A federal appeals court today upheld, in part, a decision striking down provisions of the Patriot Act that prevent national security letter (NSL) recipients from speaking out about the secret records demands. The decision comes in an American Civil Liberties Union and New York Civil Liberties Union lawsuit challenging the FBI's authority to use NSLs to demand sensitive and private customer records from Internet Service Providers and then forbid them from discussing the requests. Siding with the ACLU, the U.S. Court of Appeals for the Second Circuit found that the statute's gag provisions violate the First Amendment.

"We are gratified that the appeals court found that the FBI cannot silence people with complete disregard for the First Amendment simply by saying the words 'national security,'" said Melissa Goodman, staff attorney with the ACLU National Security Project. "This is a major victory for the rule of law.