Hello again! The other Supreme Court justices and I have just received a new case between the US and the Associated Press. This is an interesting case – let me share some details of it with you. There was a lawsuit filed by the Electronic Frontier Foundation for AT&T customer Carolyn Jewel against the NSA for illegal and unconstitutional surveillance on personal communication. However, on Jan. 21, 2010, the case was dismissed because there wasn’t enough evidence. Then, on Dec. 29, 2011, the Ninth Circuit Court of Appeals reopened the case. An NSA whistleblower then stepped forward and said that the NSA was, in fact, purposefully spying on U.S. citizens. As a consequence, a defense contractor and former CIA employee named Edward Snowden gave The Guardian evidence that the US government has a mass internet surveillance program called PRISM. Just before Snowden released this, the Washington Post made a report that the Justice Department had secretly gotten two months of phone records for journalists and editors at the Associated Press. It’s safe to say the AP wasn’t thrilled, to say the least – they called it a “massive and unprecedented intrusion” into news gathering and filed a suit against the government. So now it’s the job of me and my fellow justices to decide whether or not the AP is correct that this is an unconstitutional intrusion of privacy or if the government is correct that this must occur for national security reasons.
I have always fought for and believed in the right to privacy. In the 1991 case US Department of State v. Ray, I believed that the privacy of Haitian deportees outweighed the advantages of attorneys who wanted to see they were mistreated upon return to Haiti and any public benefit that may come out of it – I even wrote the majority opinion on that case. And in Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County, I disagreed with the court’s decision to uphold the law that requires citizens to provide officers their names when asked and said that people’s identities are protected information. Based on my previous rulings, I am inclined to vote in favor of the Associated Press that the government has overstepped their bounds – and the Constitution.
Sources
http://epic.org/privacy/justice_stevens.html
http://www.rcfp.org/federal-open-government-guide/major-us-supreme-court-foia-cases
http://www.oyez.org/cases/2000-2009/2003/2003_03_5554