Michael Linhorst

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Michael Linhorst is a third-year student at Harvard Law School. He previously covered New Jersey state government for The Bergen Record.

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In Rare En Banc Session, Surveillance Court to Reconsider Whether ACLU Can Seek Release of Documents

All 11 judges on the Foreign Intelligence Surveillance Court will rehear an ACLU claim that it has standing to assert a First Amendment right to see FISC decisions upholding the government’s bulk data collection program.

The hearing appears to be just the second time in the FISC’s history that it has publicly stated that it will meet en banc (it is unclear whether it has held secret en banc sessions).

First Amendment

FISC Rejects Claim That Public Has a First Amendment Right to Court Decisions About Bulk Data Collection

Citizens do not have a First Amendment right to read the full court decisions that support the legality of the NSA’s bulk data collection program, the Foreign Intelligence Surveillance Court concluded in an opinion issued on January 25th.