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The court finds that NSL’s gag order provision, 18 U.S.C. 2709(c), violates the First Amendment on its face because it applies “in every case, to every person, in perpetuity, with no vehicle for the ban ever to be lifted from the recipient or other persons affected under any circumstances, either by the FBI itself, or pursuant to judicial process.” The court also finds that the NSL statute violates the Fourth Amendment because it has the effect of “authorizing coercive searches effectively immune from any judicial process[.]” Enforcement of the judgment is stayed pending appeal
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Timeline Date:
Tuesday, September 28, 2004 (All day)
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