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ACLU Pushes for Lift on Gag Order in Patriot Act CaseIn an emergency hearing August 31, Judge Janet C. Hall heard arguments in U.S. District Court in Bridgeport, Connecticut, on whether to lift a gag order preventing an unnamed library in the state—which together with the American Civil Liberties Union filed a lawsuit August 9 challenging an FBI demand for its user records—from identifying itself as the recipient of a national security letter under the USA Patriot Act.The ACLU argued that the gag order violated the library’s constitutional right to free speech and asked that it be lifted so the client could participate in the debate over the Patriot Act’s renewal when Congress considers its reauthorization bills, the New York Times reported September 1. Although the hearing was expected to take place behind closed doors, Judge Hall insisted it be held in open court. The unnamed plaintiff was not present in the courtroom but could monitor the discussion through an electronic hookup, the judge said. Hall also ordered a number of previously sealed legal papers to be made public, including three affidavits—one filed by an unnamed librarian representing the client in the case—and a legal brief, the ACLU announced in a September 1 press release. “I believe that members of the public have a right to know that their library records are subject to what I believe are unconstitutional government searches,” said the unnamed representative. “Because of the gag, I am afraid that if I publicly discuss the NSL power I will subject both [name redacted] and myself to serious sanctions, including possible imprisonment.” The judge is expected to rule on the gag order issue within the following week, according to the September 2 Times. Posted September 2, 2005. |
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