> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
It says nothing directly about privacy, for or against, let alone surveillance dragnets. I would contend it strongly implies in fact laws should protect and also not chill your ability to:
- go to and from a place of worship
- go to and from a peaceful assembly
- conduct free speech activities
- conduct press/journalism
- petition the government
If anything, the existing framework of laws implies a gap, that data should not be able to be hoovered up without prior authorization, since the existence of such a dragnet with a government possibly adversarial to certain political positions (e.g. labeling "AntiFa" terrorists) has quite the chilling effect on your movement and activity. US vs Jones (2012) ruled a GPS tracker constitutes a 4th Amendment search. If I have no phone on me, and a system is able to track my location precisely walking through a city, does it matter if the trace emitted by that black box is attached to me physically, or part of a distributed system? It's still outputting a dataframe of (timestamp, gps) over a huge area.