Court of Appeals upholds unconstitutionality of Patriot Act’s National Security Letter provision

Let our journalists help you make sense of the noise: Subscribe to the Mother Jones Daily newsletter and get a recap of news that matters.


A federal appeals court ruled Wednesday on two challenges to the National Security Letter provision of the USA Patriot Act filed by the American Civil Liberties Uniion. Two different lower courts found the provision to be unconstitutional, and the ACLU argued that recent amendments to the law have made it even less democratic.

Using the NSL provision of the USA Patriot Act, the FBI can demand a range of personal records–email messages, visited websites, library records–without seeking court approval. In addition, the law puts an automatic gag on anyone whose records are gathered by the FBI.

One of the cases brought to the Second Circuit Court of Appeals is from New York, and concerns an anonymous Internet Service Provider who challenged the NSL provision after the FBI demanded records. The other case was from Connecticut, where librarians challenged the provision for not permitting them to disclose their identities.

In 2004, Judge Victor Marrero struck down the NSL statute, and the Court of Appeals upheld his decision. Wrote Judge Richard Cardamone:

A ban on speech and a shroud of secrecy in perpetuity are antithetical to democratic concepts and do not fit comfortably with the fundamental rights guaranteed American citizens…. Unending secrecy of actions taken by government officials may also serve as a cover for possible official misconduct and/or incompetence.

Judge Cardamone added that national security concerns “should be leavened with common sense so as not forever to trump the rights of the citizenry under the Constitution.”

The court also lifted the gag that was put on the Connecticut librarians.

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate