[Below is another guest piece by my altered-ego D.L. If you'd like to read more, see link below. Best, Harry]
A debate is underway between the FBI and Internet carriers like Apple about whether the right to privacy, guaranteed, we thought, by the Fourth Amendment, should be protected by encryption that even the carrier cannot read, let alone an intelligence agency. This is a perfect case for opponents of old school Fourth Amendment privacy laws because protected material can be stored on a terrorist's cell phone, a formulation conducive to public acceptance of the government's right to snoop.
In contrast, the First Amendment, supposed to protect us from censorship, is weakened by something different, and surprising.