The central court case to this issue, ACLU v. NSA, involved several plaintiffs who thought that they were being spied on by the NSA without a warrant. A district court in Michigan ruled for the plaintiffs, ordering that all NSA spying (sans warrant) on US citizens be halted immediately. However, the 6th Circuit Court of Appeals overruled the decision, but refused to elaborate on the legality of the issue based on the dubious quality of the plaintiffs' claims. The Supreme Court upheld the lower court's decision.
Reasoning:
4th Amendment: "Search and Seizure" clause. The government may not obtain any evidence under the ownership of an entity without a warrant. Electronic communications between two parties are owned by the two parties; the government may not violate their right to privacy by invading their personal communications and seizing information.
FISA: This act clearly states that surveillance of an American citizen's electronic communications must be approved by a judge within 72 hours of first act of espionage on said person.
Counter Arguments:
The preamble asserts the Executive's rights to deter any ill-willed actions within the United States.
FISA grants a 15 day grace period for warrant-less wiretapping during a time of war.
The President has the power to conduct any secret surveillance for the purposes of foreign issues.
Video:
The video takes a position against wiretapping w/o a warrant.
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