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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Dec. 30, 2013/ 30 Kislev, 5774

Why Judge Was Incorrect in NSA Case

By Bruce Bialosky




http://www.JewishWorldReview.com | A storm was created by a federal judge who ruled that the NSA is inappropriately collecting information on American citizens in violation of the fourth amendment. There has been immense reaction for and against his ruling. But no one seems to really point out the flaw in his ruling.

Federal Judge Richard Leon was appointed to his current position by George W. Bush. The person who presented the case to stop the NSA activity was Larry Klayman, who has been perceived as a right-of-center gadfly. But the people hailing the decision most were "civil liberties" groups on the left. And the visceral reaction from the right has been heavily against the ruling, led by editorial page of The Wall Street Journal.

The ruling in Klayman vs. Obama revolves around a Supreme Court ruling in Smith vs. Maryland (1979). Judge Leon called for the abandonment of the precedent set because of, in his words, the "almost Orwellian" technological developments. Leon recognizes the Supreme Court has accepted warrantless searches in certain cases where there are "special needs." But he then states no court has recognized a "special need" "to justify continuous, daily searches of virtually every American without any particular suspicion."

The ruling in Smith vs. Maryland established a new precedent contrary to prior cases like Katz vs. United States (1967) which established that wiretaps were improper without a warrant. In Smith, the Supreme Court ruled that a person had no reasonable expectation of privacy because "the petitioner voluntarily conveyed numerical information to the telephone company." The people who say Judge Leon is wrong state that the ruling in Smith is precedent and that Leon will be overruled by either the Appeals Court or the Supreme Court or both.

Here is where Judge Leon's ruling is wrong. He should have stated that the precedent was junk. Smith effectively states that if you contract with a private company to provide a product to you (in this case phone service), you have provided the government the right to have access to that information. You have given away your privacy rights. Huh? Where is the logic there?

I don't want to totally insult the Justices who agreed with the decision or Justice Harry Blackmun who wrote it, but it seems that they either do not understand the essence of a contract between private parties or the Fourth Amendment. More specifically, where do they get off making such a ruling? This is a ruling that could only be made by people who believe that government has ever-expanding rights.

Based on this ruling, you really have no right to privacy in a transaction between you and any private company. Let's say you have created an email account with Google or Yahoo, and you have freely transmitted your information through those companies to a friend. Under Smith you have expectations that your government can look at those emails. Or you make purchases with your Visa or MasterCard and the government can sweep up that information - you have no expectation of privacy. Do you have privacy rights between you and your hardware store if you go there and buy some nails and hammer? Where does it stop?



The fascinating thing here is that all these companies have been required by federal law to establish privacy rights criteria. They do that when you sign up with them and then they send you a notice of their privacy rules each year. The federal government now says that Microsoft or American Express cannot share your information with third parties without your permission, but we "the government" can get to it because some judges misread the Constitution in 1979. Shame on the Wall Street Journal for accepting this improper invasion of private contracts by an invasive federal government. If anyone should defend the rights of private contracts, it should be the WSJ. Shame on them for endorsing this expansion of the rights of the government over the people.

If anyone believes I am getting soft on terrorists, disabuse yourself of that thought. This issue is not about terrorism; it just happens to be centered on activity by an organization that tells us they are protecting us from terrorists. God bless you NSA; get them all and I hope you kill them. And by the way they don't have any rights. They are not American citizens. And if someone gets killed hanging around with them so be it. That is the risk you assume hangin' with madmen.

That has nothing to do with our government collecting your telephone calls and keeping that information in a sweep of data. Or your emails or your credit card charges or anything about your personal life. That is why our brilliant founders insisted on the Fourth Amendment and specific warrants. They knew that if you give the government a toe, they will take your foot and then your leg and then all of you.

As the New Year approaches you should thank Judge Richard Leon for putting a big stop sign in front of the federal government. Because of Judge Leon, some of your God-given rights have been restored and as 2014 begins you are a freer American. Now hopefully our current Supreme Court will throw out their predecessors' severely misguided ruling in Smith vs. Maryland.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Comment by clicking here.

Bruce Bialosky is the founder of the Republican Jewish Coalition of California and a former Presidential appointee.


Previously:


12/09/13 The Real Reaction to Obamacare
12/09/13 How to Secure a Proper Iranian Agreement
12/03/13 Frontline/ProPublica's Misguided Attack on The Assisted Living Industry, Part 2
12/02/13 Frontline/ProPublica's Misguided Attack on The Assisted Living Industry, Part 1
11/25/13 Obamacare --- Big Business Gets Screwed Again
11/18/13 Shocking News: Dems Want New 'Revenues'
11/11/13 Do You Want A Nationalized Drug Industry?
11/04/13 Obamacare Schadenfreude
10/28/13 The Second Biggest Issue in America
10/21/13 The New Welfare State





© 2013, Bruce Bialosky

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