“It can sound trite if you just say citizens need to be educated for democracy to work, but for him it wasn't trite. It was really this strenuous challenge to citizens to use their moments of leisure, which he defined as time away from work, to collect the facts that were necessary for full democratic participation.” IfsNeedsMomentsFactsUseSoundChallengesDemocracyCitizensDemocraticEducatedDefinedLeisureParticipationTime Away Author:Jeffrey Rosen
“I don't think he would have had any trouble answering Justice Sonia Sotomayor's excellent challenge in a case involving GPS surveillance. She said we need an alternative to this whole way of thinking about the privacy now which says that when you give data to a third party, you have no expectations of privacy. And [Louis] Brandeis would have said nonsense, of course you have expectations of privacy because it's intellectual privacy that has to be protected. That's my attempt to channel him on some of those privacy questions.” ThinkingWayNeedsGivingSaidWholeCoursesChallengesJusticePartyCasesTroubleIntellectualExpectationsThirdsDataAlternativesExcellentNonsensePrivacyProtectedWay Of ThinkingSurveillanceInvolvingThird PartiesGpsLouis Brandeis Author:Jeffrey Rosen
“He [Louis Brandeis] would have not had any patience with that great debate which you're right to kind of signal between Justice Scalia and Justice Alito about do you need a physical trespass into the home or onto the carriage in order to trigger the values of the Fourth Amendment.” NeedsKindHomeValuesOrderJusticeDebateAmendmentsFourthSignalsTriggersCarriagesFourth AmendmentLouis BrandeisJustice Scalia Author:Jeffrey Rosen
“We need to protect the same amount of cognitive liberty in an age where you can invade people's thoughts without physically intruding into their homes than you did at the time of the framing.” PeopleNeedsHomeAgeLibertyAmountProtectCognitiveFraming Author:Jeffrey Rosen
