I am sympathetic to the point made by some readers and other concerned commentators that the Supreme Court’s 1979 Smith v. Maryland case was decided before the telecommunications revolution, and that different considerations should now apply because it is so much easier for government to spy and otherwise invade out privacy. But on that same logic, it’s worth noting that Smith was decided only five years after President Nixon was forced to resign in a scandal that involved allegations of enemies lists and spying on political opponents. It was also decided only three years after the final Church Committee reports on domestic spying. The justices may not have been aware of modern telecom technology, but it is hard to imagine a time when the potential of government abuse of power was more on the front of people’s minds.