Tag Archives: Fifth Amendment

Privacy isn’t in the Constitution – but it’s everywhere in constitutional law

Who’s allowed to watch what you do and say?
Shannon Fagan/The Image Bank via Getty Images

Scott Skinner-Thompson, University of Colorado Boulder

Almost all American adults – including parents, medical patients and people who are sexually active – regularly exercise their right to privacy, even if they don’t know it.

Privacy is not specifically mentioned in the U.S. Constitution. But for half a century, the Supreme Court has recognized it as an outgrowth of protections for individual liberty. As I have studied in my research on constitutional privacy rights, this implied right to privacy is the source of many of the nation’s most cherished, contentious and commonly used rights – including the right to have an abortion – until the court’s June 24, 2022, ruling in Dobbs v. Jackson. Continue reading

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US Government’s Refusal to Confirm or Deny It Put American Journalist on Drone Kill List Called ‘Chilling’

“The government seeks to shield itself from all inquiry into the process by which it acts as prosecutor, judge, jury, and executioner.”

By Julia Conley, staff writer for Common Dreams. Published 4-2-2019

A man walks past a graffiti, denouncing strikes by U.S. drones in Yemen, painted on a wall in Sanaa. Photo: DJANDYW.COM/flickr

Lawyers for an American journalist who believes he was placed on the government’s infamous “kill list” warned Tuesday that the rights of all U.S. citizens are at stake if the country’s drone assassination program is allowed to continue.

The organization’s comments came as part of a response to the U.S. government’s attempt to dismiss a lawsuit regarding its use of the list. Reprieve is representing Bilal Abdul Kareem, a journalist and U.S. citizen who claims he was repeatedly targeted —and nearly killed on five separate occasions—by drone and missile attacks in 2016 when he was reporting on the ongoing conflict in Syria. Continue reading

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Journalist James Risen: Trump Is Attacking Free Press ‘In a Way We Haven’t Seen in Modern American History’

“I think the Acosta incident is… a symbol of an attempt to discredit not only CNN but the entire press corps.”

By Jake Johnson, staff writer for Common Dreams. Published 11-19-2018

Screenshot: CNN

Speaking from his years of experience being pursued by the Obama Justice Department for simply practicing journalism and refusing to reveal his confidential sourcesIntercept reporter James Risen told The Hill on Monday that President Donald Trump is building on his predecessor’s war on the free press by “demagoguing” the media “in a way we haven’t seen in modern American history.”

“Obama tried to put me in jail for seven years… A lot of conservatives try to point to me as an example of Obama on press freedom and I fully agree with the view that he had a terrible record on press freedom,” Risen said. “The difference with Trump is that he is demagoguing the issue in a way we haven’t seen in modern American history.” Continue reading

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As Trump DOJ Argues ‘No Journalist Has First Amendment Right to Enter White House,’ News Orgs Rally Behind CNN Lawsuit

“It is imperative that independent journalists have access to the President and his activities, and that journalists are not barred for arbitrary reasons,” over a dozen news organizations state

By Andrea Germanos, staff writer for Common Dreams. Published 11-14-2018

President Donald Trump gets into an exchange with Jim Acosta of CNN after giving remarks a day after the midterm elections on November 7, 2018 in the East Room of the White House in Washington, D.C. Screenshot: CNN

The ACLU fired off a reminder Wednesday that the “White House belongs to the people, not the president” after the Trump administration asserted in a legal filing that the president has “broad discretion” to bar reporters from press briefings.

“No journalist has a First Amendment right to enter the White House,” Justice Department lawyers argued in a 28-page filing in response to CNN’s lawsuit against the administration for revoking the “hard pass” of the network’s chief White House correspondent, Jim Acosta, last week. Continue reading

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Just Who Is ICE Targeting? Journalist Claims His Arrest Retaliation for Critical Reporting

At the time of his arrest while covering a protest, “I was doing my work and nothing more, like any other journalist does,” says Manuel Duran.

By Andrea Germanos, staff writer for Common Dreams. Published 7-9-2018

Manual Duran, seen on the left, is arrested by police on April 3, 2018. (Photo: screengrab/YouTube)

Amid new revelations showing that Trump’s Immigration and Customs Enforcement (ICE) appears to be increasing its indiscriminate arrests of undocumented immigrants—not prioritizing those with serious criminal records—one journalist in custody and facing possible deportation says in a new interview that he believes his arrest was absolutely the result of his reporting critical of the Memphis Police Department and Department of Homeland Security.

At the time of his arrest in April, “I was doing my work and nothing more, like any other journalist does,” 42-year-old Manuel Duran told The Daily Beast in Spanish. He said he believes he was apprehended “without a doubt” as a result of his reporting. Continue reading

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