Trump v. Barbara · ¶146
In Fourth Amendment cases, for example, courts apply the reasonableness requirement to searches of cars even though cars did not exist in 1791 or 1868. See, e.g., Carroll v. United States, 267 U. S. 132 (1925). In First Amendment cases, courts apply free speech protections to the Internet notwithstanding that the Internet did not exist in 1791 or 1868. See, e.g., Moody v. NetChoice LLC, 603 U. S. 707, 733–734 (2024). In Second Amendment cases, this Court applies the Amendment to semi-automatic handguns even though those did not exist in 1791 or 1868. Cf. District of Columbia v. Heller, 554 U. S. 570, 628–629 (2008). From the other direction, moreover, this Court recognizes constitutional exceptions based on new circumstances when the new exception is relevantly similar to those exceptions that existed in 1791 or 1868. This Court’s constitutional precedents do not treat the 1791 or 1868…Read in context ›
slip opinion, revised 7/01/26
Source edition
Passage preview. Read in context for the complete text, notes and references.