSA’s Bulk Telephony Metadata Program,…
Actually, I think this is a really great example, and how you view it says a lot about your philosophy. Let's call the libertarian astronaut Ayn. Ayn is rational, and she happens to really like breathing normally.…
I think the antibiotic example is quite telling. Let's press it a little further. As you correctly point out, killing in self-defense is considered legitimate by most (but certainly not all) people. If someone pulls out…