Author: José Mauro Decoussau Machado
Citing the First Amendment, the Second Circuit invalidated provisions of the Patriot Act that permit the FBI to impose a nondisclosure requirement on National Security Letters without having to seek judicial review. The court also declared unconstitutional provisions that consider as conclusive a governmental official’s certification that disclosure may endanger the national security of the United States or interfere with diplomatic relations.
Published in Tuesday, February 24, 2009, Volume 6, No. 3