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Judge: Parts of Patriot Act Unconstitutional

Revised legislation violates separation of powers, 1st Amendment

By Wesley Oliver,  Newser Staff

Posted Sep 6, 2007 4:03 PM CDT
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(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.”

This Phone Is Tapped
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 before the committee. (AP Photo/Dennis Cook)
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
Justice Dept Finds FBI Abuse Of Patriot Act Provision   (Getty Images)
Anarchists Rally Against The System During DNC in Boston
Anarchists Rally Against "The System" During DNC in Boston   (Getty Images)
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More on the reasoning behind the decision
CNET

A look at the court's concerns about the FBI
Wired

More background on the case and the FBI's own NSL numbers
Washington Post

Go to the source

Text of the 106-page decision (PDF)
ACLU

Background

Third time will have to be the charm for Patriot Act
US News & World Report

ACLU: Patriot Act subverts free speech, judicial review
Associated Press

US

 
Congress • FBI • privacy • ACLU • Patriot Act • US Constitution • civil liberties • search and seizure • constitutional law

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