1. Is There A Difference Between My Rights Under the Tennessee Constitution Versus the Federal Constitution?
Most state constitutions, including that of Tennessee, are patterned after the U.S. Constitution. However, state constitutions may provide greater protection or may even protect rights that are not protected by the United States Constitution.
Tennessee courts have, in certain instances, held that the rights protected under the Tennessee Constitution are broader in scope than those granted under the U.S. Constitution. For example, in the area of familial privacy, our state Supreme Court has held that Tennessee may impose higher standards and stronger protections than those set by the federal constitution.
2. What Right Does the Government Have to Listen In On My Private Communications?
There is considerable debate today over the “Foreign Intelligence Surveillance Act”, often referred to as FISA Section 702. This provision authorizes the U.S. government to conduct targeted surveillance of non-Americans located outside the U.S. to collect foreign intelligence information, often using U.S. tech companies.
Proponents of this law say that the government uses the information collected to protect the United States and its allies from hostile foreign adversaries, including terrorists, proliferators, and spies, and to inform cybersecurity efforts A “FISA Court” reviews and approves the government’s use of this tool.
Opponents of this provision claim that the U.S. government engages in mass, warrantless surveillance of Americans’ and foreigners’ phone calls, text messages, emails, and other electronic communications. This information can then be used to prosecute and imprison people, even for crimes that have nothing to do with national security.
The constitutional right at stake is found in the Fourth Amendment’s protection against unlawful search and seizure.
—Larry L. Crain, Crain Law Group, PLLC crainlaw.legal, 615-376-2600
