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Justice Pierce Butler dissented, finding that because "[t]he direct operation or literal meaning of the words used do not measure the purpose or scope of its provisions" therefore "the Fourth Amendment safeguards against all evils that are ''like and equivalent'' to those embraced within the ordinary meaning of its words." [emphasis added] And, since telephone communications can contain privileged discussions between "physician and patient, lawyer and client, parent and child, husband and wife" they belong to the participants in the same way that papers (specifically mentioned in the Fourth Amendment) might.  

Justice Pierce Butler dissented, finding that because "[t]he direct operation or literal meaning of the words used do not measure the purpose or scope of its provisions" therefore "the Fourth Amendment safeguards against all evils that are ''like and equivalent'' to those embraced within the ordinary meaning of its words." [emphasis added] And, since telephone communications can contain privileged discussions between "physician and patient, lawyer and client, parent and child, husband and wife" they belong to the participants in the same way that papers (specifically mentioned in the Fourth Amendment) might.  

Justice Holmes also dissented, but not because he felt that the Fourth Amendment protected against unlawful wiretaps. Using a principle of judicial economy, Justice Holmes did not reach the constitutional issue. His dissent proposed that evidence obtained unlawfully, should be excluded, a view that was echoed in Mapp v. Ohio. [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=367&page=643 opinion]

Justice Holmes also dissented, but not because he felt that the Fourth Amendment protected against unlawful wiretaps. Using a principle of judicial economy, Justice Holmes did not reach the constitutional issue. His dissent proposed that evidence obtained unlawfully, should be excluded, a view that was echoed in Mapp v. Ohio. <ref>[http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=367&page=643 Mapp v. Ohio - opinion]</ref>

Justice Brandeis's dissent invoked "man's spiritual nature," but the media prefer to quote his statement that the Constitution confers "the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men." Justice Brandeis provided no authority for his sweeping claim, which seem odd in the context of blatant criminal activity. Do those engaging in crime have a "right to be let alone"? Justice Douglas, in concurring with the pro-abortion decision of Doe v. Bolton, 410 U.S. 179 (1973), relied on Brandeis's sweeping assertion; so did Justice Blackmun in writing that there is a constitutional right to homosexual activity in Bowers v. Hardwick, 478 U.S. 186 (1986).

Justice Brandeis's dissent invoked "man's spiritual nature," but the media prefer to quote his statement that the Constitution confers "the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men." Justice Brandeis provided no authority for his sweeping claim, which seem odd in the context of blatant criminal activity. Do those engaging in crime have a "right to be let alone"? Justice Douglas, in concurring with the pro-abortion decision of Doe v. Bolton, 410 U.S. 179 (1973), relied on Brandeis's sweeping assertion; so did Justice Blackmun in writing that there is a constitutional right to homosexual activity in Bowers v. Hardwick, 478 U.S. 186 (1986).

Pierce Butler had been outspoken against liberal professors at the University of Minnesota prior to his nomination. Labor and progressive groups and even his own Senator actively opposed his confirmation. Warren Harding did not seek a stealth nomination, and Butler proved to be perhaps the best Supreme Court Justice ever.

Pierce Butler had been outspoken against liberal professors at the University of Minnesota prior to his nomination. Labor and progressive groups and even his own Senator actively opposed his confirmation. Warren Harding did not seek a stealth nomination, and Butler proved to be perhaps the best Supreme Court Justice ever.

[[Category:US Judges]]

[[Category:US Judges]]