Doe v. Gonzales

Background

A member of the American Library Association, identified in the record as "John Doe," together with the ACLU and ACLU Foundation, sued after the FBI sent a National Security Letter (NSL) seeking subscriber and billing information and ordered the recipient not to disclose that the FBI had sought the records. The district court issued a preliminary injunction, finding the nondisclosure rule likely unconstitutional as a broad prior restraint on speech. The Second Circuit then stayed that injunction while it hears an expedited appeal. The identity of the library member was later and inadvertently revealed on court websites and in the press.

Reasoning

The core question addressed here was whether the Circuit Justice should lift the appeals-court stay so the library group could confirm its identity publicly while the appeal proceeds. Justice Ginsburg denied the emergency application, explaining that intervention is not justified simply because one might disagree with the appeals court's balancing of harms. She emphasized respect for the Second Circuit’s expedited review, noted the seriousness of a lower court’s finding that a statutory provision is unconstitutional, and observed that the American Library Association can, in general terms, note that a member received an NSL.

Real world impact

Because the stay remains in place, the library group cannot immediately speak publicly about being the NSL recipient, even though others who learned the identity may speak. The Second Circuit will promptly decide the constitutional claims, and the final outcome could affect how and when recipients of similar government requests may discuss those requests. Legislative debate over changes to the statute is ongoing, so the issue may also be addressed by Congress.