The Jorde Lecture by Holmes burns with the light of clear analysis and calm rationality. In this Essay, I wish to build on it through consideration of its model of “public liberty.” In particular, I discuss how private liberty, and in particular, information privacy, has an important role, indeed is a precondition, for public liberty. I will use the process of amendment of the Foreign Intelligence Surveillance Act (FISA) to illustrate a number of Holmesian lessons concerning past wisdom as codified in law; the impact of secrecy on governmental behavior; and necessary institutional reforms.
|
VIEW PDF
