(DailyVantage.com) – Gun rights organizations are challenging a DOJ protective order, raising First Amendment concerns.
At a Glance
- Gun Owners of America and Gun Owners Foundation filed a legal complaint against the DOJ.
- The complaint protests a protective order that restricts them from discussing firearm surveillance documents.
- The DOJ protective order is claimed to be an unconstitutional prior restraint on speech and press activities.
- There are concerns about a lack of governmental transparency regarding lawful gun purchase monitoring.
- ATF is argued to be overstepping in attempting to retract accidentally disclosed documents.
Organizations Challenge DOJ Order
Gun Owners of America and Gun Owners Foundation have filed a legal complaint against the Department of Justice concerning a protective order. This order prevents the discussion of documents related to a government surveillance program tracking legal firearm transactions. The complaint emphasizes that the protective order violates the First Amendment by restricting speech and press activities.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives allegedly attempted to retract records mistakenly disclosed following a Freedom of Information Act request. The documents in question pertain to surveillance programs monitoring lawful firearm purchases. Court orders currently prohibit these organizations from reporting on the documents.
Violation of Press Freedom Alleged
The plaintiffs argue that the ATF’s error does not justify the continuation of the gag order as it hampers their ability to report on matters of public interest. The court denied their requests to reconsider the basis of its order, avoiding a closed hearing or an in-camera document review. A D.C. Circuit ruling earlier this year questioned courts’ authority to issue such orders.
The ATF maintains the necessity of the gag order, arguing that it protects statutorily exempted information. However, the plaintiffs contend no national security concerns apply. They argue that this order creates a chilling effect on the press, stifling the public’s right to know.
Concerns Over Government Transparency
The questioned surveillance program also draws attention to the ATF’s practices in monitoring lawful gun transactions. The organizations filed their legal challenge to counter what they perceive as governmental overreach into Second Amendment rights. The case highlights authorities being accused of targeting legal firearms purchases under similar surveillance.
This situation raises questions about transparency and excessive regulation, especially during the current administration change. A push exists to curtail actions perceived as infringing on constitutional rights, with efforts to investigate potential violations being pursued.
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