In a victory for civil liberties, the United States Court of Appeals for the Second Circuit has struck down provisions of the Patriot Act that prevent people from disclosing that they have received national security letters.
The gag order provision has long been challenged by civil liberties groups as unconstitutional but both Democrats and Republicans voted for it. The Court held that the government has the burden to justify such gag orders and struck down limitations on judicial review. For a copy of the opinion, click here.
The lawsuit was filed in 2004 after an Internet Service Provider (ISP) received an NSL and the ACLU is still being prevented from disclosing its client’s identity.
The ruling upholds the lower court opinion of Judge Victor Marrero of the U.S. District Court for the Southern District of New York. For a copy of his opinion, click here.
For the statement from the ACLU, click here.