COMMENTARY_ Killing the Constitution: Revised FISA is worse for freedom than its predecessor

THE WASHINGTON TIMES

Killing the Constitution: Revised FISA is worse for freedom than its predecessor

Lawful but Unconstitutional in Foreign Intelligence Surveillance Act (FISA) Illustration by Greg Groesch/The Washington Times more >

COMMENTARY

By Andrew P. Napolitano - - Wednesday, April 24, 2024

OPINION:


In the last days of East Germany, when government officials detected that their power was unraveling, they ratcheted up enforcement of the nation’s reporting laws. These laws made it a felony to know of a crime and fail to report it. It was also a crime to tell the person of whose crime you learned that you had done so. There was no right to privacy and no freedom of speech.

This Orwellian tangle resulted, of course, in many false reports of crimes. It also resulted in many prosecutions for failing to report crimes or warning others that they were being spied upon. As of this past weekend, we are headed to the same authoritarian place. Thanks to legislation that fell one vote short of demise in each house of Congress last weekend, the United States in 2024 will soon resemble East Germany in the late 1980s, where nearly everyone was a spy and no one could talk about it.

Here is the backstory.

The quintessential American right is the right to be left alone. Justice Louis Brandeis called it the most comprehensive of rights and the right most valued by civilized people. It presumes that you can think as you wish, say what you think, read what you want, and publish what you say, that you can exclude whomever you wish — including the government — from your property and from your thoughts, and that you can do all this without a government permission slip or fear of government reprisal.

This natural right is also protected in the Fourth Amendment to the Constitution, which requires a warrant issued by a judge based upon probable cause of crime before the government can invade your property or spy on you.

The warrant requirement serves three purposes.

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READ MORE: https://www.washingtontimes.com/news/2024/apr/24/killing-constitution-revised-fisa-is-worse-for-fre/

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