Posts tagged “Antonin Scalia

When Judges Drink the Big Brother Kool Aid

If one needs to wonder why the United States — once the land of the free — has slowly morphed into a surveillance state, all they need do is listen to what a Supreme Court justice recently said.

“At an interview the National Press Club on Thursday,” reports BreitbartTV. “Justices Antonin Scalia and Ruth Bader Ginsburg talked about their views of the First Amendment.”

Marvin Kalb, the event’s moderator, questioned Scalia on the constitutionality of the NSA’s domestic spying of American citizens. Is it possible that the NSA’s grab of metadata, which the agency combines with algorithms to paint of portrait of individuals, is unconstitutional, Kalb asked?

“No, because it’s not absolute,” said Scalia.  “As Ruth has said there are very few freedoms that are absolute. I mean your person is protected by the Fourth Amendment but as I pointed out when you board a plane someone can pass his hands all over your body that’s a terrible intrusion, but given the danger that it’s guarding against it’s not an unreasonable intrusion. And it can be the same thing with acquiring this data that is regarded as effects. That’s why I say it’s foolish to have us make the decision because I don’t know how serious the danger is in this NSA stuff, I really don’t.”

What is scary is this statement was made by a man who took an oath to uphold the Constitution — a document that supposedly protects its citizens from government abuses.

First, Justice Scalia might want to checkout the NSA’s charter, which limits that agency to collecting foreign intelligence and prohibits it from spying on American citizens within the United States.  That job belongs to the FBI.

Second, if Justice Scalia is so inclined, could he explain the constitutionality of a foreign intelligence surveillance court approving a warrant for 150 million non-specific targets for the purposes of gathering the telephone records of American citizens.  A warrant or a subpoena, based on such a wide-swath of targets and absent probable cause of individual wrong doing, does not jibe with the Fourth Amendment.

This statist rationale — cut from the same cloth that Supreme Court once used to uphold the 1917 Espionage Act, which permitted censorship of newspapers — is proof that, when it comes to individual liberty, our courts have become government rubber stamps.

“Where did our nation’s judges get their law degrees from?” asked Devin Sharif, who brought Scalia’s statements to the attention of SF,  “China or Russia?”



Steve Spingola is an author and retired Milwaukee Police Department homicide detective. His latest book, Best of the Spingola Files, Volumes I & II, is now available at

If your organization is on the lookout for an outstanding guest speaker, please consider the Spingola Files’ Psychology of Homicide presentation.

For more information, visit and click the “seminars & presentations” icon.

© Steven Spingola, Wales, WI, 2014

Drew Peterson Case: Will the Guilty Verdict Stand?

To view this article, checkout Best of the Spingola Files, Vol. II: Here’s Looking at You coming to in December 2012.


Steve Spingola is an author and retired Milwaukee Police Department homicide detective. His new book, Best of the Spingola Files, is now available at

If your group is in need of a fascinating guest speaker, consider the Spingola Files Psychology of Homicide presentation.  For more information, visit


© Steven Spingola,Wales, WI, 2012