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Monday, March 21, 2011

Standing. The Second Circuit has reversed the District Court's grant of summary judgment to the Government in a case involving the constitutionality of a provision of the Foreign Intelligence Surveillane Act of 1978, which provides the Government unregulated authority to monitor international communications. The action had been brought by attorneys, journalists, and labor, legal, media and human rights organizations, who had reason to believe that their international communications might be monitored. The District Court held that the plaintiffs did not have standing to bring the action. The Second Circuit reversed, holding the because the plaintiffs have reason to fear that they will be injured by the statute and that they have incurred expenses to avoid such injury, they have standing to bring the action. The Court did not address the merits of the action.

The decision in Amnesty International USA v. Clapper can be found here.

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