Fourth Amendment

First They Will Take Your Dogs, Then They Will Take Your Guns

Messing with an American's dogs and guns is a fast way to start a revolution, but that's just what may be in the offing if a ruling by a U.S. District Judge in Michigan becomes precedent.

Is Your Dog 'Contraband'?

Mark J. Fitzgibbons, American Thinker

American police are under dangerous and disgraceful assault by radical leftwing anarchy forces. Police assassins and lawsuits have created an atmosphere of fear and intimidation about doing police work in communities. This is not only dangerous for the police who risks their lives on a daily basis to protect us, it weakens our safety; it is contemptuous of their families. America may have the worst ruling class in its history, and Donald Trump knows that. Our police need support, and not judicial decisions or political policies that raise the temperature among ordinary citizens.

Digital privacy bill still abandons probable cause for our papers

Mark J. Fitzgibbons, The Hill

Administrative subpoenas are in fact impossible to reconcile with the Fourth Amendment. The very premise of the ECPA Modernization Act is that government may not violate the security of private records unless a judge has issued a warrant after hearing probable cause under oath that facts indicate a law is being broken. Government officials will exploit this expressly sanctioned loophole in the bill and subpoena emails directly from their targets in this probable cause-free administrative subpoena regime. Neither digital nor hard records will be safe from unreasonable government searches and compelled disgorgement.

Dear Russian Agents, Send Help

Please, send us what you have so we can better expose the deceit and hypocrisy of those who would fundamentally change America by undermining the rule of law and liberty. And maybe – just maybe – the GOP in Washington will see that what’s happening from within to undermine our constitutional republic and way of life is nearly as horrible as what you Russians are trying.

Indiana Supreme Court: 2nd Amendment Rights Protected by 4th Amendment

AWR Hawkins, Breitbart

In a May 9 ruling regarding a case where an individual was “detained and questioned,” then arrested for possessing a gun, the Indiana Supreme Court ruled that Fourth Amendment protections cover individuals who are exercising Second Amendment rights as well.

Neil Gorsuch should be hailed by privacy advocates

Mark J. Fitzgibbons, American Thinker

Digital-age privacy advocates should be thrilled with President Trump's nomination of Judge Neil Gorsuch to the Supreme Court precisely because he is a superb originalist.  Gorsuch won't disappoint law-and-order types, either.  Unlike ideologues who focus on judicial outcomes, Gorsuch's application of originalism will satisfy the needs of law, order, and liberty.

Would You Like A Government GPS Microchip Implanted?

Once the power to track someone is granted to the Department of Justice the criteria for tracking will surely expand. We urge CHQ readers to call Congress (the Capitol Switchboard is 1-866-220-0044) to tell your Representative to oppose H.R. 4919 when it comes up under suspension later today.

Liberal State AG’s Climate Speech Warrants Violate the Separation of Powers

Mark J. Fitzgibbons, CNS News

Unilaterally issued administrative warrants like the ones used in the state climate speech probes are institutional violations of, and impossible to reconcile with, the Fourth Amendment. Until Congress and state legislatures act to eliminate their use, executive branch officials will continue to employ them to infringe on the right of political, scientific, and other dissent.

America's Actual Biggest Lawbreaker

Mark J. Fitzgibbons, American Thinker

Government violations of the Constitution happen every day across the country. Such conduct is properly called “illegal.” Through court opinions and legislative acts, these illegal government acts have supplanted the supreme law over government, and have helped make government America’s biggest lawbreaker.

Liberal AG’s Climate Change Probes Abuse Fourth Amendment to Upend First Amendment

Mark Fitzgibbons, CNS News

It seems that some liberal politicians believe it is acceptable to infringe on Second Amendment rights without due process guaranteed by the Fifth Amendment, while other liberal politicians love to infringe on First Amendment rights by evading the Fourth Amendment, which was supposed to protect papers and effects from unreasonable searches.

Donor privacy is dark money? Nonsense!

Roger Craver and Mark Fitzgibbons, The Hill

Attacking donor privacy by insinuating it has a negative influence on politics completely ignores its positive influence. It’s not just the right of liberals to band together through associations to criticize Republicans, or conservatives associating to criticize Democrats; donor privacy also protects liberals criticizing Democrats, and conservatives criticizing Republicans. Donor privacy also helps protect criticism of the IRS, the National Security Agency, Wall Street and other powerful institutions.

Conservative Leaders Demand Hearing On IRS Privacy Violations

Conservative leaders are fighting serious violations and evasions of the Internal Revenue Code by California Attorney General Kamala Harris and New York Attorney General Eric Schneiderman. Harris and Schneiderman have engaged in illegal disclosures of confidential donor names and addresses that a federal judge called a "pervasive, recurring pattern of uncontained Schedule B disclosures...".

Police-State Attorneys General Cheered By Left, May Be Sued By Right

Mark Fitzgibbons, CNS News

Just as the Federalist Society and various conservative public interest law firms sprang up during the past 30 years in response to abuses of constitutional rights by the left, conservative litigators will find a niche suing and exposing state attorneys general for their police-state tactics. The market demands it, and justice requires it.

The Unconstitutionality of the Exxon Subpoena

Philip Hamburger, LibertyLawSite.org

The difficulty is that conclusions about climate change, on either side of the question, are often difficult to distinguish from political opinion. Although the truth about the climate may lie in complex empirical data, such data is always open to dispute, and the climate has become a highly contested political controversy. The attorney general’s subpoena therefore looks disturbingly like harassment for dissenting scientific and political opinion.

Congressmen Move To Protect Silicon Valley, But Ignore Individual Privacy

Kathryn Watson, The Daily Caller

Congress’ proposed “Email Privacy Act” lets federal agencies continue subpoenaing citizens’ emails, bank account numbers and phone call records without first demonstrating probable cause to a judge and getting court approval for a warrant.

FTC goes 'Star Chamber' on warrant transparency

Mark J. Fitzgibbons, Esq., The American Thinker

Nobody knows how many administrative subpoenas are issued by government agencies. Administrative subpoenas are warrants for records such as private “papers” and emails. They are issued unilaterally by government bureaucrats, and are impossible to reconcile with the Fourth Amendment’s requirements of “oath and affirmation” of “probable cause” before neutral judges.

Federal Bureaucrats Find ‘Superhighway’ Around 4th, 5th Amendments

The Daily Surge

Equal Employment Opportunity Commission officials recently used a warrant-less subpoena on a Texas-based grocery chain that fired an employee who failed a post-maternity leave physical fitness test, demanding the home addresses and Social Security numbers of every company employee.

4th Amendment for me, but not for thee

Mark J. Fitzgibbons, Esq., The American Thinker

When government wants emails from those on the left without a warrant from a judge, that’s a violation of privacy protected by the 4th Amendment. When government wants emails from someone who disagrees with positions of the left, well, it’s irresponsible to protect privacy. Get it?

A Citizen Cross Examines Rep. Ted Poe On The Fourth Amendment

Our collegue Mark J. Fitzgibbons offers Rep. Ted Poe of Texas some friendly conservative cross-examination about Poe's October 6 op/ed at Fox News (“Your emails, photos and more deserve Fourth Amendment protections, too”) about H.R. 699, the so-called Email Privacy Act, and reforms to the Electronic Communications Privacy Act. 

Donor Info Under Assault

Mark Fitzgibbons, The NonProfit Times

Charity solicitation regulators have been defeated four times since 1980 in the Supreme Court of the United States but — a bit like Freddie Krueger — they keep coming back.