Sunday, February 05, 2006
Keith Decision -- United States v. United States District Court, 407 U.S. 297 (1972)
This is known as the 'Keith decision' after U.S. District Court Judge Damon J. Keith who ruled against the legality of domestic electronic surveillance.
James Bamford wrote in The Puzzle Palace (1982):
In the Keith decision, the Supreme Court, while recognizing the President's constitutional duty to 'protect our Government against those who would subvert or overthrow it by unlawful means,' held that the power inherent in such a duty does not extend to the authorization of warrantless electronic surveillance deemed necessary to protect the nation from subversion by domestic organizations."