Privacy, Property, and Free Speech: Law and the Constitution
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01: Freedom and Technological Change
Consider three hypothetical cases that could confront the U. S. Supreme Court in the decades ahead: ubiquitous surveillance, designer embryos, and evidence from brain scans. Each has profound implications for privacy. Then survey the history of legal protections for privacy....
02: Privacy and Virtual Surveillance
Examine areas where new technologies are challenging our existing ideas about constitutional protections for privacy in public places. Review reasons why the Constitution provides less protection against surveillance today than it did against the search of private diaries in the 18th century....
03: Privacy at Home
Study the evolution of privacy in the home, which remains the place with more legal protection than anywhere else. But what does that mean in an age when our most private papers are stored not in locked desk drawers in the home but with third parties such as computer networks?...
04: Privacy on the Street
Today, police in the United States have the power to arrest and detain individuals for any crime, regardless of how minor. In this lecture, survey your rights on the street, where the degree of monitoring has spread to new technologies such as speed cameras and smart parking meters....
05: The Privacy of Travelers
In 2009, the Transportation Security Administration began using body scans as a primary screening tool at airports. What are your rights when faced with this and other security measures? Learn how to assert those rights while traveling in the United States and abroad....
06: Privacy and National Security
Analyze the domestic war on terror in light of the Fourth Amendment's protection against unreasonable search and seizure. Begin with Perfect Citizen, a government program designed to monitor private computer networks to forestall cyber assaults. How should the courts weigh privacy rights in such cases?...
07: Privacy in the Courtroom
The Fifth Amendment guarantee against forced self-incrimination has dwindled to a vestigial protection for suspected white-collar criminals. Suspects are now subject to procedures, such as blood tests, that can compel self-incrimination. The future holds even more intrusive technologies that rely on neuroimaging....
08: Privacy in the Police Station
The main protection for mental privacy today is provided not by the Fifth Amendment but by the Miranda warning, given by police to suspects in custody. Investigate the origin of this safeguard and the continued problem with false confessions and faulty eyewitness testimony....
09: Privacy in Electronic Communications
Have you ever had an email or text message go astray? Was it only embarrassing or were there more serious consequences? See how incentives in the law have led many employers to search the most private areas of the workplace, including email, as often as possible....
10: Privacy in Cell Phones and Computers
Examine privacy protections for data stored on cell phones and computers, Also look at how the Internet is blurring boundaries between home, work, and school. For example, should school administrators be able to punish students for their social media posts that are uploaded from home?...
11: The Internet and the End of Forgetting
With job recruiters routinely vetting candidates through Internet searches, youthful indiscretions posted online can doom a career. Probe the alarming prospect that we may never be able to escape our past or reinvent ourselves in the classic American way....
12: Follow-Me Advertising Online
Thanks to online data mining, companies can guess facts about you that you may have told no one-such as that you're planning to get engaged or that you have a child on the way. Discover how information about you is collected, analyzed, and used, and what you can do about it....
13: Privacy and the Body
Trace the constitutional right to privacy, invoked in two landmark Supreme Court cases: Griswold v. Connecticut in 1965 and Roe v. Wade in 1973. They dealt with contraception and abortion, respectively, but the reasoning and politics are vastly different in each. Explore the issues in depth and decide what you think....
14: The Right to Die
The increasing sophistication of medical care raises a host of legal issues about when treatment should cease and under whose authority. Investigate the response of the courts to right-to-die cases and practical steps you can take to avoid a legal struggle when the end nears....
15: Privacy and Sexual Intimacy in Marriage
Explore cases where the Supreme Court has been careful to not render a sweeping constitutional judgment on matters under intense public debate. Examples include eugenics and interracial marriage, which reached a national consensus several decades ago. Also look at today's issue of gay marriage....
16: The Constitution and Private Property
Private property has a special status in the Constitution. Study how individual property rights apply to the Second Amendment's protection of the right to bear arms, as well as to the Privileges and Immunities Clause, the Full Faith and Credit Clause, the Copyright Clause, and the Third and Fourth Amendments....
17: The Supreme Court and Private Property
In the first of two lectures on the Supreme Court and economic liberty, follow the court's record in economic rights cases from the Gilded Age to the New Deal, focusing on Lochner v. New York, a 1905 case that limited the ability of government to regulate business....
18: The Roberts Court and Economic Rights
Beginning with insights from Professor Rosen's interview with Chief Justice John Roberts, evaluate the current Court's approach to economic rights cases, including the Citizens United case that struck down federal campaign finance laws and the Court's decision to uphold the Affordable Care Act....
19: Takings and Eminent Domain
What constitutes a "taking" of private property? And what constitutes a "public use"? See how the Supreme Court has struggled with interpreting the Takings Clause, culminating in one of the most controversial decisions of the modern era, Kelo v. New London, in 2005....
20: The American Free Speech Tradition
The crowning achievement of the American free speech tradition is the principle that speech can only be suppressed when it poses an imminent threat of provoking serious lawless action. Learn how this key principle wasn't embraced by the Supreme Court until the 20th century....
21: From WikiLeaks to the Arab Spring
Free speech is being tested by 21st-century controversies such as WikiLeaks, a website that publishes classified information and news leaks. Study the issues raised by this phenomenon. Also investigate the role of free speech in the Arab uprisings in 2010, and examine the effort to suppress offensive speech....
22: Google, Facebook, and the First Amendment
The gatekeepers for free speech online are not judges or legislators, but companies such as Google and Facebook, which decide what can be communicated case by case. Explore the power of these corporations, and look at the movement known as Network Neutrality....
23: The Right to Be Forgotten
Now that online posts live forever, it is hard to escape one's past. Learn how a proposed data-protection law in Europe seeks to guarantee "the right to be forgotten." But what are the implications for free speech if individuals and companies have a broad right to delete information that they don't like?...
24: The Constitution in 2040
Look ahead at technological challenges to constitutional values that may arise in the coming decades. One important conclusion is that you as a citizen have an obligation to protect your own rights. Close the course with five practical tips that you can use to protect your privacy today....