Despite Mixed Legacy, Kennedy’s Departure May Mark Major Shift in Privacy Policy Mutchler Lyons partner Terry Mutchler sees a bleak path forward for freedom of speech and transparency in a post-Kennedy court. “For me as a First Amendment lawyer, I felt like there was an earthquake under my feet,” Mutchler said.

“The practical reality is that Justice Kennedy stood in the breach between the First Amendment and the loss of significant privacy, both in terms of privacy, the digital age, the internet. I think that basically, we need a legal Richter scale to measure the consequence of this, and I don’t think that’s an overstatement,” she added.