Publications & Resources

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*Note: Any opinions, findings, and conclusions or recommendations expressed in Clearinghouse material are those of the author(s) and do not necessarily reflect the views of The Constitution Project.

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Amicus Brief in United States v. Cotterman (U.S. Court of Appeals for Ninth Circuit, supporting rehearing En banc)
Case is criminal prosecution based on evidence obtained from laptop seized at the border. TCP filed amicus brief urging Ninth Circuit to rehear case en banc. Brief argues that reasonable suspicion should be required for search of laptop at the border and that probable cause should be required for forensic search of laptop.
Amicus Brief in United States v. Cotterman (U.S. Court of Appeals for Ninth Circuit, supporting rehearing En banc)
Case is criminal prosecution based on evidence obtained from laptop seized at the border. TCP filed amicus brief urging Ninth Circuit to rehear case en banc. Brief argues that reasonable suspicion should be required for search of laptop at the border and that probable cause should be required for forensic search of laptop.
Amicus Brief in Amnesty International USA v. McConnell (Second Circuit)
The district court dismissed this challenge to the FISA Amendments Act of 2008 (FAA) on the ground that the plaintiffs lacked standing. The coalition amicus brief in support of the appeal argued that the courts should not apply such a stringent standard in assessing standing because it is critical to preserve judicial review of the surveillance program to ensure judicial oversight over executive surveillance authority.
Amicus Brief in Amnesty International USA v. McConnell (Second Circuit)
The district court dismissed this challenge to the FISA Amendments Act of 2008 (FAA) on the ground that the plaintiffs lacked standing. The coalition amicus brief in support of the appeal argued that the courts should not apply such a stringent standard in assessing standing because it is critical to preserve judicial review of the surveillance program to ensure judicial oversight over executive surveillance authority.
Amicus Brief in ACLU v. National Security Agency (Sixth Circuit)
A Michigan federal judge struck down the National Security Agency' s (NSA) warrantless electronic surveillance program as unconstitutional. In the amicus brief, TCP and CNSS argued that the NSA' s warrantless surveillance program violates the Foreign Intelligence Surveillance Act (FISA), the president lacks any constitutional authority to disregard FISA, and the Fourth Amendment requires the NSA to obtain a warrant before conducting this type of surveillance.
Amicus Brief in ACLU v. National Security Agency (Sixth Circuit)
A Michigan federal judge struck down the National Security Agency' s (NSA) warrantless electronic surveillance program as unconstitutional. In the amicus brief, TCP and CNSS argued that the NSA' s warrantless surveillance program violates the Foreign Intelligence Surveillance Act (FISA), the president lacks any constitutional authority to disregard FISA, and the Fourth Amendment requires the NSA to obtain a warrant before conducting this type of surveillance.
Amicus Brief in In re Warrantless Electronic Surveillance in FISA Court
TCP and CNSS filed an amicus brief with the FISA Court following the Justice Department's briefing describing and defending the legality of the NSA's warrantless wiretapping program. The amicus brief explains how warrantless surveillance violates both the Foreign Intelligence Surveillance Act (FISA) and the Constitution.
Amicus Brief in In re Warrantless Electronic Surveillance in FISA Court
TCP and CNSS filed an amicus brief with the FISA Court following the Justice Department's briefing describing and defending the legality of the NSA's warrantless wiretapping program. The amicus brief explains how warrantless surveillance violates both the Foreign Intelligence Surveillance Act (FISA) and the Constitution.
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