The Supreme Court has reaffirmed Miranda (via Glenn Reynolds) with a nine-to-zero vote.
There’s no word about concurrences,* but I’m frankly surprised that at least one conservative justice didn’t peel away from the pack. Although the Miranda warnings have infiltrated US popular culture, they’re really not part of the Constitution. Indeed, the Miranda Court itself suggested that communities might be able to opt-out of the Miranda warnings, so long as they replaced those warnings with other, equivalent measures. (What form those measures could take, it didn’t say.)
UPDATE: A federal District Judge has declared unconstitutional a portion of the USA Patriot Act that bars giving expert advice or assistance to groups designated international terrorist organizations.
The Humanitarian Law Project, which brought the lawsuit, said the plaintiffs were threatened with 15 years in prison if they advised groups on seeking a peaceful resolution of the Kurds’ campaign for self-determination in Turkey.
The judge’s ruling said the law, as written, does not differentiate between impermissible advice on violence and encouraging the use of peaceful, nonviolent means to achieve goals.
The decision on the Patriot Act seems about right to me. (As for the Supreme Court’s decision, well, I’ve never been particularly fond of Miranda . . . .)