ALA Opposes PATRIOT Act Compromise

ISSN 0028-9485 March 2006 Vol. LV No. 2 www.ala.org/nif On February 9, four Republican Senators (John Sununu–NH; Lisa Murkowski–AK; Chuck Hagel–NE; and Larry Craig–ID), who had joined in the threat to filibuster the House Conference Report on the Reauthorization of the USA PATRIOT Act, announced that they had negotiated a compromise deal with the White House. The deal enabled White House and the Republican Congressional leadership to garner enough votes to ensure passage of the reauthorization in the Senate. It was not certain where House Judiciary Committee chair James Sensenbrenner stood on the proposed changes. The American Library Association quickly announced its opposition to the proposed ALA opposes compromise, which lacked the necessary strengthening of the standards (by requiring PATRIOT Act individualized suspicion) for obtaining a Section 215 order, and did not provide the recipient of a Section 215 court order meaningful opportunity to challenge the order or compromise the attached gag order in a court of law. The compromise included these changes: ● “Ability to challenge the gag order attached to a Section 215 order.” The possibility only is available after one year and the FISA judge may only overturn the gag if the government does not certify and the judge finds that there is no reason to believe that the disclosure “may endanger the national security of the U.S., interfere with a crimi- nal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person.” The certification of the government to these possibilities is to be taken as conclusive. ● Removal of the requirement that a recipient of an NSL inform the FBI of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the order. The proposal still requires the recipient to, upon the (continued on page 109) Published by the ALA Intellectual Freedom Committee, Kenton L. Oliver, Chair in this issue targets of the censor books ALA opposes PATRIOT Act compromise .......................57 Biology: Concepts and Connections ................................87 Born Too Short .................................................................71 The Curious Incident of the Dog in the Night-Time ........71 violence in Mideast over Danish cartoon ........................59 The Earth, My Butt and Other Big Round Things ...........70 Geography Club ...............................................................73 IFC report to ALA Council ..............................................59 Girl, Interrupted ...............................................................73 Hershey ..........................................................................109 FTRF report to ALA Council ..........................................61 It Stops With Me ...............................................................95 The King Never Smiles [Thailand] ..................................78 library insists FBI provide warrant ..................................62 Lolita ................................................................................69 Three Wishes ....................................................................74 John Doe, employer win IF award ..................................62 To Kill a Mockingbird ......................................................74 When Jeff Comes Home ...................................................72 Google defies DOJ search demand ..................................63 periodicals U.S. assailed over rights of terror suspects .....................63 Columbus North Triangle [Columbus North H.S.] .........97 Jyllands-Posten [Denmark] .............................................59 UCLA alum pulls offer to buy Magazinet [Norway] ........................................................59 lecture tapes .....................................................................64 The Post [U. of Wisconsin, Milwaukee] .........................87 fair use threatened ............................................................64 ﬁ lm spy court judge quits in protest ........................................65 Brokeback Mountain ........................................................76 “little red book,” big fat lie ..............................................65 broadcasting The Book of Daniel ................................................... 76, 77 Frank Wilkinson remembered ..........................................66 Will and Grace .................................................................77 censorship dateline: libraries, schools, colleges and universities, film, broadcasting, Views of contrubutors to the Newsletter on Intellectual Freedom are not necessarily those of the editors, the Intellectual Freedom foreign .......................................................................69 Committee, or the American Library Association. from the bench: U.S. Supreme Court, schools, (ISSN 0028-9485) colleges and universities ...........................................79 Newsletter on Intellectual Freedom is published bimonthly (Jan., Mar., May, July, Sept., Nov.) by the American Library Association, is it legal?: libraries, schools, student press, 50 E. Huron St., Chicago, IL 60611. The newsletter is also avail- colleges and universities, political expres- able online at www.ala.org/nif. Subscriptions: $70 per year (print), sion and government eavesdropping, Inter- which includes annual index; $50 per year (electronic); and $85 per year (both print and electronic). For multiple subscriptions net, access to information, copyright, to the same address, and for back issues, please contact the trademark ..................................................................83 Office for Intellectual Freedom at 800-545-2433, ext. 4223 or [email protected]. Editorial mail should be addressed to the Office of success stories: libraries, schools, student Intellectual Freedom, 50 E. Huron St., Chicago, Illinois 60611. Periodical postage paid at Chicago, IL at additional mailing press, colleges and universities, trademark, offices. POSTMASTER: send address changes to Newsletter on art ..............................................................................95 Intellectual Freedom, 50 E. Huron St., Chicago, IL 60611. 58 Newsletter on Intellectual Freedom 55n2.indd 58 3/13/2006 4:21:08 PM violence in Mideast over offended many Muslims.” Despite the apology, the publication’s offices in Copenhagen and in the northern town of controversial Danish cartoon Aarhus were evacuated after a bomb threat. Protestors angry over Danish cartoons of the Prophet “At approximately three minutes past five, an English- Muhammad clashed with Lebanese security forces February speaking person gave a message that there would be a bomb 4. An early morning march through downtown Beirut attack at the Jyllands-Posten offices ten minutes after,” exploded into violence when a breakaway crowd surged Flemming Munch, a Copenhagen police spokesman, told toward a high-rise building that housed the Austrian and reporters. Danish Missions, chanting obscene anti-Danish slogans in Magazinet, a Norwegian publication that reprinted some Arabic and vandalizing cars, office buildings and a Maronite of the cartoons, also said that it “regretted if the draw- Catholic church nearby. Other protestors burned Danish ings offended Muslims.” Norwegian Prime Minister Jens flags and flags bearing images of the cross. Stoltenberg told a Norwegian news agency, “we will not Lebanese security forces fired tear gas to disperse apologize because in a country like Norway, which guar- the crowd, but a group managed to make its way to the antees the freedom of expression, we cannot apologize for building, breaking windows and setting it on fire. The fire what the newspapers print. But I am sorry that this may quickly spread through the building, and people jumped out have hurt many Muslims.” of windows to escape the flames. Reuters reported that one In Copenhagen, Anders Fogh Rasmussen, the Danish person had died. A Dutch news photographer at the scene prime minister, sought a similar balance, saying: “I want to was beaten when several demonstrators mistook him for emphasize that in Denmark we attach fundamental impor- being Danish. tance to the freedom of expression, which is a vital and Demonstrators also attacked police officers with stones and set fire to several fire engines. Lebanese security forces (continued on page 109) regained control over the area within two hours, using water cannons and bullets fired over protestors’ heads. The day before, protestors set fire to the Danish and IFC report to ALA Council Swedish Missions in Damascus, Syria. In Gaza, Palestinians marched through the streets, storming European buildings The following is the text of the Intellectual Freedom and burning German and Danish flags. Protestors smashed Committee’s report to the ALA Council, delivered January the windows of the German cultural center and threw stones 25 by IFC Chair Kenton Oliver at the ALA Midwinter at the European Commission building, police said. Meeting in San Antonio, Texas. Iraqis rallying by the hundreds demanded an apology The ALA Intellectual Freedom Committee (IFC) is from the European Union, and the leader of the Palestinian pleased to present this update of its activities. Under group Hamas called the cartoons “an unforgivable insult” “Information,” this report covers the seventh edition of the that merited punishment by death. Pakistan summoned

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