Bernie Uses Guerilla Tactic to Fight PATRIOT
Act Searches
Opponents of Section 215 of the PATRIOT Act will fight a major battle in the House of
Representatives next week when Rep. Bernie Sanders (I-VT) introduces an amendment to an
appropriations bill that funds the Justice Department barring the department from using
any of the money to search bookstore and library records under Section 215 of the PATRIOT
Act. Sanders has been unable to persuade House leaders to hold a hearing on his Freedom to
Read Protection Act (H.R. 1157), which exempts bookstores and libraries from searches
under Section 215. If passed by the House and accepted by the Senate, his Freedom to Read
Amendment would have the same effect. H.R. 1157 was introduced in March 2003 and is
co-sponsored by 145 House members in both parties.
The American Booksellers Association and other book industry groups are urging their
members to call Congress on Tuesday and ask their representatives to support the
Sanders-Paul-Conyers-Otter-Nadler Freedom to Read Amendment to the Commerce, Justice,
State Appropriations (CJS) Bill. In addition to Sanders, the CJS amendment is co-sponsored
by Rep. Ron Paul (R-TX), Rep. John Conyers, Jr. (D-MI), C.L. "Butch" Otter
(R-ID) and Rep. Jerry Nadler (D-NY).
After making a call, booksellers and others should immediately fax a follow-up note on
letterhead, if possible.
To look up a representative's contact information, use the "Contact Congress"
feature on the Campaign for Reader Privacy Web site,
or consult the House Web site.
Booksellers Win Internet Case in U.S. Supreme Court
The American Booksellers Foundation for Free Expression (ABFFE) hailed the U.S. Supreme
Court decision June 29 barring enforcement of the Child Online Protection Act (COPA), a
federal law that would have prevented booksellers from posting First Amendment-protected
material on their Web sites if it is "harmful to minors." ABFFE, Powell's Books
in Portland, Oregon, A Different Light Bookstore in San Francisco and West Hollywood, and
City Lights Bookstore in San Francisco joined a broad group of plaintiffs in arguing that
the law violated the free expression rights of adults. In a 5-4 decision, the Supreme
Court upheld the injunction barring enforcement of the law and remanded the case for
further consideration.
Although the Supreme Court declared that COPA probably violates the First Amendment, it
postponed a final decision until a lower court determines whether the provisions of the
law-–for example, the requirement that adults obtain passwords to access
"harmful" material-–are more effective in preventing minors from seeing
explicit sexual material than software filters that can be installed by parents. This will
not be easy for the government to prove for a number of reasons, including the fact that
much of the explicit material on the Internet is posted on foreign Web sites that are not
subject to American law.
ABFFE Joins Protest Over
PATRIOT Act Investigation of Artist
On June 17, ABFFE joined the National Coalition Against Censorship, the American
Association of University Professors, the College Art Association and other organizations
in issuing a statement expressing grave concern over the federal investigation of Steve
Kurtz, a Buffalo-based artist whose work with the group Critical Art Ensemble combines
science and art. Kurtz was suspected of violating a provision of the PATRIOT Act that bans
the possession of potentially dangerous biological substances. He planned to use the
substances, including e. Coli bacteria, in his art projects.
The statement, which emphasized the free speech implications of the investigation, said,
“Targeting scholars and artists like Steve Kurtz does not counter terrorism so much
as inhibit intellectual and creative activities. The ‘war on terrorism’ could
stretch into the indefinite future: we cannot afford to suspend intellectual and creative
freedom for its duration.” To read the statement, click here.
Although the government no longer suspects Kurtz of being a terrorist
or violating the PATRIOT Act, he was indicted Tuesday on four counts of illegally
obtaining biological substances. The U.S. Attorney claims that he used fraud in acquiring
the material.
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