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View Diary: Watch as Glenn Greenwald Proves the Current NSA Metadata Program is Constitutional ... back in 2006! (76 comments)

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  •  Are you talking about this one? (5+ / 0-)
    Recommended by:
    Joieau, VirginiaJeff, DeadHead, BradyB, JVolvo
    ... Smith v. Maryland case is still controlling (and as such is "Adverse Authority"), as the case which you cite is:

    (1)  From a lesser jurisdiction;
    (2)  Only deals with three states;
    (3)  Is not directly on point like the Smith case is; and
    (4)  Is not a United States Supreme Court case.

    The 11th circuit does not agree with you that Smith controls Davis.  It expressly stated it was addressing an issue of first impression (that is, an issue on which there is no governing precedent).  

    To address your numbered points:

    (1)  the fact that it is from a lesser court is not relevant to my point.  A panel of a federal circuit court found that Smith does not control tracking data.  These are learned jurists who disagree with your specious conclusion that Smith governs all metadata;
    (2)  irrelevant for the same reason;
    (3) you should redraft this statement because it is incoherent.  What is "it" modifying? The Davis case?  If so, what is Smith more on point with than Davis?  and
    (4) this is the third reiteration of the same point.  

    Here is your argument:  Davis does not matter because it was handed down by a circuit court of appeals, not the supreme court.  And then there's whatever point you are trying to make in 3 above.  

    Now, care to address how the circuit court is wrong for finding that Smith did not control?  

    •  You have written a lot in this ... (0+ / 0-)

      ... diary, and all of it is obfuscatory. Davis dealt with tracking people. Smith dealt with anonymous metadata. Do you see how the two are different?

      This is really basic stuff.

      My dog likes me because I'm salty. Not salty like a pirate. Salty like a pretzel.

      by Tortmaster on Sun Jun 22, 2014 at 09:50:11 PM PDT

      [ Parent ]

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