AP v. United States: The Legal Ramifications

Hello all! My fellow justices and I have been discussing AP vs. United States for quite some time now and we are getting eager to hear the case. As we get closer to hearing the case, I wanted to share a few of my thoughts on the ramifications that this case could have on U.S. law and the interpretation of the Constitution.

If the court rules in favor of the Associated Press, I believe that the constitutionality of the PATRIOT Act, which is part of the backbone of the United States government’s defense, will be called into question. When examining the PATRIOT Act from a Fourth Amendment perspective, its constitutionality is already a bit questionable, but American citizens have agreed that to sacrifice some of their privacy in order to stay safe. A win for the AP would inhibit the PATRIOT Act because if that precedent is set, it would make it more difficult for the government to obtain phone and email records without a proper reason or warrant.

If the court rules in favor of the United States, I believe that the PATRIOT Act will only be made stronger and the privacy of citizens will be even more diminished than it already is. I feel that the Fourth Amendment would also require modification if this outcome occurs. Currently, it states that people have the right “to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures” and that this cannot be violated. If the court rules against the AP, I think that the amendment should be modified to something along the lines of, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, except in the case of protecting national security.”