December 17, 2014 – Professor Eugene Volokh comments in a Washington Post
article about a growing number of technology companies seeking to promote transparency that have been testing the limits of new government guidelines on how they can disclose national security orders for their customers’ data.
Eugene Volokh, a UCLA School of Law professor, said the issue of where to draw the line between free speech and national security is a “genuinely difficult” one, especially in the midst of an ongoing national discussion about the proper scope of surveillance.
Volokh earlier this year filed an amicus brief in federal appeals court in support of two unnamed tech firms, represented by the Electronic Frontier Foundation, which have sued the government over their right to disclose receipt of national security letters.
“It’s hard to have a sensible debate about surveillance if you can’t even discuss the magnitude of it,” Volokh said. In the end, he said, “This is one of those important foundational First Amendment questions that really do need to be decided by the Supreme Court."
Read the article.