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ASNE joins brief regarding NSL's violation of First Amendment rights

 
ASNE joined a brief in support of the first person ever to convince a court that his or her First Amendment rights were being violated via the "gag order," which accompanies a National Security Letter (NSL). 

ASNE joined a brief in support of the first person ever to convince a court that his or her First Amendment rights were being violated via the "gag order," which accompanies a National Security Letter (NSL). 


If you weren't already aware, an NSL is sometimes referred to as an "administrative subpoena" because it is issued not by a court of law but by an executive branch agency. NSLs have been used extensively by federal agencies, most frequently the FBI, since 9/11 to obtain information from and about citizens and companies. NSLs are almost always accompanied by a gag order, which not only prevents the subject or recipient from discussing the contents of the NSL (i.e., what the government is requesting), but also that the NSL was received at all.

 

Nick Merrill received such an NSL, with accompanying gag order, in 2004. He successfully sued to allow himself to publicly say he had received an NSL and is now suing again for the right to speak about the contents of the NSL. Our brief, drafted by the Reporters Committee for Freedom of the Press and filed in the United States District Court for the Southern District of New York on March 18, argues that preventing the subjects and recipients of an NSL from revealing the letter's contents violates the press' and public's First Amendment right to receive information on matters of public concern.

 

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