First Amendment

In a closely watched case, Doe v. Gonzales, United States District Court Judge Victor Marrero has declared the "gag provision" of the Patriot Act unconstitutional¹.

“… the Court concludes that § 2709(c) is unconstitutional under the First Amendment because it functions as a licensing scheme that does not afford adequate procedural safeguards, and because it is not a sufficiently narrowly tailored restriction on protected speech. Because the Court finds that § 2709(c) cannot be severed from the remainder of the statute, the Court finds the entirety of § 2709 unconstitutional. Additionally, the Court concludes that § 3511(b) is unconstitutional under the First Amendment and the doctrine of separation of powers.”--Judge Marrero, Doe v Gonzales, 04 Civ. 2614(VM)

The "gag provision" section of the Patriot Act sought to silence those receiving an extra-judicial National Security Letter (NSL), contrary to and in violation of their free speech rights.

However, we might still be required to gag, because the judge stayed his decision to give our government time to appeal, if they so desire - perhaps if we all send them our buckets of vomit they won't appeal?

Web:

• UPDATED NYT, Judge Voids F.B.I. Tool Granted by Patriot Act
• WP, Judge Rules Provisions of Patriot Act Unconstitutional
• NYT, Judge Strikes Down Part of Patriot Act
• AP, Judge Strikes Down Part of Patriot Act
• Judge Rules Feds Cannot Silence ISPs With Patriot Act

-----notes-----

1. The judge also, not so subtly provides Congress with an introductory refresher course on constitutional law.

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