Under Seal v. Sessions

The nondisclosure requirement in 18 U.S.C. 2709 is a content-based restriction on speech that is subject to strict scrutiny, and the nondisclosure requirement withstands such scrutiny. In this case, petitioners challenged the law authorizing the FBI to prevent a recipient of a national security letter (NSL) from disclosing the fact that it has received such a request. Applying strict scrutiny, the Ninth Circuit held that national security is a compelling government interest and the nondisclosure requirement of section 2709(c) is narrowly tailored to serve that compelling interest. Assuming the nondisclosure requirement is the type of prior restraint for which the Freedman v. Maryland, 380 U.S. 51 (1965), procedural safeguards are required, the NSL law provides those safeguards. Therefore, the nondisclosure requirement in the NSL law does not run afoul of the First Amendment. View "Under Seal v. Sessions" on Justia Law