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July 5, 2008 7:25:50 PM CDT

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Judge: Parts of Patriot Act Unconstitutional

Posted Sep 6, 07 4:03 PM CDT in US    Editor's Choice

(Newser) – The Patriot Act violates the Constitution by allowing unreasonable searches and seizures, violating separation of powers, and denying free speech, a federal judge ruled today in striking down parts of the revised legislation. Judge Victor Marrero said investigators must obtain court approval before ordering ISPs and phone companies to turn over confidential information without notifying customers, the AP reports.

Marrero said the Patriot Act still “offends fundamental constitutional principles,” even though Congress revised it in 2005 to allay concerns that it granted the FBI sweeping powers without a judge’s approval. The ACLU challenged the law and Marrero agreed, writing that it “reflects an attempt by Congress and the executive to infringe upon the judiciary’s designated role under the Constitution.”

Source Associated Press

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Background
This Phone Is Tapped   ((c) Karmalize)
In this April 5, 2005, file photo, FBI Director Robet Mueller testifies on the reauthorization of the Patriot Act before the Senate Judiciary Committee on Capitol Hill. Mueller was to testify Tuesday...   (Associated Press)
Justice Dept Finds FBI Abuse Of Patriot Act Provision   (Getty Images)
Anarchists Rally Against "The System" During DNC in Boston   (Getty Images)
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Congress  • FBI  • privacy  • ACLU  • Patriot Act  • constitutional law  • civil liberties  • US Constitution  • search and seizure


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