Computers, Privacy & the Constitution

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AndrewBrickfieldFirstPaper 6 - 14 May 2018 - Main.AndrewBrickfield
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 Historian Eric Foner argues the State Action requirement reflects misunderstandings of Reconstruction. He endorses the view expressed in Justice Harlan’s dissent in the Civil Rights Cases: “The men who wrote the Fourteenth Amendment intended to empower Congress to ‘do for human liberty and the fundamental rights of American citizenship, what it did, with the sanction of this court, for the protection of slavery.’” This view of the Fourteenth Amendment, along with understanding the First, Fifth, and Ninth Amendments as protecting Liberty from surveilled reading and undue interference in truthmaking, enables Congress and Courts to regulate behavior collection and preserve freedom of thought.
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Facing unprecedented power over news distribution and truth creation, this constitutional interpretation is consistent with history and necessary to preserve the fundamental right to Liberty. Moreover, eliminating the State Action requirement lets Congress and Courts address lingering racial discrimination that has proved immune to constitutional remedy. Privacy and antidiscrimination advocates must deconstruct the State Action requirement.
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Facing unprecedented power over news distribution and truth creation, this constitutional interpretation is consistent with history and necessary to preserve the fundamental right to Liberty. Moreover, eliminating the State Action requirement lets Congress and Courts address lingering racial discrimination that has proven immune to constitutional remedy. Privacy and antidiscrimination advocates must deconstruct the State Action requirement.
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Revision 6r6 - 14 May 2018 - 19:25:50 - AndrewBrickfield
Revision 5r5 - 04 May 2018 - 00:26:05 - ArgiriosNickas
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