The sticking point is whether you can be compelled to proactively lie by an NSL (when an NSL is actually a gag order, preventing you from talking about NSLs), given freedom-of-speech in the US. But quite a few people agree with you that courts probably wouldn't care about this level of pedantry[1].

[1]: https://www.schneier.com/blog/archives/2015/03/australia_out...