No Place to Hide: First Amendment Protection for Location Privacy

Womble Bond Dickinson
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The place you stand on the earth can speak volumes about you. Are you at home or at work? Are you in a meeting of political radicals or dining at an expensive restaurant? Are you peeking into a neighbor’s window or accepting an award for your contributions to humanity? Are you deep in the woods or lost in a crowd? Given the lack of public discourse on the subject, it seems that most Americans are not concerned about the privacy of their location. But the ability of family, friends, employers and the government to know where you are at any given moment is increasing dramatically with modern technology, and this loss of location privacy is affecting your fundamental rights under the Constitution.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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