In Doe v. Gonzales, 04 Civ. 2614 (Sep. 2007) the court held that the gag order provisions in PATRIOT II were unconstitutional. Rather, to restrict recipients of National Security Letters from mentioning that they’d received the letters, government requests must be:

1. Narrowly-tailored on a case-by-case basis; and
2. Subject to meaningful judicial review, wherein the government is required to affirmatively terminate the nondisclosure requirement at some point or bear the burden of justifying to a court why continued secrecy is necessary.