@emptywheel No mention of the fact that, per Bates, 1st Amendment review doesn't actually protect 1st Amendment activities or speech?
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@PatrickCToomey That was for an individual order, not the phone dragnet, though. Still, yes, I wonder if they're rethinking that? -
@emptywheel Yes, but the FISC probably sees them as parallel. For the dragnet, the FISC has just moved the review to the querying stage. -
@PatrickCToomey It may reflect what they told@nakashimae--that the Bates memo doesn't REALLY mean what it says. -
@emptywheel Not sure. Seems like it could just be a housekeeping move— requiring 1A "review" in an emergency, w/ same standard.@nakashimae -
@PatrickCToomey I see what you're saying. Still, it does suggest FISC hasn't entirely thrown out 1A reviews.@nakashimae
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@emptywheel FISC=shadow box that gov't uses as both foil&screen while providing legal cover. Exec calls them Art II court.@JesselynRadackThanks. Twitter will use this to make your timeline better. UndoUndo
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