Requests for Non-Disclosure Orders Require Strict Scrutiny
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Second Circuit in Microsoft Corp. v. U.S. In 2019, Microsoft challenged a government order under the Stored Communications Act prohibiting the company from telling anyone that it had received a search warrant for the e-mail accounts of two employees of a Microsoft client company. A magistrate judge denied Microsoft’s request to notify the company’s officials. A federal district court judge upheld the “gag order,” and Microsoft then appealed to the Second Circuit. The brief urges the Second Circuit to hold that courts must apply strict scrutiny to government requests for Sec. 2705(b) non-disclosure orders. Strict scrutiny is necessary to protect the critical First Amendment interests raised by searches of the virtual newsroom.