A federal court has struck down part of the Patriot Act.
U.S. District Judge Victor Marrero today stated that a section of the updated USA PATRIOT ACT "offends the fundamental constitutional principles of checks and balances and separation of powers," and struck down the provision in the law allowing the government to secretly obtain personal records, the Associated Press reports.
Marrero ruled that the National Security Letter provision of the Act, permitting the FBI to demand the private information and then gag those who received the order, violated the the 1st amendment to the Constitution protecting free speech and also threatened separation of powers. "In light of the seriousness of the potential intrusion into the individual's personal affairs and the significant possibility of a chilling effect on speech and association - particularly of expression that is critical of the government or its policies - a compelling need exists to ensure that the use of NSLs is subject to the safeguards of public accountability, checks and balances, and separation of powers that our Constitution prescribes," Marrero wrote.
If the ruling is to be upheld, such NSLs must be subjected to full judicial review.
Tick up one for the Constitutiton.Labels: Patriot Act, U.S. Constitution |
