In re Certification of Questions of Law to the Foreign Intelligence Surveillance Court of Review
The Reporters Committee filed an amicus brief in support of the ACLU, the ACLU of the Nation’s Capital, and the Media Freedom and Information Access Clinic at Yale Law School in the Foreign Intelligence Surveillance Court of Review (FISCR). The ACLU and MFIA are seeking access to certain judicial opinions of the Foreign Intelligence Surveillance Court (FISC). Before the FISCR is a certified question of law from the FISC regarding whether the ACLU and MFIA have standing to bring their motion to unseal. The amicus brief supports the ACLU and MFIA’s position that they have standing to seek access to the FISC’s judicial opinions and argues that parties should not have to show that the First Amendment right of access applies to a particular record or proceeding to demonstrate standing. The amicus brief also highlights the interests of the press, which frequently bring First Amendment right of access claims, and the public interest in access to FISC opinions.