Constitutional Challenge to Patriot Act Survives Dismissal Motion
(October 4th, 2006 under Announcements)
Three years after an initial challenge to the constitutionality of the Patriot Act was field, a Judge has ruled that the case may proceed. Legally, the government filed a motion to dismiss the challenge which was denied, thus allowing the case to proceed. The underlying case (which was not ruled on by the Court today) seeks to set aside as unconstitutional that portion of the Patriot Act which allows the government to see and use private information without probable cause.
Here is a quote from the Associated Press article as printed in the NY Lawyer:
"It was the first legal challenge to the part of the Patriot Act that let agents obtain such things as library lists and medical information.
The ACLU contended Section 215 of the Patriot Act, which allows the FBI access to any "tangible things" such as books and documents through an order from a secret court, does not require investigators to show probable cause.:
Here is a link to the New York Lawyer article:
http://www.nylawyer.com/display.php/file=/news/06/10/100406cc
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Mike
This entry was posted
on Wednesday, October 4th, 2006 at 3:48 pm and is filed under Announcements.