Klayman v. Obama, the NSA Surveillance Case: Is the "Third Party" Doctrine Still Alive? Or Is the Gathering of Information by Businesses Now Considered "State Action"?

In an opinion released Monday, Judge Richard J. Leon, a federal judge for the District of Columbia, struck down the NSA surveillance program as unconstitutional. The principal question is, "How shall we reconcile the Third Party Doctrine with the State Action Doctrine?"