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Bill of Rights
The Fourth Amendment: from property to people
For the Fourth Amendment–the prohibition against unreasonable search and seizure–one of these foundational cases was Entick v. Carrington (1765). It was not until Katz in 1965 that the Supreme Court returned to the tradition of ex Parte Jackson and held that “the Fourth Amendment protects people, not places.”
The telegraph and business invasions of privacy
In the late 19th century, many began to see the rise of monopolistic telegraph operators as more of a threat than the government. Against this potential eavesdropper, the Bill of Rights provided no protection.
Secret evidence is incompatible with the rule of law
While the use of secret evidence may be acceptable initially (as part of an investigation or short-term detention while more evidence is gathered), the defense needs access to this evidence. Without it, any trial or legal process is simply unfair.
