The disappearance of a fundamental right has given rise to a new era of mass surveillance, policing, and harassment.
: “The thought that an American can be compelled to ‘show his papers’ before exercising his right to walk on the streets, drive the highways or board the trains is repugnant to the American institutions and ideals.”
Despite its prominence for centuries, this right began to disappear in the past century. The Supreme Court, beginning in the 1980s, developed a far more expansive conception of private property, holding in a series of cases that the right to exclude others from private land was “essential” to the concept of private property.
Contributing to the demise of the right to free movement was the court’s eventual surrender to bombastic arguments about the fragility of security in public spaces in the age of new technologies. Leaving behind carriages, coaches, and buggies for automobiles, buses, and motorcycles came at a price for the freewheeling commuter. The police force in America first experimented with interrupting traffic to conduct warrantless search of automobiles during the prohibition era.
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