Archive for October 4th, 2011

Case brief: Katz v. United States.

Tuesday, October 4th, 2011

Not that Katz. This one was Charles Katz, and he was a gambler who got caught “transmitting wagering information by telephone across state lines in violation of 18 U.S.C. 1084”. The Man had attached a recording device to the outside of the phone booth he was using, and his recorded conversations were used as evidence against him.

Katz said, “Foul!” and the Supreme Court agreed. This is actually an interesting and somewhat surprising case; it serves as a very nice example of the Supreme Court changing its mind in a very public way. The government argued that what they had done was A-OK, because the Court had ruled (in Olmstead v. United States, which I understand comes up in the Ken Burns thing) this this kind of activity didn’t violate the Fourth Amendment. The Supreme Court came back and said, “Yeah. You know something? We’ve changed our mind. Olmstead is no longer controlling. Too bad. So sad. You lose.”

There doesn’t seem to be a lot of information about Charles Katz, either before or after his conviction. One of his lawyers on the appeal says he never even met the man.

Anyway, here’s my case brief, for your reading and mocking pleasure.

TMQ Watch: October 4, 2011.

Tuesday, October 4th, 2011

One of WCD’s favorite quotes is from the late Arthur Schlesinger Jr.:

The notion that authority is entitled to reverence per se is the most subvervise of all notions in a free society. “There is not worse heresy,” Lord Acton wrote, “than that the office sanctifies the holder of it.” Authority is entitled only to the respect it earns, and not a whit more.

After the jump, this week’s TMQ:

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Your loser update: week 4, 2011.

Tuesday, October 4th, 2011

NFL teams that still have a chance to go 0-16:

Miami
Indianapolis
Minnesota
St. Louis