Librarian Ungagged in Patriot Act Decision, Stayed for Appeal

Saw this in the New York Times, among other places. The United States District Court for Connecticut, in Doe v. Gonzalez, ruled today in favor of a librarian's motion for preliminary injunction, finding both a substantial likelihood of success on the merits and irreparable harm. The librarian had received a "national security letter" (NSL) which invoked 18 U.S.C. § 2709 barring disclosure that the FBI had requested information. The librarian sued on constitutional grounds. The FBI argued that the gag order was necessary to avoid tipping off targets of their investigation. The ACLU argued that it infringed on free speech, because the librarian could not participate in the USA Patriot Act discussion if gagged by the FBI's letter.

The judge allowed the FBI to present classified information for ex parte review by the court. This had been opposed by the ACLU on due process grounds.

The ruling is stayed until September 20, to allow the FBI an opportunity for an expedited appeal.