> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
It says nothing directly about privacy, for or against, let alone surveillance dragnets. I would contend it strongly implies in fact laws should protect and also not chill your ability to:
- go to and from a place of worship - go to and from a peaceful assembly - conduct free speech activities - conduct press/journalism - petition the government
If anything, the existing framework of laws implies a gap, that data should not be able to be hoovered up without prior authorization, since the existence of such a dragnet with a government possibly adversarial to certain political positions (e.g. labeling "AntiFa" terrorists) has quite the chilling effect on your movement and activity. US vs Jones (2012) ruled a GPS tracker constitutes a 4th Amendment search. If I have no phone on me, and a system is able to track my location precisely walking through a city, does it matter if the trace emitted by that black box is attached to me physically, or part of a distributed system? It's still outputting a dataframe of (timestamp, gps) over a huge area.
> It says nothing directly about privacy, for or against
Freedom of the press is directly related to privacy: if I can see something in public as a private citizen, I can report on it, and you may not create any laws abridging this.
I'm not commenting on surveillance dragnets or how the government uses the data or if the government is prohibited from using it by statute or case law - the First Amendment doesn't apply there (Fourth and Fifth do.)