The Right to Be Left Alone
By Andrew P. Napolitano | Ron Paul Institute | August 13, 2026
The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. … They conferred against the Government the right to be let alone — most comprehensive of rights and the right most valued by civilized men.”
— Justice Louis D. Brandeis (1856-1941)
The rapid spread of public surveillance cameras represents something far more consequential than a new piece of police technology. It represents a fundamental change in the relationship between the individual and the state.
These cameras allow government agents to record, identify, catalog and retroactively track the movements of people who have committed no crime, are suspected of no wrongdoing and have done nothing to invite government scrutiny. That’s not public safety. It’s an assault upon individual privacy.
Privacy is not a privilege granted by government. It is an aspect of personal liberty that government exists to protect. It is a natural human right protected from the government in the Bill of Rights. The fact that a person leaves his home and travels upon a public road does not mean that he has surrendered that right.
There is an enormous moral and constitutional difference between a police officer who happens to observe a person in public and government surveillance that automatically and systematically records that person’s vehicle, location and movements; and stores that information for future use.
A free society doesn’t just protect people from crime; it protects them from arbitrary government. The presumption is liberty. Government is the negation of liberty. A person should not have to establish his innocence before the government leaves him alone. The burden always belongs to the government to justify all intrusions into personal liberty. Police cameras reverse that principle. They collect information about everyone the camera views and leave it to individuals to challenge the collections afterward.
The Constitution requires articulable suspicion connecting the person being surveilled to a legitimate law-enforcement objective to justify public surveillance. A vague assertion that the technology might someday help solve a crime or enhance public safety does not meet that standard.
The view that personal privacy and public safety are in equipoise — that they are merely two competing interests of equal moral and legal weight from which government officials are entitled to choose subjectively their preferred balance — is the core of authoritarianism.
Safety is one of the legitimate purposes for which government exists. Privacy is among the personal liberties that government exists to protect. It cannot be taken away without judicial approval. Government cannot justify violating a natural right merely by asserting that doing so might make people safer. If that were so, there would be no meaningful boundary on any governmental power.
There is a profound difference between investigating a specific crime through constitutionally authorized surveillance and constructing a permanent infrastructure of suspicionless surveillance. The former begins with evidence and seeks information relevant to a particular governmental purpose. The latter begins with everyone and waits for the evidence.
When 7,000 American police departments have these systems with no legislative approvals, we have the police making policy judgments. They are deciding that the government should possess a new capacity to observe innocent people, what information should be collected, how long it should be retained, who should have access to it and what purposes may justify searches; all this irrespective of the Constitution.
Those are not merely administrative questions. They are questions about personal liberty.
If elected legislators believe that such surveillance is necessary, they should publicly debate it, enact specific legislation mandating warrants, establish meaningful limitations and accept responsibility before the voters. The decision should not be buried in a police procurement process or treated as an ordinary equipment purchase.
Liberty cannot depend upon the benevolence, restraint or good intentions of government employees. The premise of the Constitution is that government power must be limited, checked and divided because government officials are human beings who possess power and will inevitably have incentives to abuse it.
The answer is not better government surveillance. The answer is what the Fourth Amendment requires: No government surveillance without search warrants.
The constitutional question cannot be reduced to whether someone was physically standing in a public place. A police officer seeing a car pass by is one thing. A government database capable of reconstructing months of a person’s movements is something fundamentally different.
The difference is the difference between observation and surveillance.
A free people should be profoundly suspicious of any governmental system that makes surveillance the default position. No person should have to fear that every trip down the street is being permanently recorded, whether his movements can later be reconstructed or whether a government official can search his history without individualized suspicion.
The Constitution mandates that government leave people alone unless it has a legitimate, articulable reason to interfere with their liberty. That principle is not an obstacle to public safety. It is one of the defining characteristics of a free society.
Police cameras embody the opposite philosophy: Collect first, investigate later; monitor everyone, suspect someone later; expand governmental capacity and trust officials to exercise restraint afterward. That’s not the philosophy of a constitutional republic. It’s the philosophy of a surveillance state.
The constitutional objection is not that fighting crime is unimportant. It is that government must fight crime chained down by the Constitution, to paraphrase Thomas Jefferson. Safety cannot become the magic word that dissolves every constitutional limitation. Privacy cannot be treated as a luxury available only when government determines that it is convenient. And police departments cannot be permitted to acquire, deploy and normalize technologies that fundamentally alter the balance of power between individuals and the state.
If the police could track all movements, stop anyone on a whim, search and photo as they pleased, would we have less crime? Perhaps. But who would protect us from the criminals in uniform? And who would want to live in such an authoritarian state?
To learn more about Judge Andrew Napolitano, visit https://JudgeNap.com.
COPYRIGHT 2026 ANDREW P. NAPOLITANO
DISTRIBUTED BY CREATORS.COM
Share this:
Related
August 13, 2026 - Posted by aletho | Civil Liberties, Timeless or most popular | United States
Sorry, the comment form is closed at this time.
Featured Video
Seyed M. Marandi: US-Iran War Inevitable: Kuwait and Bahrain May Fall
or go to
Aletho News Archives – Video-Images
From the Archives
Oil and the Israel Lobby
Reknowned economist M. Shahid Alam offers this excellent critique of Noam Chomsky’s defective analysis of the relative influence of Oil versus the Israel lobby over US foreign policy: … continue
Blog Roll
-
Join 2,352 other subscribers
Visits Since December 2009
- 7,759,437 hits
Looking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Malthusian Ideology, Phony Scarcity Militarism Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
Afghanistan Africa AIPAC al-Qaeda Australia BBC Benjamin Netanyahu Brazil Canada CDC Central Intelligence Agency China CIA CNN Covid-19 COVID-19 Vaccine Donald Trump Egypt European Union Facebook FBI FDA France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Human rights Hungary India Iran Iraq ISIS Israel Israeli settlement Japan Jerusalem Joe Biden Korea Latin America Lebanon Libya Middle East National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Poland Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkiye Twitter UAE UK Ukraine United Nations United States USA Venezuela Washington Post West Bank WHO Yemen Zionism
Aletho News- ICC ignored ‘very well-documented’ NATO crimes – ex-Libyan minister
- SNSC secretary dismisses US response to Iran’s conditions as ‘inadequate’
- Sanaa says Taiz roads open, secure for residents, warns Saudi forces
- Iraqi resistance group urges Saudi leadership to admit defeat, lift Yemen siege
- Trump’s Retreat: How Al-Aqsa Flood Took Down the US Empire
- Israel’s Military Actions in Lebanon Grossly Violate International Law — Lavrov
- Seyed M. Marandi: US-Iran War Inevitable: Kuwait and Bahrain May Fall
- Leaders Condemn Ansarallah Attack on Saudi Arabia While Ignoring Illegal War Against Yemen
- Leaked: Britain’s Covert Iraqi Psyops Network
- Yemeni Armed Forces Warn Airlines Against Using Saudi Airports, Exempt Mecca and Medina
If Americans Knew- After Oct 7, IDF policy allowed civilian casualties for even the lowest-ranking targets
- Israel’s Destruction of Southern Lebanon Intensified After the Cease-Fire
- The Last-Minute Decision That Gave Israel Its Name
- The American Conservative: How Trump Made the World Go Nuclear
- Meet the US generals and admirals advancing Israeli policy
- Opinion: Why news organizations should boycott Israel
- The Israeli witch hunt of Sami Abu Shehadeh exposes the lie of the ‘Jewish and democratic’ state
- No state has a ‘right’ to exist – least of all Israel
- Testimonies about Gaza’s civilian death toll expose Israel’s atrocities – Daily Update
- How Israel Conquered the Latin American Right
No Tricks Zone- New Study Suggests Large Regions Of The Pacific Ocean Have Been Cooling For The Last 80 Years
- Germany’s Green Energy Debacle: High Energy Costs Force Kahla Porzellan to Close After 182 Years!
- New Study: 50 Years Of The Most Aggressive ‘Net Zero’ Policies Can Only Affect The Global Climate By 0.03°C
- US September “Heat” Was No Record…Many Records Set Decades Ago
- Latest European Green Energy Debacle; Portugal’s Largest Flagship Solar Park Insolvent!
- Green Energy Debacle: German Expert Professor Fritz Vahrenholt Warns Of Severe Economic And Social Consequences
- Two More Paleo Reconstructions Affirm Meters-Higher Sea Levels Across Ireland, Brazil 7000-6000 Years Ago
- New Study: Earth And Venus Surface Warmth Largely Explained By Convection And Lapse Rate, Not CO2 Or Radiation
- 2025 Nature Paper Claiming Worsening Global Drought Gets RETRACTED …Heavily Flawed
- New Study: ‘Global Drought Shows No Detectable Recent Acceleration Under Climate Warming’
Contact:
atheonews (at) gmail.com
Disclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.
