Andrew G. Ferguson Profile picture
Sep 16, 2022 25 tweets 6 min read Read on X
A #ConstitutionDay Thread.

September 17th is Constitution Day. By federal law all educational institutions that receive federal funds (elementary to university) are required to teach about the US Constitution. There is no penalty for not doing it, but the goal is to educate.
As a law professor and parent, it struck me that there were not many books for elementary age kids about Constitution Day. You go to the library and there is always a section on upcoming holidays, but not much for Constitution Day. It made me sad.
I co-opted my son (then in elementary school) to help me write one to fill the gap and we came up with a picture #book idea “Liberty Lincoln Jay Shares Constitution Day” about a girl who shares the special day and it’s meaning with her class.
We wrote some words, and a fun story, but not being connected to the world of Childrens’ book publishing and having other professional responsibilities we never found an illustrator or publisher. The book sat for a while unfinished.
Then one year around Constitution Day, we asked my son’s teacher to share the book idea with the class. It turned out to be a marvelous experiment because the kids were faced with a blank white page and words but had to craft their own vision of America.
I have to say that the diversity of images and vision was pretty uplifting and it seemed like a good teaching tool for getting kids to think about what the Constitution means to them.
But then we got busy and dropped the idea. My son is now out of elementary school, but the idea is still a good one. So, in the hopes that someone on Twitter wants to share the idea and maybe some publisher wants to make it a reality, I share the only illustrated copy.
I don’t want to out my son or his classmates as this was just something they did for fun, but please enjoy “Liberty Lincoln Jay Shares Constitution Day.” And teach your kids about why the Constitution matters. #Books

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More from @ProfFerguson

Jul 18
A thread on a my just published article — “Digital Rummaging” — that tries to reimagine the Fourth Amendment harms of new mass surveillance technologies.  #surveillance #privacy #FourthAmendment 1/12  

papers.ssrn.com/sol3/papers.cf…
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I have been teaching the Fourth Amendment for 14 years now and still don’t know what a reasonable expectation of privacy is.

Especially, in a world of constant, ubiquitous digital #surveillance I will hazard a guess no one knows. 2/12
Yet, 18 months of a digital video surveillance of my home seems like something the Constitution should push back on.  I can’t imagine James Madison allowing the government to watch and record his home with a pole camera. 3/12
Read 13 tweets
Jul 17, 2022
Prepping for criminal procedure in the Fall and it occurred to me how worried we should be about policing abortion, reasonable suspicion, and the too malleable standards of the 4th Amendment. 1/18🧵#Law
First, in discussing pregnancy & policing and I am in no way meaning to ignore the intersectionality and or primacy of race, reasonable suspicion, & policing. The reality of race-based stops is well demonstrated. 2/18
But when abortion is made illegal, and people need to travel for care, and if police prioritize enforcement (why they would is beyond me), the Fourth Amendment is going to come into play. 3/18
Read 18 tweets
Mar 7, 2022
Geofence warrants help police find suspects using Google. A ruling could curb their use. nbcnews.com/news/us-news/g…
If you are interested in geofence warrants, you should read the Chatrie opinion (linked in the article). A few interesting #surveillance tidbits: 1/8
Google filed an amicus brief contending that the geofence was clearly a search which violated the 4th Amendment. Interesting record for appeal. 2/8
Read 9 tweets
Jul 15, 2021
This opinion raises all the right questions, but ultimately fails in its analysis. It reads like the Court knows they are wrong, but feels trapped by the doctrine that is not nearly as narrow as they assume. Three quick points: 1/5
1) The court does not take seriously the digital is different hints of Riley, Carpenter, and Jones. The retrospective, aggregating, long term, pervasive surveillance is different from the analog cases. Camera systems fit this new problem. 2/5
(2) The court minimizes the fact that we are talking about a home. Most of the analogies ignore that it is a home (and the curtilage) that is being protected. Cameras on a public street are not the same thing as cameras on a public street pointing at a private home. 3/5
Read 5 tweets
Aug 13, 2020
Some articles stick with you and make you rethink first principles. This article by @equalityAlec is one such article.

currentaffairs.org/2020/08/why-cr…
One lesson arising from the “defund police” movement is an awareness that structural inequities in housing, health, education, jobs, addiction treatment, mental health, etc. create “problems“ that some people think police solve. 1/14
While the critique is directed at police, there are other actors that can more immediately respond to these structural inequalities. Judges,
for one, are confronted with these arguments every day. 2/14
Read 15 tweets

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