Wednesday, June 17, 2015

Should A Secret Security Court Make Freedom Of Speech Decisions?

Can a case about the freedom of speech be resolved in a secret court? In a widely publicized case, Twitter sued the Obama administration in a federal district court in California. The company wished to release a transparency report relating to the user information it is forced to turn over to the government under various surveillance collection programs, including the Foreign Intelligence Surveillance Act (Fisa) and the National Security Letter statutes. The government’s preferred venue for resolving Twitter’s First Amendment claim, though, resembles a black box more than an American court. According to the government, the Fisa court in Washington, DC should adjudicate Twitter’s constitutional claim about its right to speak.


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