page_title: United States v. Reynolds
section_title: Louis Fisher
hierarchical_section_title: United States v. Reynolds / Discussion and criticism of privilege in Reynolds / Judiciary Hearing, 2008 / Louis Fisher
caption_attribution_description: This image was copied from :en:wikipedia
context_page_description: United States v. Reynolds, 345 U.S. 1, is a landmark legal case in 1953 that saw the formal recognition of the state secrets privilege, a judicially recognized extension of presidential power.
context_section_description: Testimony of Louis Fisher, Constitutional Law Expert, Library of Congress.
  A "state secret" refers to any information that, if disclosed publicly, would be reasonably likely to cause significant harm to the national defense or foreign relations of the United States. Few judges, reading this language, will be likely to challenge the government. I would prefer to add a second sentence to the definition: "The assertion of a state secret by the executive branch is to be tested by independent judicial review."
  Concerning "immunity", I would like to see a third sentence added to the definition: "The 'states secrets privilege' may not shield illegal or unconstitutional activities."  I see no reason privilege should sanction violations of statutes, treaties, or the Constitution.
  Our experience with state secrets cases underscores the need for judicial independence in assessing executive claims.
caption: Another redacted government document, this from CIA 1953 LSD experiments.
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