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Bookmark or Share- The Scope and Nature of the State Secrets PrivilegeIn two cases decided this month, the Supreme Court approved the federal government’s assertion of the “state secrets privilege,” which authorizes dismissal of litigation that would, if permitted to continue, result in disclosures that would harm national security interests.
- FBI v. Fazaga: Supreme Court Examines Interplay of State Secrets ...In the seminal 1953 case of Reynolds v. United States, the Supreme Court upheld the use of the state secrets privilege to protect classified information from disclosure. In Reynolds, the Court attempted to balance the competing interests of a plaintiff’s need for evidence and the government’s national security interests.
- State secrets privilege - WikipediaThe purpose of the state secrets privilege is to prevent courts from revealing state secrets in the course of civil litigation. The government may intervene in any civil suit, including when it is not a party to the litigation, to ask the court to exclude state secrets evidence.
- Government can invoke state secrets privilege in lawsuit alleging ...In a narrow but unanimous ruling, the justices held that a provision of the Foreign Intelligence Surveillance Act does not trump the “state secrets” privilege, a doctrine that allows the government to withhold information in litigation when disclosing it would compromise national security.
- FAQs: What Are State Secrets | Center for Constitutional RightsWhat is the state secrets privilege? The state secrets privilege (SSP) is a common law privilege that allows the head of an executive department to REFUSE to produce evidence in a court case on the grounds that the evidence is secret information that would harm national security or foreign relation interests if disclosed.
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