It is fair to assume that no member of the current Court would publicly advocate abandonment of the preferred status of individual rights or the lesser protection of economic liberties; the Court regularly applies only a rationality test to economic legislation.
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The sometimes heated debate over how free the Internet should be was on public display in angry shouting matches at a recent meeting of the House Judiciary Committee working on drafts of the proposed “Stop Online Piracy Act.”
Using a telephone is clearly protected under the First Amendment, and the Supreme Court has said that it even involves a right of personal privacy.
A developing constitutional “right of sexual privacy” for teenagers under the age of 18 is steeped in controversy, as the recent confrontation over the “Plan B” birth control pill attests.
It depends upon how, in a future case, the Supreme Court interprets the first decision on terrorism law to be issued following the September 11, 2001, attacks — Hamdi v. Rumsfeld.