Category: Constitutional Law
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Electronic Surveillance, the Fourth Amendment, and the NYPD’s “Muslim Surveillance Program”
By Annie Akbar — In a letter to James Madison after the French Revolution had begun, Thomas Jefferson wrote, “The earth belongs always to the living generation… Every constitution, then, and every law, naturally expires at the end of 19…
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The Content-Specific Doctrine: The Right to be Secure in Digital Effects
By Xander de los Reyes — The Fourth Amendment’s original intent was to protect Americans from unreasonable searches and seizures. At the time they were drafting the Constitution, the Founding Fathers remembered these violations of privacy as physical trespasses committed…
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A Plea to Act in Good Faith: How Two State Laws Challenge Social Media Platforms’ Editorial Practices
By Tori Tinsley — Recent controversy surrounding the constitutionality of two state laws regulating social media platforms reveals that modern technology is presenting unprecedented challenges for the legal system. Two laws passed in Texas and Florida in 2021, HB 20…
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The Legality of Tattoo Discrimination in Employment
By Leyuan Ma — In recent years, tattoos have become increasingly popular as a form of body art in the United States. According to a 2019 survey, 30% of Americans have at least one tattoo, an increase from 21% in…
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The Unconstitutionality of California’s State of Emergency
By Alexandra Orbuch — On March 4, 2020, California Governor Gavin Newsom relied on the California Emergency Services Act to declare a state of emergency as a result of the outbreak of COVID-19. On October 17, 2022, Newsom announced that…
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A Look Back at Washington State’s Senate Bill (SB) 5843: Constitutional or Not?
By Alexandra Orbuch — Introduced by the Washington State legislature in January 2022, Senate Bill (SB) 5843 attempted to criminalize statements made by elected officials or candidates that: (a) Are intended to incite or produce imminent lawless action and do…
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The Supreme Court’s Perversion of Property Rights
By Beck Reiferson — Political philosophers have long regarded the right to property as one of man’s most essential rights. John Locke, whose writings were among the most influential on the political thought of America’s Framers, believed the primary purpose…
