Judge blocks secret searches
A federal judge ruled that a surveillance provision of the Patriot Act violates the First and Fourth amendments.
smccaffrey@krwashington.com
WASHINGTON - A federal judge on Wednesday ruled that a portion of the Patriot Act is unconstitutional, the first time one of the antiterrorism law's controversial police surveillance provisions has been struck down.
U.S. District Court Judge Victor Marrero held that so-called national security letters -- which allow the FBI to demand that certain businesses hand over customer records without a judge's approval and without telling anyone -- violate the First and Fourth amendments.
In a 122-page ruling, Marrero said that personal security is equally as important as national security.
''Sometimes a right, once extinguished, may be gone for good,'' the New York judge wrote.
The American Civil Liberties Union had filed the lawsuit challenging ''national security letters'' on behalf of an Internet firm referred to only as John Doe. The group hailed the decision Wednesday as a ``landmark.''
''It's a stunning victory against the Ashcroft Justice Department,'' ACLU executive director Anthony Romero said. A Justice Department spokesman said Marrero's decision is being reviewed.
National security letters are one of the more
Full story: http://www.miami.com/mld/miamiherald/news/9796868.htm
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