A significant portion of the PATRIOT Act has been declared unconstitutional:

U.S. District Judge Victor Marrero, in the first decision against a surveillance portion of the act, ruled for the American Civil Liberties Union in its challenge against what it called “unchecked power” by the FBI to demand confidential customer records from communication companies, such as Internet service providers or telephone companies. Marrero, stating that “democracy abhors undue secrecy,” found that the law violates constitutional prohibitions against unreasonable searches. He said it also violated free speech rights by barring those who received FBI demands from disclosing they had to turn over records. Because of this gag order, the ACLU initially had to file its suit against the Department of Justice under seal to avoid penalties for violation of the surveillance laws.