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More Essential Than Ever: The Fourth Amendment in the Twenty First Century (Inalienable Rights)

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More Essential Than Ever: The Fourth Amendment in the Twenty First Century (Inalienable Rights) Cover

 

Synopses & Reviews

Publisher Comments:

When the states ratified the Bill of Rights in the eighteenth century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Of course, "papers and effects" are now digital and thus more vulnerable to government spying. But the biggest threat may be our own weakening resolve to preserve our privacy.

In this potent new volume in Oxford's Inalienable Rights series, legal expert Stephen J. Schulhofer argues that the Fourth Amendment remains, as the title says, more essential than ever. From data-mining to airport body scans, drug testing and aggressive police patrolling on the streets, privacy is under assault as never before--and we're simply getting used to it. But the trend is threatening the pillars of democracy itself, Schulhofer maintains. "Government surveillance may not worry the average citizen who reads best-selling books, practices a widely accepted religion, and adheres to middle-of-the-road political views," he writes. But surveillance weighs on minorities, dissenters, and unorthodox thinkers, "chilling their freedom to read what they choose, to say what they think, and to associate with others who are like-minded." All of us are affected, he adds. "When unrestricted search and surveillance powers chill speech and religion, inhibit gossip and dampen creativity, they undermine politics and impoverish social life for everyone." Schulhofer offers a rich account of the history and nuances of Fourth Amendment protections, as he examines such issues as street stops, racial profiling, electronic surveillance, data aggregation, and the demands of national security. The Fourth Amendment, he reminds us, explicitly authorizes invasions of privacy--but it requires justification and accountability, requirements that reconcile public safety with liberty.

Combining a detailed knowledge of specific cases with a deep grasp of Constitutional law, More Essential than Ever offers a sophisticated and thoughtful perspective on this important debate.

About the Author

Stephen J. Schulhofer is Robert B. McKay Professor of Law at the New York University School of Law. His books include Rethinking the Patriot Act, The Enemy Within, and Unwanted Sex.

Table of Contents

Foreword by Geoffrey R. Stone

1. Introduction

2. Our Fourth Amendment Tradition

3. Searches and Arrests

4. Policing the Streets

5. "New" Technologies: Wiretapping and Eavesdropping

6. The Information

Product Details

ISBN:
9780195392128
Author:
Schulhofer, Stephen J.
Publisher:
Oxford University Press
Subject:
Constitutional
Subject:
Law | Constitutional Law
Subject:
Law-Civil Liberties and Human Rights
Publication Date:
20120831
Binding:
HARDCOVER
Language:
English
Pages:
216
Dimensions:
5.8 x 8.4 x 0.9 in 0.9 lb
Age Level:
Computers, Data Mining and Beyond<br>7. The Nation

Related Subjects

Business » Communication
Business » General
History and Social Science » Law » Civil Liberties and Human Rights
History and Social Science » Law » Constitutional Law
History and Social Science » Politics » General
History and Social Science » Politics » United States » Politics
Science and Mathematics » Chemistry » Organic

More Essential Than Ever: The Fourth Amendment in the Twenty First Century (Inalienable Rights) New Hardcover
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Product details 216 pages Oxford University Press, USA - English 9780195392128 Reviews:
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