Doe v. Gonzales

John Doe was the recipient of a National Security Letter (NSL) that requested all information associated with one of his Connecticut library's computers.

§ 2709 imposed a gag order on the recipients so they could neither inform anyone of receiving the letter, nor act as witnesses.

[10] The New York Civil Liberties Union (NYCLU) and ACLU returned to court in the Southern District of New York on Aug. 15, 2007, arguing that the amended law was unconstitutional because it impermissibly narrowed judicial authority in violation of the separation-of-powers principle and the First Amendment.

On March 19, 2008, the ACLU and the Electronic Frontier Foundation (EFF) filed Amicus briefs[12] at the Second Circuit Court of Appeals arguing that the modifications made in the 2007 USA PATRIOT act are unconstitutional and should be struck down.

[13] Oral argument was heard on August 27, 2008, and on December 15, 2008, the Second Circuit issued its opinion affirming that the nondisclosure rules (the "gag order") were constitutional.