The Second Circuit Court of Appeals found:
Yesterday, the appeals court found that this scheme violated the First Amendment. The appeals court held that it is the government that must go to court and justify silencing NSL recipients. The appeals court also invalidated parts of the statute that narrowly limited judicial review of the gag orders.http://www.blogger.com/img/blank.gif The court emphasized the importance of independent judicial review of executive branch gag orders, stating: “The fiat of a governmental official, though senior in rank and doubtless honorable in the execution of official duties, cannot displace the judicial obligation to enforce constitutional requirements. ‘Under no circumstances should the Judiciary become the handmaiden of the Executive.’” The appeals court also ruled that the government must now justify the gag on the John Doe NSL recipient in the case, a gag that has been in place for more than four years.
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