NY judge: Endless ban on speech in NSLs likely unconstitutional

[Eugene]

NY judge: Endless ban on speech in NSLs likely unconstitutional

By LARRY NEUMEISTER
Associated Press Writer

May 23, 2006, 11:09 PM EDT

NEW YORK -- A federal appeals judge warned the government on Tuesday
that the permanent ban on speech it seeks with its FBI national security
letters _ which allow it to obtain records about people in terrorism
investigations _ was probably unconstitutional.

Judge Richard Cardamone of the 2nd U.S. Circuit Court of Appeals commented
as the court acted on lawsuits challenging the government's ability to force
companies to turn over information about customers or subscribers as part
of the war on terrorism and keep quiet about it.

"While everyone recognizes national security concerns are implicated
when the government investigates terrorism within our nation's borders,
such concerns should be leavened with common sense so as not forever
to trump the rights of the citizenry under the Constitution," he said.

Alluding to a recent change in federal law, a three-judge panel including
Cardamone dismissed a Connecticut case as moot and returned a New York case
to a lower court judge to see how the new law affects it.

<snip>

Full article: http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--natlsecuritylette0523may23,0,3296584.story?coll=ny-region-apnewyork

[truthisfreedom]

1. oh, well they'll solve that with a simple 100 year ban on speech.

[struggle4progress]

2. kick

:kick: