|
For further information, contact:
Chris Finan, American Booksellers Foundation for Free Expression,
(212) 587 4025
Ann Springer, American Association of University Professors,
(202) 737 5900
Joan Bertin, Executive Director, National Coalition Against Censorship,
(212) 807 6222
October 8, 2002--Members of the Free Expression Network (FEN)
today urged officials at the University of California, San Diego,
to withdraw their demand that a student group remove a link on
its university-supported Web site that allegedly violates the
USA Patriot Act. The officials claim that the Web links run afoul
of the USA Patriot Act's ban on providing "material support"
to organizations that have been designated as a terrorist groups
by the U.S. State Department. In a letter to University Chancellor
Robert C. Dynes, the FEN members also requested the cancellation
of an order that led another student group last spring to delete
a link to a different organization on the State Department list.
The FEN members insist that the university has misconstrued the
Patriot Act and violated the students' First Amendment right to
post information on their Web site. They point out that in order
to understand and critique terrorist organizations, people must
be able to access and study the arguments of those groups. "Americans
have a right to inform themselves about any group, no matter how
abhorrent its positions. Acts in furtherance of terrorism are
prohibited; speech about it is not," the letter said. (See
full text of letter below)
The controversy began in April when a university official notified
the students who run Groundwork Books that they had violated the
Patriot Act by posting a link to the Web site of the Kurdistan
Workers Party. On Sept. 17, University Centers Director Gary R
Ratcliff told the Che Café Collective that its link to
the Web site of the Revolutionary Armed Forces of Columbia also
violated the law. Three days later, he informed Groundwork Books
that he was recommending that the bookstore be placed on probation
for one year and threatened to deny it the use of university facilities
if it ever linked to another foreign terrorist organization.
The FEN members who signed the Dynes letter are the American
Association of University Professors, the American Booksellers
Foundation for Free Expression, the American Civil Liberties Union,
the ACLU Foundation of San Diego and Imperial Counties, Feminists
for Free Expression, the First Amendment Project, the Freedom
to Read Foundation, the National Coalition Against Censorship,
the Online Policy Group and PEN American Center.
***************************************
October 8, 2002
Robert C. Dynes
Chancellor
University of California, San Diego
9500 Gilman Dr., MC 0005
La Jolla, CA 92903
Dear Chancellor Dynes,
News reports indicate that officials of the University of California
at San Diego have directed two student groups to remove links
from their Web sites to the Web sites of groups that the U.S.
State Department has identified as "terrorist organizations."
In addition, in a memo dated Sept. 20, University Centers Director
Gary R. Ratcliff proposes to punish Groundworks Books, a collective
that operates a bookstore, by placing it on probation for one
year and threatens to deny use of university facilities to the
group if it ever links to another foreign terrorist organization.
The undersigned organizations, members of the Free Expression
Network (www.freeexpression.org), object strongly to these reported
actions by the University because they proceed from a misconstruction
of relevant law which, if interpreted in this manner, would violate
the First Amendment.
In his letter to one of the groups, the Che Café Collective,
Ratcliff concludes that computer links to officially designated
terrorist groups are "material support" provided to
terrorist organizations in violation of the USA Patriot Act. Ratcliff's
definition of "material support" interprets the statute
substantially more broadly than necessary or appropriate. Creating
a link from one Web site to another merely makes it possible to
move between two locations on the Internet.
Moreover, a policy banning links to "terrorist organizations"
overlooks the possibility that such links may be created to educate
others about the existence of such organizations, their goals
and tactics. Americans have a right to inform themselves about
any group, no matter how abhorrent its positions. Acts in furtherance
of terrorism are prohibited; speech about it is not. Indeed, the
Patriot Act itself at several points explicitly exempts from investigation
any activity "conducted solely upon the basis of activities
protected by the first amendment to the Constitution." (See
Sections 214, 215, 501 and 505 of the Patriot Act.)
UCSD's interpretation would prevent any professor, student, or
campus news organization from using links for scholarly and reportorial
purposes. Those who wish to educate about, learn about, and work
to understand and critique such terrorist organizations must be
able to access, study and reveal the positions and arguments of
those groups. It is unconscionable to set such restrictions in
an educational setting where the search for truth and academic
freedom is supposed to receive the highest priority.
We urge the university to reaffirm the First Amendment rights
of the students, faculty and staff of the University of California
at San Diego by rescinding the orders that it has issued to the
students who run Groundwork Books and the Che Café.
Sincerely yours,
American Association of University Professors
American Booksellers Foundation for Free Expression
American Civil Liberties Union
ACLU Foundation of San Diego and Imperial Counties
Feminists for Free Expression
First Amendment Project
Freedom to Read Foundation
National Coalition Against Censorship
Online Policy Group
PEN American Center
cc: Richard Atkinson, President, University of California Joseph
W. Watson, Vice Chancellor, Student Affairs Gary R. Ratcliff,
University Centers Director
|
