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Because the first and fourth amendments guarantee different rights. The first guarantees that you essentially can't be arrested for speech. It says nothing abou
by Rooster61 7y ago
Because the first and fourth amendments guarantee different rights. The first guarantees that you essentially can't be arrested for speech. It says nothing about whether or not your speech can be collected and recorded. The fourth forbids the government with searching the enumerated items without cause or a warrant. Very different things.
- colejohnson66 7y agoMy point was that the “originalist” view of the constitution falls apart when you see that the Supreme Court has ruled that speech that the framers couldn’t even imagine is protected. They've done the same with the fourth (you can’t search a car without a warrant or probable cause even if it’s in public... to an extent). I was arguing that if you want to take an originalist view to the constitution, you’d need to give up your protection of speech online and in many other areas.