Thursday, June 06, 2013
And Also: Civil Liberty Protections Involving "Private" Action
The "order" here suggests even if you accept Smith v. Maryland (I don't), it is not really a "voluntary" matter. Still, this shows the overall importance of positive law/practice to protect privacy, like it is necessary to truly not "deny" 14A protections. Lacking such "affirmative action" might not be court secured, but constitutional rights go beyond that.