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May 15, 2003
Our society places the highest value
on the ability to speak freely on any subject. But freedom of
speech depends on the freedom to explore ideas privately.
Bookstore customers and library patrons must feel free to seek
out books on health, religion, politics, the law, or any subject
they choose, without fear that the government is looking over
their shoulder. Without the assurance that their reading choices
will remain private, they will be reluctant to fully exercise
their right to read freely.
Section 215 of the USA Patriot Act
threatens bookstore and library privacy. FBI agents do not need
to prove they have “probable cause” before searching bookstore
or library records: they can get access to the records of anyone
whom they believe to have information that may be relevant to a
terrorism investigation, including people who are not suspected
of committing a crime or of having any knowledge of a crime. The
request for an order authorizing the search is heard by a secret
court in a closed proceeding, making it impossible for a
bookseller or librarian to have the opportunity to object on
First Amendment grounds prior to the execution of the order.
Because the order contains a gag provision forbidding a
bookseller or librarian from alerting anyone to the fact that a
search has occurred, it would be difficult to protest the search
even after the fact.The
organizations listed below strongly support the Freedom to Read
Protection Act of 2003 (H.R. 1157). Introduced in the U.S. House
of Representatives on March 6 by Bernie Sanders (I-VT), H.R.
1157 strengthens protections for the privacy of bookstore and
library records. Law enforcement officials will still be able to
subpoena bookstore and library records crucial to an
investigation, but the courts will exercise their normal
scrutiny in reviewing these requests.
We applaud Congressman Sanders and
the Democratic and Republican sponsors and co-sponsors of H.R.
1157. They have shown great courage by defending civil liberties
during a time of crisis.
Associations
American Association of Law Libraries
American Booksellers Association
American Booksellers Foundation for Free Expression
American Library Association
American Society of Journalists and Authors
Association of American Publishers
Association of American University Presses
Association of Booksellers for Children
Authors Guild
Children’s Book Council
Comic Book Legal Defense Fund
Florida Publishers Association
Freedom to Read Foundation
Great Lakes Booksellers Association
Medical Library Association
Mid-South Independent Booksellers Association
Mountains and Plains Booksellers Association
Mystery Writers of America
National Association of College Stores
New Atlantic Independent Booksellers Association
New England Booksellers Association
Northern California Independent Booksellers Assn.
Pacific Northwest Booksellers Association
PEN American Center
PEN USA West
Publishers Association of the South
Publishers Association of the West
Publishers Marketing Association
Southeast Booksellers Association
Southern California Booksellers Association
Special Libraries Association
Upper Midwest Booksellers Association
Companies
Alibris.com
Barnes & Noble Booksellers
Books-A-Million
Borders Group Inc.
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