SANDERS TAKES A STAND

Book Groups Call for Patriot Act Amendment

For immediate release

For further information, contact:

Chris Finan

American Booksellers Foundation for Free Expression

(212) 587-4025

chris@abffe.com

Judith F. Krug, American Library Association

(312) 280-4222

jkrug@ala.org

NEW YORK, N.Y.

May 15, 2003

The book and library community today announced its strong support for the Freedom to Read Protection Act (H.R. 1157), a bill that restores the protections for the privacy of book and library records that were eliminated by the U.S.A. Patriot Act. Thirty two groups representing booksellers, librarians, book publishers, authors and others joined several companies, including Barnes & Noble Booksellers and Borders Group Inc., in issuing a statement supporting H.R. 1157, which was introduced by Congressman Bernie Sanders (I-VT) on March 6.

The book community is united in believing that Section 215 of the Patriot Act threatens First Amendment freedom by making people afraid that their purchase and borrowing records may be monitored by the government, Chris Finan, president of the American Booksellers Foundation for Free Expression, said. To view the complete statement,

go to: www.freeexpression.org/ftrpa.htm.

Protecting the confidentiality of one’s use of the library is of primary concern to librarians Judith F. Krug, executive director of the American Library Association’s Office for Intellectual Freedom, said. Rep. Sanders’ bill would restore this core value of

librarianship. Krug is also executive director of the Freedom to Read Foundation.

Under Section 215 of the Patriot Act, FBI agents do not need to prove they have “probable cause” before searching bookstore or library records: they can get access to the records of anyone whom they believe to have information that may be relevant to a terrorism investigation, including people who are not suspected of committing a crime or of having any knowledge of a crime. The request for an order authorizing the search is heard by a secret court in a closed proceeding, making it impossible for a bookseller or librarian to have the opportunity to object on First Amendment grounds prior to the execution of the order. Because the order contains a gag provision forbidding a bookseller or librarian from alerting anyone to the fact that a search has occurred,

it would be difficult to protest the search even after the fact.

If H.R. 1157 is enacted, law enforcement officials will still be able to subpoena bookstore and library records crucial to an investigation, but the courts will exercise their normal scrutiny in reviewing these requests.

H.R. 1157 is co-sponsored by 95 members of the House, including eight Republicans. For a complete list, go to http://news.bookweb.org/freeexpression/1257.html.

The signers of the statement are Alibris.com, American Association of Law Libraries, American Booksellers Association, American Booksellers Foundation for Free Expression, American Library Association, American Society of Journalists and Authors, Association of American Publishers, Association of American University Presses, Association of Booksellers for Children, Authors Guild, Barnes & Noble Booksellers,

Books-A-Million, Borders Group Inc., Children’s Book Council, Comic Book Legal Defense Fund, Florida Publishers Association, Freedom to Read Foundation, Great Lakes Booksellers Association, Medical Library Association, Mid-South Independent Booksellers Association, Mountains and Plains Booksellers Association, Mystery Writers of America, National Association of College Stores, New Atlantic Independent Booksellers Association, New England Booksellers Association, Northern California

Independent Booksellers Association, Pacific Northwest Booksellers Association, PEN American Center, PEN USA West, Publishers Association of the South, Publishers Association of the West, Publishers Marketing Association, Southeast Booksellers Association, Southern California Booksellers Association, Special Libraries Association, Upper Midwest Booksellers Association.

EDITOR’S NOTES:

v     On June 23, Congressman Sanders of Vermont addressed the issue of the Freedom to Read Protection Act at the joint conference of the American Library Association and Canadian Library Association in Toronto. For more information on this program, see http://planner.ala.org/keynotes.asp.

v     Slate.com asks, “Should you be scared of the Patriot Act?’ in its balanced and informative “A Guide to the Patriot Act, Part 1” at: http://slate.msn.com/id/2087984/. “Although it passed in Congress almost without dissent in the aftermath of Sept. 11,

it’s suddenly being revisited, and this time around some of the folks holding opinions have actually read the thing…”

v     And IFC member Sam Simon forwards the following email from the Bill of Rights Defense Committee, noting that they are “an excellent organization, one well worth staying in touch with”…

Greetings, patriots! Many thanks to all of you who contacted your representatives in support of the Sanders-Otter-Conyers Amendment that would have restored legal standards and warrant procedures for investigations of libraries and bookstores which were in place before passage of the USA PATRIOT Act. Unfortunately, due to a highly unusual procedural maneuver the amendment was excluded from consideration. For more information on what happened, go to http://www.thetranscript.com/Stories/0,1413,103%257E9054%257E1530442,00.html

Fortunately, we do have some good news to report! Our representatives in Washington are starting to pay attention to the mounting concern and distaste among the American electorate with the USA PATRIOT Act and the infractions it creates on our civil liberties. On Tuesday night, by a vote of 309-118, the House approved a bipartisan amendment offered by Congressman C.L. “Butch” Otter (R-ID), Congressman Dennis J. Kucinich (D-OH) and Congressman Ron Paul (R-TX) to withhold funding for “sneak-and-peek” searches under the USA PATRIOT Act. The passage of the amendment marks the first time either chamber of Congress has acted to roll back any provision of the law. The passage of the amendment by almost a three-to-one margin reflects a growing outrage over threats to constitutional free speech and due process rights imposed in haste in the fearful days after 9/11. Thank you, Reps. Otter, Kucinich, and Paul, and the others who voted for this amendment!

In a joint statement, the representatives acknowledge that “American citizens, whom the government has pledged to protect from terrorist actions, now find themselves the victims of the very weapon designed to uproot their enemies. Being secure at the expense of our freedoms is no real security. [Tuesday night], with passage of our amendment, we have begun the process of regaining the civil liberties that are the foundation of our nation.”

For press coverage of this historic vote, see the following stories:

www.commondreams.org/headlines03/0724-01.htm

http://search.csmonitor.com/search_content/0722/dailyUpdate.html

Please consider contacting your representative to either thank them for voting for the Otter-Kucinich-Paul amendment, or, if they voted against it, contact them to express your dissatisfaction with their vote. To find out how your representative voted, and to contact your rep for free, go to the “Thank or Spank” site maintained by the ACLU: www.aclu.org/NationalSecurity/NationalSecurity.cfm?ID=13196&c=24

The House of Representatives begins its recess tonight. The Senate is in session through next week. The BORDC will send you another action alert when it’s time to contact your Senator. Stay tuned!

NEXT ARTICLE