I'm a lawyer, although not one that regularly practices First Amendment law. That said, zachrose is right that strict scrutiny applies here. Usually, to restric

I'm a lawyer, although not one that regularly practices First Amendment law. That said, zachrose is right that strict scrutiny applies here. Usually, to restrict truthful speech based on the content of the speech, the government must show that (1) there is a compelling state interest and (2) that the government's restriction on speech is narrowly tailored. National security is pretty compelling, but it's unclear how prohibiting disclosure of the number of requests is narrowly tailored to that interest. Without knowing more details about the nature of the program, it's hard to say why the number matters. But if the NSA can't demonstrate how disclosing a specific number, as opposed to an approximate range, has a noticeable impact on national security, the law would likely not be in their favor.