The “Expectation of Privacy” test of Katz v. United States is a common target of attack by originalist Justices and originalist scholars. They argue that the Katz test for identifying a Fourth Amendment search should be rejected because it lacks a foundation in the Constitution’s text or original public meaning. This is not just an academic debate. The recent ascendancy of originalists to the Supreme Court creates a serious risk that the reasonable expectation of privacy test will be overturned and replaced by whatever an originalist approach might produce.
Speakers:
Orin Kerr - https://www.law.berkeley.edu/our-faculty/faculty-profiles/orin-kerr/#tab_profile
Andrea Roth - https://www.law.berkeley.edu/our-faculty/faculty-profiles/andrea-roth/#tab_profile
William Cuddihy - Author of The Fourth Amendment: Origins and Original Meaning