On The Front Lines
Rutherford Institute President Expresses Support for 'Freedom to Read' Legislation, Re-Introduced by Rep. Sanders
WASHINGTON--John W. Whitehead, president of The Rutherford Institute, expressed the Institute's support for the "Freedom to Read Protection Act of 2005," which was reintroduced by Rep. Bernie Sanders (I-VT) and more than 100 co-sponsors. "In the same way that freedom of speech is essential to the preservation of a free society, the freedom to read is essential to our democracy," said Whitehead.The legislation, formerly introduced as H.R. 1157 in the 108th Congress, would exempt libraries and booksellers from provisions of the USA Patriot Act that allow the federal government to access library or bookstore records without having to get a traditional search warrant. Sponsors of the bill believe that the legislation is needed to protect Americans' constitutionally guaranteed right to read and access information without governmental intrusion or monitoring. The proposed legislation is available online here (PDF).
The USA Patriot Act gave the FBI the power to search library and book-buying records without probable cause of any crime or intent to commit a crime. Under the Patriot Act, librarians and others who are required to turn over records are also not allowed to say that the search has occurred or that records were given to the government. H.R. 1157 would return to pre-Patriot Act standards the criteria under which the FBI could obtain Foreign Intelligence Surveillance Act court orders and warrants to investigate library patrons and bookstore customers. The legislation proposes to do so by amending Section 215 of the Patriot Act to exempt bookstores and libraries from orders requiring the production of any tangible things for certain foreign intelligence investigations and for other purposes. Under this proposed "Freedom to Read" legislation, the FBI would still have access to these records with a court-ordered search warrant, but some type of reasonable cause would be required as opposed to the lower standard created by the USA Patriot Act. H.R. 1157 also calls for public reporting to determine how provisions of the USA Patriot Act are being implemented in order to better assess civil liberties implications. Passed in the wake of the September 11th terrorist attacks, the USA Patriot Act gives the government sweeping authority to monitor what books Americans read and buy, search homes and businesses without prior notification, monitor electronic communications, and allow noncitizens to be locked up without charges on the Attorney General's order. Four state legislatures, including Vermont, and 368 municipalities across the country, conservative and progressive, have gone on record by passing resolutions expressing their concerns regarding the Patriot Act. To read more about The Rutherford Institute's concerns about the Patriot Act, visit here.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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