Constitutional Law In The 21st Century – The Future of Privacy, Personhood, and Freedom Ep.24

Jeffrey Rosen


Big Data, Artificial Intelligence, Surveillance, and Genomic Science. What Does Constitutional Law Have To Say? A Conversation with Jeffrey Rosen
In this episode of Hidden Forces, host Demetri Kofinas speaks with Jeffrey Rosen, the nation’s most widely read and influential legal commentator. Their conversation examines the landscape of constitutional law in the 21st century. How do we interpret a more than 200-year-old document in an age of empire, terror, and technological futurism? How do theories of mind apply to the laws of personhood? How will our criminal justice system evolve along with our notions of agency and free-will? How do we interpret the First Amendment in an age of synthetic news and artificial intelligence? Where do the Bill of Rights and the Constitution stand on the question of genetic engineering and designer babies? Can the Fourth and Fifth Amendments protect our right to privacy and freedom from self-incrimination in an age of mass surveillance? How does constitutional law inform the practices of corporations and publishers? Can this enduring document safeguard our liberty, autonomy, and freedom, in the digital age?

In addition to his role as President and Chief Executive Officer of the National Constitution Center, Jeffrey Rosen is also a professor at The George Washington University Law School, a nonresident senior fellow at the Brookings Institution, and a contributing editor for the Atlantic. He is a highly regarded journalist whose essays and commentaries have appeared in the New York Times Magazine, The Atlantic Monthly, on National Public Radio, and in The New Yorker, where he has been a staff writer. The Chicago Tribune named him one of the 10 best magazine journalists in America and legal historian David Garrow has called him “the nation’s most widely read and influential legal commentator.” He received the 2012 Golden Pen Award from the Legal Writing Institute for his “extraordinary contribution to the cause of better legal writing.”

Producer & Host: Demetri Kofinas
Editor & Engineer: Stylianos Nicolaou

Join the conversation on Facebook, Instagram, and Twitter at @hiddenforcespod

Reading list for “Constitutional Law In The 21st Century – Big Data, Artificial Intelligence, Surveillance, and Genomic Science With Jeffrey Rosen”
Privacy, Property, and Free Speech: Law and the Constitution by Jeffrey Rosen
Constitution 3.0: Freedom and Technological Change by Jeffrey Rosen
The Unwanted Gaze: The Destruction of Privacy in America by Jeffrey Rosen
The Supreme Court: The Personalities and Rivalries That Defined America by Jeffrey Rosen
The Most Democratic Branch: How the Courts Serve America by Jeffrey Rosen
The Nine: Inside the Secret World of the Supreme Court by Jeffrey Toobin
The Oath: The Obama White House and The Supreme Court by Jeffrey Toobin
The U.S. Supreme Court: A Very Short Introduction by Linda Greenhouse
Louis D. Brandeis: A Life by Melvin I. Urofsky
Louis D. Brandeis: American Prophet by Jeffrey Rosen
Rights of Man by Thomas Paine
Common Sense by Thomas Paine
The Federalist Papers by Alexander Hamilton, James Madison, and John Jay
William Howard Taft: The American Presidents Series: The 27th President, 1909-1913 by Jeffrey Rosen

With many thanks to: Jeffrey Rosen – Hidden Forces.


RSF supports Gabriel Mackle in his defence of his Republican identity.

Statement by the President of Republican Sinn Féin Des Dalton
28ú Márta/March

Republican Sinn Féin salutes Gabriel Mackle on his courageous defence of his distinct identity and autonomy as an Irish Republican POW within the Maghaberry prison. Irish Republican POWs have historically had to run the gauntlet of British and 26-County state attempts to criminalise them and deny them their identity, shamefully on this occasion this latest injustice comes at the hands of those purporting to be fellow Irish Republicans. To compound the injustice is the fact that it was the CABHAIR supported prisoners who won the right of Republican prisoners to have their separate identity accepted by the prison regime. The CABHAIR supported prisoners led the dirty protests which resulted in the August 2010 Agreement.
This attempt to deny Gabriel Mackle his own political identity and autonomy brings only shame to those who have a hand in it. By cloaking their actions in the name of Republicanism they sully that noble banner. A statement issued under the name of “Republican Prisoners, Roe 4” in Maghaberry prison by the group styling itself Saoradh is quite simply a tissue of lies and calculated smear, designed to hide what is really happening here.

In an attempt to smear Gabriel Mackle the statement cites his previous membership of the British Army’s Royal Irish Regiment. This is a matter of public record. Irish Republican history is littered with instances of Irish patriots who having served in the British Army subsequently gave honourable and heroic service to the cause of Irish freedom, James Connolly, Michael Mallin and Tom Barry are notable examples.

This statement cannot disguise the reality of what is going on in Maghaberry. Gabriel Mackle’s right, a right inherent to all Republican POWs, to maintain his own political identity is being attacked. Historically this right has always been respected by Republican prisoners regardless of organisation. However, this latest move to deny Gabriel Mackle this right echoes the actions of the Provisionals who in 1986 forced Republican prisoners who refused to renounce their Republican principles and abandon their allegiance to the All-Ireland Republic off prison landings.

Today it seems similar tactics are being employed by a grouping that it seems will not tolerate any alternative views. When these people speak of unity we now can see what they really mean. They are simply Provo – lite, aping the tactics and mindset of the Provisionals. They will be no more successful in their attempts to intimidate faithful Irish Republicans than the reformist Provos were before them.
We will not be intimidated or deflected from our work. Over the decades we have seen many such groupings styling themselves as Republican come and go. Republican Sinn Féin and the Republican Movement long predate them and will long outlast them. This year we mark 100 years since the historic 1917 Ard Fheis at which Sinn Féin adopted a Republican constitution. We are proud of our history of unbroken continuity of principle and organisation. Over the course of that century faithful Irish Republicans have defended that constitution from those who have attempted to subvert it, in 1921, 1926, 1946, 1969/70 and 1986. We will remain steadfast in our allegiance to the All-Ireland Republic of Easter and determined in our pursuit of our Republican goals. Once more we salute Gabriel Mackle and pledge him our continued solidarity and support. Maith thú Gabriel.


With many thanks to: Des Dalton, President Republican Sinn Féin.

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