Either
A. Popular and well known encryption algorithms are not broken by the NSA, and your communication is private.
B. Popular and well known encryption algorithms are broken by the NSA, but the fact that it's broken is top secret and the state will not do any actions that revel the secret. Your communications are not safe, and while what you communicate might make you the target of an investigation (if you're an appealing enough target), the communications will not be directly used against you in court.
EDIT: There is a third option, that your communication is being stored until the encryption algorithm is broken or computation reaches a point where brute force is possible (quantum computers). Long term storage of encrypted communication is only economically feasible for a small subset of all encrypted communication, so it's only a concern for targeted individuals where the communication will be relevant to the state decades from now.