The ruling was good for e-mail users; Warshak hoped it would be good for him, too. But although his constitutional rights had indeed been violated by the investigation, the court declined to overturn the verdict. Noting that most of the evidence actually presented at trial came from the physical raid on Berkeley headquarters rather than from the e-mails, and that the search warrant application had not used the e-mails as evidence, the court called the violation in Warshak's specific case "mostly harmless."
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But when the Supreme Court took the case, it gutted this logic. "The Fourth Amendment protects people, not places," wrote Justice Potter Stewart for the majority. "What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." He went on: "No less than an individual in a business office, in a friend's apartment, or in a taxicab, a person in a telephone booth may rely upon the protection of the Fourth Amendment. One who occupies it, shuts the door behind him, and pays the toll that permits him to place a call is surely entitled to assume that the words he utters into the mouthpiece will not be broadcast to the world. To read the Constitution more narrowly is to ignore the vital role that the public telephone has come to play in private communication."
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