Home Judge’s Opinions The Right to Be Left Alone

The Right to Be Left Alone

by Andrew P. Napolitano

Every move you make And every vow you break Every smile you fake Every claim you stake I’ll be watching you. -- “Every Breath You Take,” Song by The Police The Fourth Amendment to the U.S. Constitution guarantees the right to privacy. Like other amendments in the Bill of Rights, it doesn’t create the right; it limits government interference with it. Last week, President Joe Biden misquoted the late Justice Antonin Scalia suggesting that Justice Scalia believed that the Bill of Rights creates rights. As Justice Scalia wrote, referring to the right to keep and bear arms but. . .

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