Document Type
Article
Publication Date
2016
Abstract
Plaintiffs seeking to challenge government surveillance programs have faced long odds in federal courts, due mainly to a line of Supreme Court cases that have set a very high bar to Article III standing in these cases. The origins of this jurisprudence can be directly traced to Laird v. Tatum, a 1972 case where the Supreme Court considered the question of who could sue the government over a surveillance program, holding in a 5-4 decision that chilling effects arising “merely from the individual’s knowledge” of likely government surveillance did not constitute adequate injury to meet Article III standing requirements.
Keywords
Surveillance, Standing, Federal Courts
Publication Title
University of Pennsylvania Journal of Constitutional Law
Repository Citation
Vagle, Jeffrey L., "Laird v. Tatum and Article III Standing in Surveillance Cases" (2016). All Faculty Scholarship. 1649.
https://scholarship.law.upenn.edu/faculty_scholarship/1649
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Publication Citation
18 U. Pa. J. Const. L. 1055 (2016).