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Congress Debates PATRIOT Act Renewal ISSN 0028-9485 July 2005 Vol. LIV No. 4 www.ala.org/nif In a closed-door meeting May 26, the Senate Intelligence Committee failed to agree on a proposal that would renew the USA PATRIOT Act and expand the FBI’s powers to obtain records in terror investigations. A bill proposed by committee Chair Pat Roberts (R-KS) would permit the FBI to subpoena records without a judge’s approval. Committee members refused to discuss details of the two-and-a-half-hour session, although officials voiced confidence that the senators would eventually reach an agreement. Senate Republican leaders and the Bush administration argue that the legislation congress would give the FBI essential tools to fight terrorism, while civil liberties advocates and some Democrats maintain it would open the door to fishing expeditions. debates Although House and Senate Judiciary Committees have held hearings on the PATRIOT Act provisions set to expire at the end of the year—including Section 215, which eases restrictions on searches of library and bookstore records—the Senate Intelligence PATRIOT Committee is the first to consider formal legislation to renew the measures. The American Civil Liberties Union decried the secretive meeting. “These are propos- Act renewal als that demand a full, vigorous, and public debate and vote, not secret meetings,” said Lisa Graves, ACLU Senior Counsel for Legislative Strategy. “If adopted, these broad new powers would sidestep time-honored checks and balances. Lawmakers should reject this reckless disregard for the Fourth Amendment.” Just a few weeks earlier, critics and supporters of the sweeping antiterrorism law had reduced their differences to only a handful of substantive issues, and the two sides were talking openly about finding room for compromise in renewing the law. But the new pro- posal in the Senate Intelligence Committee—backed by the Bush administration—sent the two sides scurrying back to their war camps. The central question is no longer whether the government’s antiterrorism powers should be scaled back in the face of criticism from civil rights advocates, but whether (continued on page 201) Published by the ALA Intellectual Freedom Committee, Kenton L. Oliver, Chair NNIF_July05-FINAL.inddIF_July05-FINAL.indd 114545 66/30/2005/30/2005 55:38:32:38:32 PPMM targets of the censor in this issue books Alice on the Outside .......................................................185 congress debates PATRIOT Act renewal .......................145 The Buffalo Tree .............................................................161 The Da Vinci Code [Jordan] ..........................................193 ALA receives major IF grant .........................................147 iCon Steve Jobs ..............................................................190 King and King ....................................................... 154, 176 ALA opposes bill to mandate school The Lost Son ..................................................................195 library purchases ............................................................147 A Time to Kill .................................................................161 Whale Talk .....................................................................153 survey finds gap between press and public ...................147 periodicals FTRF election results .....................................................148 Baxter Springs News ......................................................197 Cosmopolitan [South Africa] .........................................188 limits of academic freedom ...........................................149 FHM [South Africa] .......................................................188 GQ [South Africa] ..........................................................188 Muzzle awards spotlight school censorship ..................150 Kahoki [Collinsville H.S.] .............................................162 Lancaster New Era ........................................................197 Solanco Sun Ledger .......................................................197 broadcasters pitch self-policing .....................................151 French court rules for Yahoo! ........................................151 Larry Miller wins FLA IF Award ..................................151 Cohen named to FTRF Roll of Honor ...........................152 Views of contrubutors to the Newsletter on Intellectual Freedom censorship dateline: libraries, schools, student are not necessarily those of the editors, the Intellectual Freedom Committee, or the American Library Association. press, colleges and universities, publishing, broadcasting, Internet, art, billboard, foreign ........153 (ISSN 0028-9485) from the bench: U.S. Supreme Court, libraries, Newsletter on Intellectual Freedom is published bimonthly (Jan., Mar., May, July, Sept., Nov.) by the American Library Association, schools, colleges and universities, church 50 E. Huron St., Chicago, IL 60611. The newsletter is also avail- and state, political speech, freedom of able online at www.ala.org/nif. Subscriptions: $70 per year (print), information, privacy, defamation .......................... 165 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 is it legal?: libraries, schools, colleges and Office for Intellectual Freedom at 1-800-545-2433, ext. 4223 or universities, privacy, broadcasting, [email protected]. Editorial mail should be addressed to the Office of copyright ................................................................ 175 Intellectual Freedom, 50 E. Huron St., Chicago, Illinois 60611. Periodical postage paid at Chicago, IL at additional mailing offices. POSTMASTER: send address changes to Newsletter on success stories: libraries, schools, foreign ................... 185 Intellectual Freedom, 50 E. Huron St., Chicago, IL 60611. 146 Newsletter on Intellectual Freedom NNIF_July05-FINAL.inddIF_July05-FINAL.indd 114646 66/30/2005/30/2005 55:38:54:38:54 PPMM ALA receives major grant to “According to the bill’s sponsor, Rep. Walter Jones (R-NC), the legislation is designed to restrict children’s support intellectual freedom access to information by establishing review boards that The American Library Association (ALA) has received would recommend for or against the acquisition of par- a grant of $380,000 from The Ford Foundation. This fund- ticular books and materials based on the panel’s view of ing will be used over a two-year period to support three ‘appropriateness.’ This effort to limit access violates ALA’s major ALA initiatives that will support intellectual freedom long-held principles of intellectual freedom and parental and advocacy efforts. involvement by denying every parent the ability to choose “This generous grant from the Ford Foundation comes what materials are appropriate for their children according at an important time for libraries and the ALA,” said ALA to their own family’s values. Instead, it empowers a small President Carol Brey-Casiano. “We are delighted to have review board to decide for all families in a community what the Foundation’s support to pursue these timely projects materials will be available. concerning privacy rights, intellectual freedom and library “This legislation is also unnecessary. Communities advocacy.” already elect parent and community representatives to The grant will support two research studies that will local school boards, and these boards empower parents be administered through ALA’s Washington Office that by providing ample opportunities to participate in their will gauge the frequency with which federal law enforce- children’s education. This legislation is a solution in ment have contacted libraries since the passage of the USA search of a problem. There is no need for federal inter- ference in a local community’s decisions about its educa- PATRIOT Act, and the types of contacts being made. The results of this initiative will be compiled in a research report tion needs.” and will prove useful to policymakers, academics, journal- ists, and legislators who wish to understand the impact of the PATRIOT Act on libraries. The second initiative encompasses “Lawyers for Libraries” and “Law for Librarians.” Lawyers for Libraries is a project survey finds gap between press to create a cadre of attorneys across the country committed and public to the defense of intellectual freedom in libraries. The goal of Law for Librarians is to provide librarians and trustees A survey released May 16 reveals a wide gap on with legal fundamentals of the First Amendment, which gives many media issues between a group of journalists and users the right to read freely in libraries, and to create a means the general public. In one finding, 43% of the public of enabling librarians to effectively partner with their legal says the press has too much freedom, while only 3% of representatives to defend against censorship. The ALA Office journalists agree. And in a major poll conducted by the for Intellectual Freedom will administer this initiative. University of Connecticut Department of Public Policy, The grant also will assist the ALA Public Information just 14% of the public could name “freedom of the Office with the development of mini-Advocacy Institutes press” as a guarantee in the First Amendment to the U.S. that will build on the Advocacy Institute held at the ALA Constitution. Midwinter Meeting in January 2005. These smaller ver- Six in ten among the
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