Judge Napolitano on the Patriot Act's Gag Orders

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20th Century Fox

Last week in San Francisco, U.S. District Court Judge Susan Illston held that the section of the Patriot Act that prohibits telling anyone about the receipt of an FBI agent-written search warrant and the section that requires asking and receiving the permission of the FBI before talking about the receipt of one profoundly and directly infringe upon the freedom of speech guaranteed by the First Amendment. Andrew Napolitano argues that the government has known that all along. 

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  1. Just because Congress has made a law that prohibits people from knowing they’ve been grieved doesn’t mean Congress has made a law prohibiting a petition for redress of such grievance.

    (I could be a DoJ attorney.)

    1. …or a ghostwriter for Franz Kafka (not that he needed one)?

  2. When the congress passes an unconstitutional statute, it has not made a law, it has committed a usurpation. Every once in a while, a court will even call them on it.

    -jcr

  3. Just call it a penaltax, and it will be golden. Or maybe claim it somehow has an effect upon commerce, because we all know that completely nullifies the rest of the Constitution.

  4. Where’s the article? Is it going to be all questions again? Is the Judge emulating Francis Scott Key? Is the Moon really made of cheese?

  5. Sometimes its just best to roll with the punches dude.

    http://www.PC-Privacy.tk

  6. FoxLast week in San Francisco, U.S. District Court Judge Susan Illston held that the section of the Patriot Act that prohibits telling anyone about the receipt of an FBI agent-written search warrant and the section that requires asking and receiving the permission of the FBI before talking about the receipt of one profoundly and directly infringe upon the freedom of speech guaranteed by the First Amendment.

    This sentence seems to have broken free from the writer and taken on a life of its own.

  7. New from reason: teasers for articles you can’t read.

    Think about this the next time reason complains about lack of Obama transparency.

    1. Hey, lighten up, Fist.

      It’s yet another consequence of sequestration.

      /Harry Reid

  8. Here’s the article

    It’s not that hard to link it, Reason staff!

    1. So if you are subject to one of these NSL’s you can’t even tell your lawyer? How the hell does this not get laughed out of court?

      1. You should know this by now. FUCK YOU, THAT’S WHY!

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