At least they get to subtly communicate they can't talk, instead of being Jack Ma'd.
The constitutional justification is the same one behind not being allowed to yell 'fire' in a crowded theatre if there is none, or not being able to go on TV and threaten the Judge overseeing your case - 'the constitution is not a suicide pact'. [https://en.wikipedia.org/wiki/The_Constitution_is_not_a_suic...]
As to if it is being abused? Guaranteed.
Being prevented? Not effectively. Only the occasional leak of the abuse and corresponding consequences (if any) seem to be counteracting it, and even then not well.
Sunlight is the best disinfectant, and most of the national security apparatus is solidly in the dark, and has been for a long time.
The constitutional justification is the same one behind not being allowed to yell 'fire' in a crowded theatre if there is none, or not being able to go on TV and threaten the Judge overseeing your case - 'the constitution is not a suicide pact'. [https://en.wikipedia.org/wiki/The_Constitution_is_not_a_suic...]
As to if it is being abused? Guaranteed. Being prevented? Not effectively. Only the occasional leak of the abuse and corresponding consequences (if any) seem to be counteracting it, and even then not well.
Sunlight is the best disinfectant, and most of the national security apparatus is solidly in the dark, and has been for a long time.