:: welcome to


:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

-- Eve Tushnet

"Frankfurter was born too soon for the Web, but I'm sure that, had it been possible, there would have been the equivalent of Ninomania for Frankfurter."
-- Mark Tushnet
(I agree, and commented here.)

"The preeminent Scalia blog"
-- Underneath Their Robes

 Subscribe in a reader

Site Feed

Also please visit my opera blog, Box Five!

    follow me on Twitter


    Above the Law, by David Lat



    Duncan's Con Law Course Blog

    Eve Tushnet

    Eye of Polyphemus, by Jamie Jeffords

    How Appealing

    Hugh Hewitt

    Justice Thomas Appreciation Page

    Legal Theory Blog

    Lex Communis

    Opinio Juris


    Paper Chase (from JURIST)

    Point of Law (Manhattan Inst.)

    Professor Bainbridge

    Public Discourse

    Redeeming Law, by Prof. Mike Schutt

    SCOTUS Blog

    Volokh Conspiracy

    WSJ Law Blog

    Other fine sites:

    Alexander Hamilton Inst. for Study of Western Civilization

    Ave Maria School of Law

    Center for Thomas More Studies

    Family Defense Center

    The Federalist Society

    The Founders' Constitution

    George Mason University School of Law

    Immigration and Refugee Appellate Center

    Judged: Law Firm News & Intelligence


    Law Prose (Bryan Garner)

    Liberty Library of Constitutional Classics

    National Lawyers Association (alternative to ABA)

    Supreme Court decisions

    The Weekly Standard

    Something I wrote about marriage

    lawyer blogs


    :: Wednesday, January 26, 2005 ::
    A Con Crim Pro student asks:
    If it is acceptable for a policeman to see an illegal activity by standing somewhere permissible and looking in, then couldn't the Court [in Katz] have argued that there was no expectation of privacy in the phone booth (assuming it has glass panels) regarding the one sided conversation by the person in the booth because it is common knowledge that people (mainly the deaf) read lips?
    I think there was indeed no r.e.p. as far as anything visible from outside the booth was concerned. But if the gov't had actually used a lip-reading policeman instead of an eavesdropping device, the Katz majority would probably have looked for ways to distinguish the words that were picked up from movements that would have been in plain view. They might (though one can't be sure) have reached for the Ciraolo-Kyllo doctrine that "tech" makes a difference.

    :: David M. Wagner 8:15 PM [+] ::

    Site Meter
    This page is powered by Blogger. Isn't yours?