Intellectual Freedom

ISSN 0028-9485 September 2005 Vol. LIV No. 5 www.ala.org/nif The following is an edited transcript of a program cosponsored by the American Lib rary Association Intellectual Freedom Committee, the Association of American Publishers Freedom to Read Committee, and the American Booksellers Foundation for Free Expression at the ALA Annual Conference in Chicago, June 27. The speakers were Geoffrey R. Stone and Floyd Abrams. remarks by Geoffrey R. Stone Following his graduation in 1971 from the University of Chicago Law School where he served as editorinchief of the Law Review, Geoffrey Stone served as law clerk to Judge intellectual J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia circuit and spent the following year as a law clerk for Supreme Court Justice William J. Brennan. He has freedom: been a member of the University of Chicago faculty since 1973. From 1987 to 1993 he served as dean of the University of Chicago Law School. From 1993 to 2002 he served a casualty as provost of the University. Among his many related professional responsibilities, he has been a member of the Governors of the Chicago Council of Lawyers, the American Law of war? Institute, the Executive Committee of the Association of American Law Schools and on the board of directors of the University of Chicago Hospitals and the Board of Governors of the Argonne National Laboratory. Currently, he is a member of the National Advisory Council of the ACLU, the Board of Directors of the Renaissance Society, the Board of the University of Chicago Center of Comparative Constitutionalism, vicepresident of the American Academy of Arts and Sciences and chair of the board of the Chicago Children’s Choir. A prolific author and editor, he has written numerous books and articles on the freedom of speech and press, freedom of religion, academic freedom and the Supreme Court. His latest work is Perilous Times: Free Speech in Wartime from the Sedition Act (continued on page 243) Published by the ALA Intellectual Freedom Committee, Kenton L. Oliver, Chair Forever ...........................................................................215 in this issue GLBTQ ...........................................................................215 The Homo Handbook .....................................................215 intellectual freedom: a casualty of war? ........................207 The Other Woman ..........................................................215 Rainbow Boys ................................................................215 protecting anonymity on the Internet ............................209 A Time to Kill .................................................................239 House votes to limit PATRIOT Act’s Section 215 ........209 periodicals Chico News & Review ...................................................220 libraries say officials do make inquiries ........................210 Collegian [Kansas State U.] .........................................228 Communicator [Craven C.C.] .......................................218 Gay People’s Chronicle .................................................217 IFC report to ALA Council ............................................211 The Innovator [Governors State U.] .............................227 Maxim ............................................................................217 FTRF report to ALA Council ........................................212 Observer [Essex County College] ................................217 Outlook Weekly ..............................................................217 House backs ban on flag desecration ............................213 Playboy ..........................................................................216 Sports Illustrated ............................................................217 university presidents support academic freedom ..........214 theater academic groups’ statement on rights and freedoms .....214 The Passion of the Musical ............................................219 censorship dateline: libraries, schools, student press, newspaper, video game, etc., foreign ...........215 Views of contrubutors to the Newsletter on Intellectual Freedom from the bench: U.S. Supreme Court, libraries, are not necessarily those of the editors, the Intellectual Freedom student press, freedom of the press ........................223 Committee, or the American Library Association. (ISSN 0028-9485) is it legal?: libraries, colleges and universities, Internet, protest, PATRIOT Act, science ................229 Newsletter on Intellectual Freedom is published bimonthly (Jan., Mar., May, July, Sept., Nov.) by the American Library Association, success stories: libraries, schools, publishing ...............239 50 E. Huron St., Chicago, IL 60611. The newsletter is also avail- able online at www.ala.org/nif. Subscriptions: $70 per year (print), which includes annual index; $50 per year (electronic); and $85 per year (both print and electronic). For multiple subscriptions to the same address, and for back issues, please contact the targets of the censor Office for Intellectual Freedom at 1-800-545-2433, ext. 4223 or books [email protected]. Editorial mail should be addressed to the Of fice of Beyond Chutzpah ...........................................................239 Intellectual Freedom, 50 E. Huron St., Chicago, Illinois 60611. Periodical postage paid at Chicago, IL at additional mailing Choke .............................................................................215 offices. POSTMASTER: send address changes to Newsletter on Doing It ..........................................................................215 Intellectual Freedom, 50 E. Huron St., Chicago, IL 60611. 208 Newsletter on Intellectual Freedom protecting anonymity on the Internet house votes to limit PATRIOT Act’s The following is an edited transcript of a pr ogram section 215 cosponsored by the Intellectual Freedom Committee and the By a vote of 238–187, the House of Representatives Committee on Legislation at the ALA Annual Conference in June 15 approved legislation that would scale back Section Chicago, June 27. The speakers were Franklin S. Reeder, of 215 of the USA PATRIOT Act by amending a Department the Reeder Group, and Paul Alan Levy, of the Public Citizen of Justice appropriations bill to bar the DOJ from using any Litigation Group. of the funds to conduct searches of library and bookstore records. The Freedom to Read Amendment, similar to a remarks by Franklin Reeder measure defeated in a dramatic tie vote last year , passed this Franklin Reeder writes, consults, and teaches on infor- time with the support of 38 Republicans, 199 Democrats, mation policy and public management issues with the and sponsor Rep. Bernie Sanders (I-Vt.). Reeder Group, a firm he formed after a career of more than “Library patrons should be thrilled that their champion, thirty-five years in public service. His column on “Managing Congressman Sanders, has finally prevailed,” said ALA Technology” appears in Government Exec utive magazine. Washington Office Executive Director Emily Sheketof f. He is chairman of the Center for Internet Security, a not-for- “People from every political persuasion supported this profit, established to h elp organizations around the world amendment, and we are grateful that members of the House affectively manage the organizational risks related to infor- listened to librarians’ concerns.” mation security. He also chairs the Information Security Some saw the action as a sign of growing concern over and Privacy Act Advisory Board of the National Institute of the protection of personal privacy , as well as a possible Standards and Technology, a Federal Advisory Committee. indicator of coming debate over the renewal of sixteen Frank served at the U.S. Office of Management and Budget of the act’s provisions set to expire at the end of the year . twice for more than twenty years. Between 1970 and 1995 he “Congress has the obligation to modify some authorities was Chief of Information Policy, Deputy Associate Director of the PATRIOT Act that went too far in eroding our civil for Veter ans Affairs and Personnel, and Assistant Director liberties,” said Rep. Jane Harman (D-Calif.), who opposed for General Management. Among his accomplishments, Sanders’s amendment last year but voted for it this time. while a m ember of th e Information Policy staff and later However, an aide to one House leader dismissed the as its chief, he represented the administration in negotiat- vote as “the crazies on the left and the crazies on the right, ing and securing enactment of the Privacy Act of 1974 and meeting in the middle.” In addition, President Bush has the Computer Security Act of 1987 and wrote guidelines on threatened to veto the bill if the final version contains any implementing the Privacy Act. While at O.M.B. he was the language that would weaken the PATRIOT Act, and House U.S. Dele gate to the Organization for Economic Cooperation Appropriations Committee spokesman John Scofield sug- and Developments Public Management Committee from gested Republican leaders plan to remove what he called 1992–95 and he chaired that committee from 1993–95. From “this extraneous rider” when working out any dif ferences 1997–80 he was Deputy Director of H ouse Information between House and Senate versions of the bill. Systems, the computers and telecommunications support Supporters of rolling back the library and bookstore arm of th e U.S. House of R epresentatives. From 1995–97 provision said the law gives the

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