Right of Access Needed in Foreign Intelligence Surveillance Courts
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Supreme Court in American Civil Liberties Union v. United States. The brief supports a petition for a writ of certiorari in this case. This case concerns the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review (FISCR) and whether they have jurisdiction to hear right-of-access applications from members of the press and the public. It also examines whether there is a First Amendment right of access to opinions and orders of the FISC containing novel or significant interpretations of law. The amicus brief agrees with the cert petition that the FISC and FISCR erred in holding they lack jurisdiction to hear right-of-access motions and that there is no First Amendment right of access as outlined above.