Merrill v. Holder

March 18, 2015

Nick Merrill is suing the FBI to lift a ten-year-old gag order preventing him from disclosing key details related to a National Security Letter (NSL) he received in 2004. NSLs are a secretive form of administrative subpoena frequently accompanied by a nondisclosure order. Merrill was the first person to challenge the constitutionality of NSLs. In 2010, the gag order preventing Merrill from speaking about the NSL he received was partially lifted, but the FBI continued to bar Merrill from disclosing the categories of information they sought in the 2004 NSL. The Reporters Committee submitted an amicus brief in support of Merrill arguing that the press and the public have a constitutional right to hear information that Merrill wishes to disclose. We also argued that information regarding how FBI uses NSLs to obtain communication records has significant statutory and constitutional implications. "Knowing what types of information the government can obtain without notice or judicial process is of the utmost importance to reporters and media organizations," we argued. The secrecy surrounding NSLs imperils the confidential relationship between reporters and sources by obscuring how the government collects communication records.