U.S. Supreme Court,
Constitutional Law
Nov. 9, 2021
High court mulls Orange County state secrets lawsuit
The case revolves around a surveillance operation by the Federal Bureau of Investigation in 2006 and 2007 to investigate possible criminal activity. It concluded after members of the mosque reported the man to the FBI. Three men filed a class action in 2011, arguing the government sent the informant to spy on them in violation of their First Amendment and other constitutional rights.
A Department of Justice prosecutor argued before the U.S. Supreme Court on Monday that a lawsuit by three Muslim men from Orange County should be dismissed under the state secrets privilege.
A 9th U.S. Circuit Court of Appeals panel revived the men's civil rights complaint, ruling that a provision of the Foreign Intelligence Surveillance Act of 1978 trumped the government'...
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Fazaga v. Walls
Foreign Intelligence Surveillance Act displaces federal common law state secrets privilege; its procedures are to be used when party challenges legality of electronic surveillance.
