Say goodnight to Chuck Rosenthal, who recently quit as district attorney of Texas's Harris County (that's greater Houston). This is the guy who brought the Lawrence v. Texas sodomy case and then, insisting on arguing it himself before the Supreme Court, bungled it-producing a famous victory for gay civil rights.
We can thank him for helping gays make another point, too. Rosenthal's problems stemmed from "romantic, pornographic, and racist emails found on his county computer," as one report said. And what legal precedent did Rosenthal cite as he tried to prevent exposure of those emails? Right, Lawrence v. Texas, which he said protected his privacy. I'm not making that up.
It's hard to imagine a better demonstration that civil rights for one are civil rights for all.
9 Comments for “Texas-Sized Chutzpah”
posted by Bobby on
E-mails are supposed to be private unless the recipient makes them public. Unless the court is dealing with child porn, they had no right to air those private e-mails.
posted by Pat on
Bobby, I agree. And I suppose one can make an argument that Rosenthal’s position on Lawrence v. Texas, and his current predicament isn’t inconsistent. I just find the irony that Rosenthal now wants to claim privacy.
posted by ColoradoPatriot on
These emails weren’t on his private computer, but on one owned by the people of Texas. He has no reason to claim that his privacy was invaded. The courts have found time and again that governments and private companies have every right to monitor their employee’s electronic behavior.
posted by Bobby on
Colorado, you’re right if it was a company account, but if it’s an e-mail ending in yahoo.com or hotmail.com, then it’s private even if he checks his e-mails at work.
The corporation can have the keystroke software which record every word you write however. Personally, I always write with a pseudonym, it’s safer.
posted by Richard on
The major thrust — if you will — of the post was that a man who steadfastly opposed the existence of privacy in the constitution is now hanging onto it for dear life.
Although it is interesting, how even some libertarians — Ron Paul — oppose the right to privacy.
posted by Bobby on
“steadfastly opposed the existence of privacy in the constitution ”
–Actually, he opposed the idea that same-sex behavior was a private matter. Privacy is subjective, some consider abortion to be a private matter, while others see it as a matter of the state.
The irony is that privacy is being eroded. What about those companies that force you to take drug tests? Or the ones that force you to take tobaco tests even if you don’t smoke at work? IF you work at Weyco and you have a spouse who smokes, he or she is required to visit Weyco and take a health test, or else you lose your job.
In many states there are video cameras monitoring traffic, in New York they monitor pedestrians. Sometimes newspapers gather data of who bought a gun legally and they publish that information. Then you have companies that set up keystroke software to monitor what you’re typing at work.
In college I remember teachers forcing students to introduce themselves in front of everyone, to tell the class something about themselves. I always felt that was a violation of privacy.
posted by Brian Miller on
Privacy is something to be protected and something that requires constant struggles to preserve — both legally and in everyday life.
It is hilarious that the Texas AG believed that racy e-mails and porn downloaded on a state computer over a state internet connection were “private,” but that the consensual sexual relations of a gay couple in the privacy of their own home were kick-down-the-door matters of state importance.
It just goes to underscore the hypocrisy of most of “our” government hacks these days.
posted by RIchard on
But, the Constitution rarely directly protects us against private entities or citizens.
Thus a Constitutional right to privacy means protection against government/public entities and actions.
posted by Brian Miller on
But, the Constitution rarely directly protects us against private entities or citizens.
That’s what criminal and civil law are for.
If someone invades your privacy through trespass or fraud, you can sue them — and often also get them prosecuted.