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by nstj 3576 days ago
Just discovered that the original warrant canary (2005) was purportedly created by a librarian, being a sign in her library reading: “The FBI has not been here (watch very closely for the removal of this sign).”[0]

[0]: http://jolt.law.harvard.edu/articles/pdf/v28/28HarvJLTech525...

1 comments

Why does everyone make such a huge deal about a warrant canary when LE is clearly aware of them and a true gag order would obviously preclude you from removing any such canaries?
Because it is not obvious that a gag order would preclude one from removing a warrent canarie.

There has been no test cases on the subject, and there are few instances of the court upholding compelled speech. Further, the precedents that we do have for compelled speech have been based on the compelled speach being truthful (as well as a legitimate government interest in compelling the speach).

This means that, irrespective of the law of the gag orders, one could make a very strong consitutional arguement for being allowed to remove the canary, and would have strong precedent.

Given that warrant canaries have already tripped, clearly it's not SOP for law enforcement to force warrant canaries to stay.
You should provide a reference, it would be helpful.