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Privacy, Property, and Free Speech: Law and the Constitution
Listening Length: 12 hours
Although the courts have struggled to balance the interests of individuals, businesses, and law enforcement, the proliferation of intrusive new technologies puts many of our presumed freedoms in legal limbo. For instance, it's not hard to envision a day when websites such as Facebook or Google Maps introduce a feature that allows real-time tracking of anyone you want, based on face-recognition software and ubiquitous live video feeds.
Does this scenario sound like an unconstitutional invasion of privacy? These 24 eye-opening lectures immerse you in the Constitution, the courts, and the post-9/11 Internet era that the designers of our legal system could scarcely have imagined. Professor Rosen explains the most pressing legal issues of the modern day and asks how the framers of the U.S. Constitution and the Bill of Rights would have reacted to aspects of the modern life such as full-body scans, cell phone surveillance, and privacy in cloud servers.
Called "the nation's most widely read and influential legal commentator" by the Los Angeles Times, Professor Rosen is renowned for his ability to bring legal issues alive - to put real faces and human drama behind the technical issues that cloud many legal discussions. Here he asks how you would decide particular cases about liberty and privacy. You'll come away with a more informed opinion about whether modern life gives even the most innocent among us reason to worry.
Although the courts have struggled to balance the interests of individuals, businesses, and law enforcement, the proliferation of intrusive new technologies puts many of our presumed freedoms in legal limbo. For instance, it's not hard to envision a day when websites such as Facebook or Google Maps introduce a feature that allows real-time tracking of anyone you want, based on face-recognition software and ubiquitous live video feeds.
Does this scenario sound like an unconstitutional invasion of privacy? These 24 eye-opening lectures immerse you in the Constitution, the courts, and the post-9/11 Internet era that the designers of our legal system could scarcely have imagined. Professor Rosen explains the most pressing legal issues of the modern day and asks how the framers of the U.S. Constitution and the Bill of Rights would have reacted to aspects of the modern life such as full-body scans, cell phone surveillance, and privacy in cloud servers.
Called "the nation's most widely read and influential legal commentator" by the Los Angeles Times, Professor Rosen is renowned for his ability to bring legal issues alive - to put real faces and human drama behind the technical issues that cloud many legal discussions. Here he asks how you would decide particular cases about liberty and privacy. You'll come away with a more informed opinion about whether modern life gives even the most innocent among us reason to worry.
12 pages, Audible Audio
First published January 1, 2012
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Displaying 1 - 19 of 19 reviews
February 6, 2017
Listening to these twenty-four lectures are the equivalent of sitting in on some law school lectures while not needing to worry about reading assignments or tests. It's an interesting subject that's applicable to current issues facing us today.
Issues of privacy, free speech and property rights have evolved throughout the history of British common law and American constitutional law. Over the years various rights have been defined and protected which has established a fairly clear understanding of their limits. However, recent technological and scientific advances have created many new questions regarding how and where to define our constitutional rights and their limits.
Consider these issues:
Lecture 1—Freedom and Technological Change
Consider three hypothetical cases that could confront the U. S. Supreme Court in the decades ahead: ubiquitous surveillance, designer embryos, and evidence from brain scans. Each has profound implications for privacy. Then survey the history of legal protections for privacy.
Lecture 2—Privacy and Virtual Surveillance
Examine areas where new technologies are challenging our existing ideas about constitutional protections for privacy in public places. Review reasons why the Constitution provides less protection against surveillance today than it did against the search of private diaries in the 18th century.
Lecture 3—Privacy at Home
Study the evolution of privacy in the home, which remains the place with more legal protection than anywhere else. But what does that mean in an age when our most private papers are stored not in locked desk drawers in the home but with third parties such as computer networks?
Lecture 4—Privacy on the Street
Today, police in the United States have the power to arrest and detain individuals for any crime, regardless of how minor. In this lecture survey your rights on the street, where the degree of monitoring has spread to new technologies such as speed cameras and smart parking meters.
Lecture 5—The Privacy of Travelers
In 2009, the Transportation Security Administration began using body scans as a primary screening tool at airports. What are your rights when faced with this and other security measures? Learn how to assert those rights while traveling in the United States and abroad.
Lecture 6—Privacy and National Security
Analyze the domestic war on terror in light of the Fourth Amendment's protection against unreasonable search and seizure. Begin with Perfect Citizen, a government program designed to monitor private computer networks to forestall cyber assaults. How should the courts weigh privacy rights in such cases?
Lecture 7 --Privacy in the Courtroom
The Fifth Amendment guarantee against forced self-incrimination has dwindled to a vestigial protection for suspected white-collar criminals. Suspects are now subject to procedures, such as blood tests, that can compel self-incrimination. The future holds even more intrusive technologies that rely on neuroimaging.
Lecture 8—Privacy in the Police Station
The main protection for mental privacy today is provided not by the Fifth Amendment but by the Miranda warning, given by police to suspects in custody. Investigate the origin of this safeguard and the continued problem with false confessions and faulty eyewitness testimony.
Lecture 9—Privacy in Electronic Communications
Have you ever had an email or text message go astray? Was it only embarrassing or were there more serious consequences? See how incentives in the law have led many employers to search the most private areas of the workplace, including email, as often as possible.
Lecture 10—Privacy in Cell Phones and Computers
Examine privacy protections for data stored on cell phones and computers, Also look at how the Internet is blurring boundaries between home, work, and school. For example, should school administrators be able to punish students for their social media posts that are uploaded from home?
Lecture 11 --The Internet and the End of Forgetting
With job recruiters routinely vetting candidates through Internet searches, youthful indiscretions posted online can doom a career Probe the alarming prospect that we may never be able to escape our past or reinvent ourselves in the classic American way.
Lecture 12—Follow-Me Advertising
Online Thanks to online data mining, companies can guess facts about you that you may have told no one-such as that you’re planning to get engaged or that you have a child on the way. Discover how information about you is collected, analyzed, and used, and what you can do about it.
Lecture 13—Privacy and the Body
Trace the constitutional right to privacy, invoked in two landmark Supreme Court cases: Griswold v. Connecticut in 1965 and Roe v. Wade in 1973. They dealt with contraception and abortion, respectively, but the reasoning and politics are vastly different in each. Explore the issues in depth and decide what you think.
Lecture 14—The Right to Die
The increasing sophistication of medical care raises a host of legal issues about when treatment should cease and under whose authority. Investigate the response of the courts to right-to-die cases and practical steps you can take to avoid a legal struggle when the end nears.
Lecture 15—Privacy and Sexual Intimacy in Marriage
Explore cases where the Supreme Court has been careful to not render a sweeping constitutional judgment on matters under intense public debate. Examples include eugenics and interracial marriage, which reached a national consensus several decades ago. Also look at today’s issue of gay marriage.
Lecture 16—The Constitution and Private Property
Private property has a special status in the Constitution. Study how individual property rights apply to the Second Amendment’s protection of the right to bear arms, as well as to the Privileges and Immunities Clause, the Full Faith and Credit Clause, the Copyright Clause, and the Third and Fourth Amendments.
Lecture 17—The Supreme Court and Private Property
In the first of two lectures on the Supreme Court and economic liberty, follow the court’s record in economic rights cases from the Gilded Age to the New Deal, focusing on Lochner v. New York, a 1905 case that limited the ability of government to regulate business
Lecture 18—The Roberts Court and Economic Rights
Beginning with insights from Professor Rosen’s interview with Chief Justice John Roberts, evaluate the current Court’s approach to economic rights cases, including the Citizens United case that struck down federal campaign finance laws and the Court’s decision to uphold the Affordable Care Act.
Lecture 19—Takings and Eminent Domain
What constitutes a “taking” of private property? And what constitutes a “public use"? See how the Supreme Court has struggled with interpreting the Takings Clause, culminating in one of the most controversial decisions of the modern era, Kelo v. New London, in 2005.
Lecture 20—The American Free Speech Tradition
The crowning achievement of the American free speech tradition is the principle that speech can only be suppressed when it poses an imminent threat of provoking serious lawless action. Learn how this key principle wasn’t embraced by the Supreme Court until the 20th century.
Lecture 21—From WikiLeaks to the Arab Spring
Free speech is being tested by 21st-century controversies such as WikiLeaks, a website that publishes classified information and news leaks. Study the issues raised by this phenomenon. Also investigate the role of free speech in the Arab uprisings in 2010, and examine the effort to suppress offensive speech.
Lecture 22—Google, Facebook, and the First Amendment
The gatekeepers for free speech online are not judges or legislators, but companies such as Google and Facebook, which decide what can be communicated case by case. Explore the power of these corporations, and look at the movement known as Network Neutrality.
Lecture 23—The Right to Be Forgotten
Now that online posts live forever, it is hard to escape one’s past. Learn how a proposed data-protection law in Europe seeks to guarantee “the right to be forgotten." But what are the implications for free speech if individuals and companies have a broad right to delete information that they don’t like?
Lecture 24—The Constitution in 2040
Look ahead at technological challenges to constitutional values that may arise in the coming decades. One important conclusion is that you as a citizen have an obligation to protect your own rights. Close the course with five practical tips that you can use to protect your privacy today.
Issues of privacy, free speech and property rights have evolved throughout the history of British common law and American constitutional law. Over the years various rights have been defined and protected which has established a fairly clear understanding of their limits. However, recent technological and scientific advances have created many new questions regarding how and where to define our constitutional rights and their limits.
Consider these issues:
• Google and Facebook have more power over free speech and privacy than any king, president, or Supreme Court. (The Bill of Rights doesn't apply to them because they're not the government.)The above and other issues are explored by these lectures. The following is a listing of the lecture titles with short descriptions. These descriptions are taken from The Great Courses website.
• Should people's movements and locations be tracked through GPS and surveillance cameras? (If I'm ever mugged I'd be glad to have that information available to the police)
• Should people have the right to control their identities on the Internet? (How about erasing [i.e. forget] those unflattering pictures posted in your foolish youthful years?)
• Should couples be free to use genetic engineering to design their babies? (It's one way to prevent heritable diseases.)
• Should there be restrictions on governmental power to investigate people's DNA? (If it solves a crime it is a benefit to the community.)
Lecture 1—Freedom and Technological Change
Consider three hypothetical cases that could confront the U. S. Supreme Court in the decades ahead: ubiquitous surveillance, designer embryos, and evidence from brain scans. Each has profound implications for privacy. Then survey the history of legal protections for privacy.
Lecture 2—Privacy and Virtual Surveillance
Examine areas where new technologies are challenging our existing ideas about constitutional protections for privacy in public places. Review reasons why the Constitution provides less protection against surveillance today than it did against the search of private diaries in the 18th century.
Lecture 3—Privacy at Home
Study the evolution of privacy in the home, which remains the place with more legal protection than anywhere else. But what does that mean in an age when our most private papers are stored not in locked desk drawers in the home but with third parties such as computer networks?
Lecture 4—Privacy on the Street
Today, police in the United States have the power to arrest and detain individuals for any crime, regardless of how minor. In this lecture survey your rights on the street, where the degree of monitoring has spread to new technologies such as speed cameras and smart parking meters.
Lecture 5—The Privacy of Travelers
In 2009, the Transportation Security Administration began using body scans as a primary screening tool at airports. What are your rights when faced with this and other security measures? Learn how to assert those rights while traveling in the United States and abroad.
Lecture 6—Privacy and National Security
Analyze the domestic war on terror in light of the Fourth Amendment's protection against unreasonable search and seizure. Begin with Perfect Citizen, a government program designed to monitor private computer networks to forestall cyber assaults. How should the courts weigh privacy rights in such cases?
Lecture 7 --Privacy in the Courtroom
The Fifth Amendment guarantee against forced self-incrimination has dwindled to a vestigial protection for suspected white-collar criminals. Suspects are now subject to procedures, such as blood tests, that can compel self-incrimination. The future holds even more intrusive technologies that rely on neuroimaging.
Lecture 8—Privacy in the Police Station
The main protection for mental privacy today is provided not by the Fifth Amendment but by the Miranda warning, given by police to suspects in custody. Investigate the origin of this safeguard and the continued problem with false confessions and faulty eyewitness testimony.
Lecture 9—Privacy in Electronic Communications
Have you ever had an email or text message go astray? Was it only embarrassing or were there more serious consequences? See how incentives in the law have led many employers to search the most private areas of the workplace, including email, as often as possible.
Lecture 10—Privacy in Cell Phones and Computers
Examine privacy protections for data stored on cell phones and computers, Also look at how the Internet is blurring boundaries between home, work, and school. For example, should school administrators be able to punish students for their social media posts that are uploaded from home?
Lecture 11 --The Internet and the End of Forgetting
With job recruiters routinely vetting candidates through Internet searches, youthful indiscretions posted online can doom a career Probe the alarming prospect that we may never be able to escape our past or reinvent ourselves in the classic American way.
Lecture 12—Follow-Me Advertising
Online Thanks to online data mining, companies can guess facts about you that you may have told no one-such as that you’re planning to get engaged or that you have a child on the way. Discover how information about you is collected, analyzed, and used, and what you can do about it.
Lecture 13—Privacy and the Body
Trace the constitutional right to privacy, invoked in two landmark Supreme Court cases: Griswold v. Connecticut in 1965 and Roe v. Wade in 1973. They dealt with contraception and abortion, respectively, but the reasoning and politics are vastly different in each. Explore the issues in depth and decide what you think.
Lecture 14—The Right to Die
The increasing sophistication of medical care raises a host of legal issues about when treatment should cease and under whose authority. Investigate the response of the courts to right-to-die cases and practical steps you can take to avoid a legal struggle when the end nears.
Lecture 15—Privacy and Sexual Intimacy in Marriage
Explore cases where the Supreme Court has been careful to not render a sweeping constitutional judgment on matters under intense public debate. Examples include eugenics and interracial marriage, which reached a national consensus several decades ago. Also look at today’s issue of gay marriage.
Lecture 16—The Constitution and Private Property
Private property has a special status in the Constitution. Study how individual property rights apply to the Second Amendment’s protection of the right to bear arms, as well as to the Privileges and Immunities Clause, the Full Faith and Credit Clause, the Copyright Clause, and the Third and Fourth Amendments.
Lecture 17—The Supreme Court and Private Property
In the first of two lectures on the Supreme Court and economic liberty, follow the court’s record in economic rights cases from the Gilded Age to the New Deal, focusing on Lochner v. New York, a 1905 case that limited the ability of government to regulate business
Lecture 18—The Roberts Court and Economic Rights
Beginning with insights from Professor Rosen’s interview with Chief Justice John Roberts, evaluate the current Court’s approach to economic rights cases, including the Citizens United case that struck down federal campaign finance laws and the Court’s decision to uphold the Affordable Care Act.
Lecture 19—Takings and Eminent Domain
What constitutes a “taking” of private property? And what constitutes a “public use"? See how the Supreme Court has struggled with interpreting the Takings Clause, culminating in one of the most controversial decisions of the modern era, Kelo v. New London, in 2005.
Lecture 20—The American Free Speech Tradition
The crowning achievement of the American free speech tradition is the principle that speech can only be suppressed when it poses an imminent threat of provoking serious lawless action. Learn how this key principle wasn’t embraced by the Supreme Court until the 20th century.
Lecture 21—From WikiLeaks to the Arab Spring
Free speech is being tested by 21st-century controversies such as WikiLeaks, a website that publishes classified information and news leaks. Study the issues raised by this phenomenon. Also investigate the role of free speech in the Arab uprisings in 2010, and examine the effort to suppress offensive speech.
Lecture 22—Google, Facebook, and the First Amendment
The gatekeepers for free speech online are not judges or legislators, but companies such as Google and Facebook, which decide what can be communicated case by case. Explore the power of these corporations, and look at the movement known as Network Neutrality.
Lecture 23—The Right to Be Forgotten
Now that online posts live forever, it is hard to escape one’s past. Learn how a proposed data-protection law in Europe seeks to guarantee “the right to be forgotten." But what are the implications for free speech if individuals and companies have a broad right to delete information that they don’t like?
Lecture 24—The Constitution in 2040
Look ahead at technological challenges to constitutional values that may arise in the coming decades. One important conclusion is that you as a citizen have an obligation to protect your own rights. Close the course with five practical tips that you can use to protect your privacy today.
December 5, 2020
Rosen is in love with Brandeis and liberal justices. The course is really a paean to the Liberal Supreme Court and a very slanted liberal view of privacy :He believes that prisoners have rights and should vote. Alas, that could be stomached if it had more than the typical newspaper article on the subject, but it doesn't.
There was little in the book, or course, that I did not already know. If you read the New York Times or perhaps even the LA Times, you know all that Rosen has to say. The topics in the book are freedom and technological change, privacy and virtual surveillance,
Privacy at home, the privacy of the street, the privacy of travellers. Privacy and national security, privacy in the courtroom (as you can see, he splits a topic down so much it is boring),
Follow me advertising, privacy and the body. Cell phones, free speech, WikiLeaks and the discredited Arab Spring that Obama championed and so does Rosen,
Google and Facebook btw: he hates Facebook, but his reasons are that they can find anywhere you on the web. Problem there is you can turn that off. He makes no comment about FB censoring, . the right to be forgotten, eminent domain (the only place we agreed), the future of the constituion.
There was little in the book, or course, that I did not already know. If you read the New York Times or perhaps even the LA Times, you know all that Rosen has to say. The topics in the book are freedom and technological change, privacy and virtual surveillance,
Privacy at home, the privacy of the street, the privacy of travellers. Privacy and national security, privacy in the courtroom (as you can see, he splits a topic down so much it is boring),
Follow me advertising, privacy and the body. Cell phones, free speech, WikiLeaks and the discredited Arab Spring that Obama championed and so does Rosen,
Google and Facebook btw: he hates Facebook, but his reasons are that they can find anywhere you on the web. Problem there is you can turn that off. He makes no comment about FB censoring, . the right to be forgotten, eminent domain (the only place we agreed), the future of the constituion.
March 9, 2020
The Teaching Company has to occasionally make hard decisions about general accessibility. While I was looking for something not intended for legal experts, a lot of this material felt too basic and dated to a relatively technologically savvy millennial. I concede some of this has to do with the age of the lectures. While 8 years isn't long in the tooth for many offerings from the Great Courses, it really matters here. This is overdue for an update, or at least a couple of added lectures an addendum.
What caught and kept my interest were Rosen's analysis of Supreme Court cases and legal proceedings, even though we're missing some critical years. Five stars to Jeffrey Rosen as a lecturer— his excitement about privacy law and legal precedents really shines. I enjoyed these sections immensely.
What caught and kept my interest were Rosen's analysis of Supreme Court cases and legal proceedings, even though we're missing some critical years. Five stars to Jeffrey Rosen as a lecturer— his excitement about privacy law and legal precedents really shines. I enjoyed these sections immensely.
May 5, 2017
I came for the Privacy lectures but stayed for Jeffrey Rosen's love of legal matters. He is one of the nation's foremost legal commentator's and these lectures show that. Some of his heroes have been Justices on the court and he is always sure to mention if a particular case or dissent is noteworthy in the history of the US Supreme Court.
I highly recommend it if you are interested at all in any of the three topics: privacy, property or free speech. Rosen makes it very entertaining and educational.
I highly recommend it if you are interested at all in any of the three topics: privacy, property or free speech. Rosen makes it very entertaining and educational.
September 12, 2017
This might be better for some to lesson to a lecture or 2 at a time and take breaks, but I went straight through it. It does over important things, like privacy and free speech with Facebook, NSA, homeland security, TSA - can someone fire based on what you like on Facebook? (a topic that is covered), along with freedoms like marriage, the ability to choose qualities you might want for your child in the approaching age of genetics - and that is just the tip of the iceberg.
May 4, 2017
I liked it. As most The Great Courses publications it was well done. There was very good information about cases involving privacy and free speech. I'm always fascinated by the background of certain interesting cases. He provided enough background of the cases he covered to keep me interested.
June 25, 2025
Somewhat dated because it does not include the issues involving Trump and the Obama presidency. I think it also falls away from dealing with some of the technological issues. His predictions about the future have come true to some extent. Still worth listening to.
March 19, 2017
I buy these Great Courses because many of them are interesting. I thought I'd be listening to a chapter/class every once in a while. This proved so interesting that I listened to it over the course of a couple of days. Rosen is a compelling orator. I wish I could go to one of his classes. It's the people, the why, who's and how's of the law. Never thought I would like that. Surprise. Pretty neat.
I even found myself doing extra research because one topic interested me so much. It's crazy. Fun course.
I even found myself doing extra research because one topic interested me so much. It's crazy. Fun course.
November 16, 2017
A must for everyone. I would put make it a mandatory course in highschool.
June 22, 2018
Excellent insight into current issues of privacy and the internet, free speech, and property rights.
September 14, 2018
Speaks directly to current issues in the American political experience.
June 28, 2020
Really good. Highly recommend.
Read
June 22, 2025Although parts on technology and some social matters are dated, coverage of 19th and 20th century cases on speech and privacy are engaging. I would recommend seeking out more recent texts instead.
September 24, 2016
This is a series of lectures that cover many important aspects of our legal system. Sometimes US law seems arbitrary and senseless. The author gives us a good sense of historical perspective for each of the decisions that shape our current situation. For better or for worse, our culture shapes and is shaped by legal mores. The legal jargon in this series was presented in layman's terms that are accessible to anyone who is interested in how our judicial system determines privacy, property, and free speech.
October 1, 2016
Another very good installation in the Great Courses series. I read this one right after reading "Surveillance State," and there is a lot of overlap between the two. This course focuses on the numerous challenges to Constitutional rights that are rising in the 21st century (in particular 1st and 4th amendments). Rosen does an excellent job elucidating these conflicts. He is also up front about his own stances and positions. I particularly liked the level of nuance this course explores. Sure, there are questions about the privacy of Google searches or Facebook pages. But is "liking" a Facebook page protected by free speech? If the NSA looks up your search history, is that a violation of the 4th (and possibly 5th) amendments? For those who resort to the old "What would the Founding Fathers do?", this book reveals just how different our world is than theirs. (Fortunately, the FF created this really clever way of changing the Constitution to fit changes in or society. It's like they anticipated that the country would change after they were gone. Hmmm...). Like any of the Great Courses, this will not make the reader an expert in the topic (in this case, Constitutional law), but it will provide an intelligent and articulate introduction to the field.
June 28, 2015
Jeffrey Rosen's "Privacy Property and Free Speech" is a series of 24 lectures on how the current United States legal system approaches the concepts of Privacy, Property and Free Speech. He provides a history and definition of each as well as thoughtful commentary on how the concepts and law are evolving to meet challenges such as the internet, globalization and technological advancement.
Particularly valuable, at least to me, was insight as to how the Supreme Court views and approaches cases. And why they may select or do not select cases to hear.
I found this course fascinating for many reasons. The lectures were enagingly and thoughtfully presented. The material was well chosen. Further, as a computer scientist and security specialist, I found the concept of privacy, as defined in the legal system unexpected and Professor Rosen's commentary on how it is currently evolving insightful and extremely helpful.
I have had the opportunity to hear several radio shows where Professor Rosen was on a panel. Since listening to this series of lectures I have made it a point to stop and listen to what he has to say.
Needless to say, I recommend this series.
Particularly valuable, at least to me, was insight as to how the Supreme Court views and approaches cases. And why they may select or do not select cases to hear.
I found this course fascinating for many reasons. The lectures were enagingly and thoughtfully presented. The material was well chosen. Further, as a computer scientist and security specialist, I found the concept of privacy, as defined in the legal system unexpected and Professor Rosen's commentary on how it is currently evolving insightful and extremely helpful.
I have had the opportunity to hear several radio shows where Professor Rosen was on a panel. Since listening to this series of lectures I have made it a point to stop and listen to what he has to say.
Needless to say, I recommend this series.
September 17, 2016
Provides a fascinating summary of the history of constitutional law decisions over the centuries without being partisan. Highly recommended for anyone interested in our legal system and constitutional rights.
February 7, 2017
Thorough and interesting. Reminded me of my college aged interest in the Supreme Court. Also, weird to hear a vague warning from four years ago that big data and targeted advertising could one day put people into digital bubbles...whoops
April 11, 2017
Timely and important set of lectures. Though I was familiar with a good deal of the law covered (especially later, as it came to free speech), I had not realized how incredibly eroded privacy was in other contexts or how reluctant the court is to guard privacy. Given current events (including being asked at borders for devices, social media passwords, and the like), these lectures are more relevant than ever and therefore all the more disturbing. Professor Rosen is an engaging lecturer and repeatedly stresses that you should consider the facts and policy at issue, and that you should make sure whatever reasoning you apply to one case you'd apply to another (in that often reasoning may produce a result you agree with in one case, but decry in another). A set of courses rigorous enough for lawyers, but approachable enough for lay-people.
Displaying 1 - 19 of 19 reviews