Doe v. Gonzales
Encyclopedia
John Doe
v. Alberto R. Gonzales, was a case in which the American Civil Liberties Union
(ACLU) along with the Library Connection and some librarians challenged Section 2709 of the Patriot Act. 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.
In September 2004, Judge Victor Marrero
of the United States District Court for the Southern District of New York struck down the NSL provisions of the USA PATRIOT Act
.
The government appealed the case to the United States Court of Appeals for the Second Circuit
.
Justice Ruth Bader Ginsburg
, a Justice of the Supreme Court of the United States
acted as a single Circuit Justice for this case. She ruled against vacating the stay imposed by the Court of Appeals of the Second Circuit upon the Federal District Court’s preliminary injunction.
Nearly a year later, the government dropped its demands and allowed the release of the NSL. The ACLU and Library Connection regarded the government’s withdrawal as a victory for all library users who valued their privacy
The case was dismissed as moot.
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
. Judge Marrero agreed and struck down the NSL provision of the amended law. The government appealed the decision and that appeal is pending in the Second Circuit. Oral argument was heard on August 27, 2008. This case was originally filed as Doe v. Ashcroft.
On March 19, 2008, the ACLU and the Electronic Frontier Foundation
(EFF) filed Amicus briefs 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.
The librarians were awarded the 2005 Robert B. Downs Intellectual Freedom Award, by the American Library Association
.
John Doe
The name "John Doe" is used as a placeholder name in a legal action, case or discussion for a male party, whose true identity is unknown or must be withheld for legal reasons. The name is also used to refer to a male corpse or hospital patient whose identity is unknown...
v. Alberto R. Gonzales, was a case in which the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
(ACLU) along with the Library Connection and some librarians challenged Section 2709 of the Patriot Act. John Doe
John Doe
The name "John Doe" is used as a placeholder name in a legal action, case or discussion for a male party, whose true identity is unknown or must be withheld for legal reasons. The name is also used to refer to a male corpse or hospital patient whose identity is unknown...
was the recipient of a National Security Letter
National Security Letter
A National Security Letter is a form of administrative subpoena used by the United States Federal Bureau of Investigation and reportedly by other U.S. Government Agencies including the Central Intelligence Agency and the Department of Defense. They require no probable cause or judicial oversight...
(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.
In September 2004, Judge Victor Marrero
Victor Marrero
Victor Marrero is a United States federal judge appointed to the United States District Court for the Southern District of New York by President Bill Clinton in 1999...
of the United States District Court for the Southern District of New York struck down the NSL provisions of the USA PATRIOT Act
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
.
The government appealed the case to the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
.
Justice Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
, a Justice of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
acted as a single Circuit Justice for this case. She ruled against vacating the stay imposed by the Court of Appeals of the Second Circuit upon the Federal District Court’s preliminary injunction.
Nearly a year later, the government dropped its demands and allowed the release of the NSL. The ACLU and Library Connection regarded the government’s withdrawal as a victory for all library users who valued their privacy
The case was dismissed as moot.
The New York Civil Liberties Union
New York Civil Liberties Union
The New York Civil Liberties Union is an civil rights organization in the United States. Founded in 1951 as the New York affiliate of the American Civil Liberties Union, it is a not-for-profit, nonpartisan organization with nearly 50,000 members across New York State.NYCLU's stated mission is to...
(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
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. Judge Marrero agreed and struck down the NSL provision of the amended law. The government appealed the decision and that appeal is pending in the Second Circuit. Oral argument was heard on August 27, 2008. This case was originally filed as Doe v. Ashcroft.
On March 19, 2008, the ACLU and the Electronic Frontier Foundation
Electronic Frontier Foundation
The Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...
(EFF) filed Amicus briefs 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.
The librarians were awarded the 2005 Robert B. Downs Intellectual Freedom Award, by the American Library Association
American Library Association
The American Library Association is a non-profit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with more than 62,000 members....
.
External links
- "Doe v. Holder : Internet Service Provider's NSL", ACLU
- "USA PATRIOT Act: Doe v. Gonzales", American Library Association
- Doe v. Gonzales: Fighting the FBI's Demand for Library Records - Statement of George Christian
- Doe v. Gonzales: Fighting the FBI's Demand for Library Records - Statement of Barbara Bailey
- THOUGHTS FROM A LIBRARY ADMINISTRATOR
- US District Court Connecticut 090905 JCH.Doe
- Jameel Jaffer testimony, National Security Letter Reforn Act, April 15, 2008