It's Time for a Fair and Responsible State Secrets Privilege Act

The state secrets privilege is a common law doctrine that allows courts to protect state secrets -- evidence that, if disclosed, might harm the national defense or foreign relations of the United States -- in civil litigation.  Unfortunately, courts lack guidance on when and how to apply the privilege, and as a result the privilege has been used in recent years to prevent courts from considering important legal issues and providing justice to victims. 

Congress has the authority, and responsibility, to create guidelines for courts on how to handle secret evidence, while at the same time allowing courts to do their job of deciding cases and controversies.

The Georgetown Center on National Security and the Law has worked with other scholars and groups to advise members of the Senate on drafting a state secrets privilege act that would protect national security, while at the same time keeping courts open to hear the claims of the American people.

This site includes resources on the state secrets privilege, and legislation to reform it, including news, frequently asked questions, and links to scholarly commentary and cases relating to the state secrets privilege.