Scalia Refuses To Comment On Constitutional Interpretation That Could Make NSA Spying Illegal

Monday, March 24, 2014
By Paul Martin

Erin Fuchs
BusinessInsider.com
Mar. 24, 2014

Supreme Court Justice Antonin Scalia got an incredibly astute question from a law student Friday night that could have huge implications for the NSA’s domestic surveillance programs.

The question came during a spirited Q&A curated by Brooklyn Law School’s Judge Andrew Napolitano, who asked Scalia about the controversial subject of the NSA’s surveillance of Americans.

Scalia made it clear the issue would likely come before the high court, and he hinted he would rule that “conversations” (i.e., the conversations the government might listen to) aren’t protected by the Fourth Amendment. The Fourth Amendment, Scalia pointed out, prohibits the government from searching your “persons, houses, papers, and effects” without a warrant — not “conversations.”

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