National Security Letters Held Unconstitutional
Posted: Fri Mar 15, 2013 3:55 pm
http://www.wired.com/threatlevel/2013/0 ... itutional/
I tried to access the Court's ruling through the federal court's file access system (PACER), but it tells me that the "Case is Under Seal."
Still, this looks like a big win against the Last-Refuge-of-a-Scoundrel Act.
The ruling appears to be based on the First Amendment, that the automatic gag order and the breadth of information available violate the communications provider's rights to free speech and association. The Court apparently did not rule (I don't think the issue was before it) that the Fourth Amendment prohibits the government from gathering such information without a warrant. That's too bad.
I tried to access the Court's ruling through the federal court's file access system (PACER), but it tells me that the "Case is Under Seal."
Still, this looks like a big win against the Last-Refuge-of-a-Scoundrel Act.
The ruling appears to be based on the First Amendment, that the automatic gag order and the breadth of information available violate the communications provider's rights to free speech and association. The Court apparently did not rule (I don't think the issue was before it) that the Fourth Amendment prohibits the government from gathering such information without a warrant. That's too bad.