Monday, September 12, 2005

Patriot Act Gag Order Lifted

From the Washington Post: "For the second time since the USA Patriot Act broadened the FBI's power to demand private records in secret, a federal judge ruled yesterday that it is unconstitutional for the government to impose an automatic and permanent ban on public disclosure of any case in which it uses that power.

"U.S. District Judge Janet C. Hall found that the statutory gag order, invoked every time the FBI uses a 'national security letter' to demand information in terrorism or espionage cases, violated the First Amendment rights of a Connecticut library consortium that is refusing to cooperate with the FBI. The consortium, known in court papers thus far as 'John Doe,' wants to identify itself and make public its opposition to use of such letters against library patrons."

Judge Hall stayed her order until September 20th in order to give the government an opportunity to appeal the decision. The ACLU has posted the "public version" of the judge's order on their website.

A previous post about this lawsuit appeared on this blog on August 26, 2005.

Source: "Court Vacates an FBI Gag Order." Washington Post September 10, 2005.

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