My Judiciary colleagues Jerrold Nadler, and Robert C. Scott joined me in penning this piece.
In 1928, the Supreme Court heard its first challenge to a secret government wiretap. The court upheld the warrantless surveillance in that case, but Justice Brandeis dissented. While the wiretap evidence was important to a federal prosecution, he warned that "experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent." Brandeis' v....
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