Intellectual freedom is the only guarantee of a
scientific - democratic approach to politics, economic development, and
culture.
-Andrei Dmitrievich Sakharov-
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
-Benjamin Franklin-
Mark Adams is [in no particular order] a Lawyer, Restauranteur, Husband, Father, Grandfather, Landlord, Singer, Guitarist, Political Scientist, Amateur Historian and Rhetorician with no sense of reverence for anything except the freedom to speak one's mind. To visit Mark's Family Law Website
"You may wonder what makes our Constitution so special. I am here to persuade you that our Constitution is something extraordinary, something to revere," Scalia said in his speech
* * *
But Scalia's understanding of the Fourth Amendment -- which is part of the same Constitution he claims to "revere" -- might be a little hazy.
Under a Scalia directive, a federal marshal ordered two reporters -- one from The Associated Press and the other from the Hattiesburg American, a sister Gannett paper to the Eagle-Gazette -- to erase audio copies of the speech.
After some resistance, both reporters complied with the directive.
The move, while not a violation of the First Amendment, could certainly be looked at as a violation of the Fourth Amendment, which protects all citizens from illegal search and seizure.
The move also violates the Privacy Protection Act of 1980, which prohibits such seizures and allows law enforcement to confiscate a reporter's material only in limited circumstances, such as if officers suspect the journalist is committing a crime.
No crime was committed -- unless Scalia believes being held accountable for his words is a violation of any state law in the entire country. There's no evidence to suggest the reporters were clandestinely recording the speech or trying to practice "gotcha journalism." They were simply doing their jobs.
