[OPLINLIST] FW: [FTRF-L:2497] Judge Rules Vs. U.S. in Patriot Act Case

[Kent Oliver]

FYI, Kent

Kent Oliver, Executive Director
Stark County District Library
715 Market Ave., N., Canton, OH 44702
W: 330 458 2710 FAX: 330 455 9596
KOliver@starklibrary.org
"With a library you are free, not confined by temporary political
climates. It is the most democratic of institutions because no one - but
no one at all - can tell you what to read and when and how."  Doris
Lessing, novelist

FYI, Kent

-----Original Message-----
From: owner-ftrf-l@ala.org [mailto:owner-ftrf-l@ala.org] On Behalf Of
Jonathan Kelley
Sent: Friday, September 09, 2005 5:59 PM
To: Freedom to Read Foundation Board of Trustees
Subject: [FTRF-L:2497] Judge Rules Vs. U.S. in Patriot Act Case


You have been sent this message from dwood@ala.org as a courtesy of
washingtonpost.com=20
=20
 Judge Rules Vs. U.S. in Patriot Act Case
=20
 By JOHN CHRISTOFFERSEN
=20
  BRIDGEPORT, Conn. -- A federal judge lifted a gag order Friday that
shielded the identity of librarians who received an FBI demand for
records about library patrons under the Patriot Act.
=20
 U.S. District Court Judge Janet Hall ruled in favor of the American
Civil Liberties Union, which argued that the gag order prevented their
client from participating in a debate over whether Congress should
reauthorize the Patriot Act.
=20
 "It's fabulous," said ACLU Associate Legal Director Ann Beeson.
"Clearly the judge recognized it was profoundly undemocratic to gag a
librarian from participating in the Patriot Act debate."
=20
 The ruling would allow the ACLU and its client to identify who received
the request for records, but Hall stayed her decision until Sept. 20 to
give the government a chance to appeal. Prosecutors said they were
reviewing the decision.
=20
 Prosecutors argue that the gag order blocked the release of the
client's identity, not the client's ability to speak about the Patriot
Act. They said revealing the client's identity could tip off suspects
and jeopardize a federal investigation into terrorism or spying.
=20
 Hall rejected the argument that the gag order didn't silence the
client.
=20
 "The government may intend the non-disclosure provision to serve some
purpose other than the suppression of speech," Hall wrote.
"Nevertheless, it has the practical effect of silencing individuals with
a constitutionally protected interest in speech and whose voices are
particularly important in an ongoing national debate about the intrusion
of governmental authority into individual lives."
=20
 The Patriot Act, passed shortly after the Sept. 11, 2001, attacks,
allowed expanded surveillance of terror suspects, increased use of
material witness warrants to hold suspects incommunicado and secret
proceedings in immigration cases.
=20
 More than a dozen provisions of the act are set to expire at the end of
this year. Liberals and libertarian-oriented conservatives have pressed
for changes, citing privacy and civil liberties concerns.
=20
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Free People Read Freely (r)
Jonathan Kelley
Administrative Assistant
Freedom to Read Foundation
50 E. Huron St.
Chicago, IL  60611
(312) 280-4226/ fax (312) 280-4227
jokelley@ala.org