Minimum Competence - Daily Legal News Podcast
Minimum Competence
Legal News for Tues 6/4 - Big Law Generative AI Embrace, Epoch Times CFO Indicted, FTX Tax Settlement, J&J $260m Trial Verdict, and Column on Sales Suppression
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Legal News for Tues 6/4 - Big Law Generative AI Embrace, Epoch Times CFO Indicted, FTX Tax Settlement, J&J $260m Trial Verdict, and Column on Sales Suppression

Big Law firms training associates on generative AI, Epoch Times CFO indicted, FTX's tax settlement, J&J's $260M talc trial verdict, and NY bill on sales suppression devices.
A robot lawyer concluding everything is res ipsa loquitur, pencil sketch.

This Day in Legal History: Wiretapping Constitutional

On June 4, 1928, the U.S. Supreme Court rendered a significant decision in the case of Olmstead v. United States, ruling that wiretapping private telephone conversations without judicial approval was constitutional. The case involved Roy Olmstead, a suspected bootlegger during the Prohibition era, whose phone conversations had been wiretapped by federal agents without a warrant. The evidence obtained was crucial in convicting him. In a 5-4 decision, Chief Justice William Howard Taft wrote the majority opinion, holding that the Fourth Amendment's protection against unreasonable searches and seizures did not extend to wiretapping because the Amendment only protected tangible property and physical intrusion.

Justice Louis Brandeis penned a notable dissent, emphasizing the right to privacy and warning of the potential for abuse and overreach in government surveillance. He argued that the Constitution should adapt to modern technological advancements, including the methods of communication. The decision highlighted a significant tension between law enforcement interests and individual privacy rights, a debate that has continued to evolve with advancements in technology.

This ruling stood until 1967, when the Supreme Court overturned it in Katz v. United States, establishing that the Fourth Amendment protects people, not places, thus extending privacy rights to include electronic communications. The Olmstead decision remains a pivotal moment in legal history, reflecting the complexities of interpreting constitutional protections in the face of new technological realities.

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Minimum Competence - Daily Legal News Podcast
Minimum Competence
The idea is that this podcast can accompany you on your commute home and will render you minimally competent on the major legal news stories of the day. The transcript is available in the form of a newsletter at www.minimumcomp.com.