ACLU claims False Claims Act “secret” filings violates First Amendment

The ACLU has filed a lawsuit seeking a declaration that the False Claims Act “secret” filings requirement violates the First Amendment right to free expression.

“The overreaching secrecy provisions of a whistleblower law prevent the public from learning about serious allegations of fraud against the United States government,” the ACLU claims in its January 16, 2009 press release.

The ACLU’s Complaint asserts that the FCA provisions requiring complaints to be filed under seal and out of the public’s view “violate the public’s First Amendment rights.” The Complaint also observes that because of the secrecy of the filings, the public does not know the full extent of allegations of fraud on the government.

The suit claims there is no “compelling interest” in keeping the cases secret.

However, the government has an interest in keeping the matter under seal and out of the public’s view: to investigate allegations of fraud without giving advance notice to the wrongdoer.