fluidcruft is not wrong about this particular point. And even if they were, while you may disagree passionately with the state of the law today, that doesn't give you the right to be a dick to them about their analysis. Knock it off.
There are cases where it's legitimately ambiguous as to where the law lands and this is one of those areas, but fluidcruft is insisting that it's not. To the extent it's not ambiguous, recent case law, the overarching history of the 4th Amendment literally since its ratification, and common sense all point in the same direction: the government cannot arbitrarily monitor everyone's movements (even in public) at near-zero cost with zero warrant.
2. There's nothing dickish in my prior comment whatsoever.
What’s wrong with this? It’s correct that there’s been no case yet on the legality of warrantless end-to-end surveillance technology, and he’s right that the Constitution has no explicit privacy right. Certainly no lawyer I know would advise their client otherwise, and as an attorney myself, I wouldn’t do it, either.
> There's nothing dickish in my prior comment
When someone tells you you’re being dickish, pay attention and take it seriously. They are giving you valuable feedback about how you are coming across. Even if you don’t intend to be that way, and don’t think you are, others can still see it. You need to take that into consideration.
In this case, saying that a wannabe dictator would use the same argument was pretty dickish, particularly in the context of everything you’ve already said to them. It’s well past the time to lower the temperature of this discussion. Don’t keep it on simmer.
If it were more dangerous to insist that these privacy rights already exist (which they do, at least since Katz), then a wannabe dictator would obviously just insist that these privacy rights exist. But... they obviously wouldn't do that. They'd in fact insist that these rights don't exist, they never have, and they're not in the text of the Constitution.
Referencing the desires of a wannabe dictator is not dickish in the context of a conversation about state surveillance powers. Perhaps you're getting too heated and reading tone into other people's words at this point?
> Referencing the desires of a wannabe dictator is not dickish in the context of a conversation about state surveillance powers.
I disagree. Again, it matters less what you think and more what impression you leave, especially in the greater context of everything else you’ve said in this discussion.
By analogy, it is absolutely true that a person has a right to self-defense. People in common dialogue should insist on this being actually true. Does that mean your lawyer should go into a courtroom with the strategy of simply insisting that's the case? No, obviously.
The invocation of Dobbs is clearly referencing a political strategy and not a trial strategy.
I am responding (quite clearly) to the proposed political strategy, while you are reading it as a trial strategy.
https://news.ycombinator.com/item?id=49294009
> they are not wrong [per my interpretation]
> you are therefore a dick
I think between 1 lawyer and 2 laypeople talking about law, it's quite likely the lawyer has the idiosyncratic interpretation. I did not fail to ask a question nor did I insult anyone. You did both.