John Wrench is joined by Kirby West and Josh Windham to discuss some of the major threats to liberty, including warrantless mass surveillance, the facial/as-applied distinction, and grade inflation. They begin with IJ’s recent victory—the Pennsylvania Supreme Court’s unanimous rejection of the so-called “open fields doctrine”—while puzzling over the difference between facial and as-applied relief. Mass surveillance remains a theme as they comment on growing opposition to automated licensed plate readers (ALPRs), which has stimulated everything from litigation to proposed legislation to a recent instance of “self-help.” Finally, prompted by a recent change at Yale Law School, they consider The Curve, inflated grades, and what that all means for legal education. 

Pennsylvania Open Fields case

Pennsylvania Fish Cops case

Chatrie v. U.S.