ABFFE UPDATE

January 14, 2009 Previously in ABFFE Update Volume 11, Number 1

Booksellers Concerned by Oregon Decision

The American Booksellers Foundation for Free Expression (ABFFE) is concerned by a federal judge's recent decision upholding an Oregon law that could restrict the sale of books, magazines and other material to minors. In April, ABFFE joined six Oregon booksellers and others in challenging the law because it lacks the procedural safeguards that have been written into the laws of every other state in compliance with U.S. Supreme Court decisions. However, U.S. District Court Judge Michael W. Mosman declared in an opinion issued on Dec. 12 that the Oregon law contains provisions that offer comparable protections. "We disagree with Judge Mosman," ABFFE President Chris Finan said. "We believe that the Oregon law does not provide the explicit guidelines that booksellers and others need in determining whether they may be committing an illegal act."

Attorneys for the plaintiffs will meet soon to decide whether to appeal the decision to the U.S. Court of Appeals for the Ninth Circuit.

The Oregon booksellers participating in the challenge are Powell's Books, Annie Bloom's Books, St. John's Booksellers and 23rd Avenue Books, all located in Portland; Paulina Springs Books, which has stores in Sisters and Redmond, and Colette's Good Food + Hungry Minds in North Bend.

Click here to read more.
 

Second Circuit Restricts Patriot Act Gags

In December, the U.S. Court of Appeals for the Second Circuit established important restrictions on the power of the federal government to impose gag orders on recipients of National Security Letters (NSLs). Currently, the recipient of an NSL cannot challenge a gag order for one year, and the chances for success are limited by a provision of the law that requires judges to regard as "conclusive" government assertions that secrecy is necessary to protect national security. The Second Circuit ruled that these provisions limit First Amendment rights. "The NSL ruling is an important step toward reestablishing the First Amendment rights that the Patriot Act took away," ABFFE President Chris Finan said.

ABFFE joined the American Library Association, the Association of American Publishers, the American Association of University Professors, the Freedom to Read Foundation and PEN American Center in filing an amicus brief in the case. The brief is available here.

Click here to read more.
 

Booksellers to Speak about Free Speech as Business Strategy at Winter Institute Program

Three booksellers who have taken a leading role in the fight for free speech will discuss their experiences and ways that defending the First Amendment can be part of business strategy during a Winter Institute program, "Making Free Speech Pay," Saturday, January 31, 11:30 a.m. to 1:00 p.m. Nancy Simpson of The Book Vault in Oskaloosa, IA, Elizabeth Houghton-Barden of Big Hat Books in Indianapolis, and Cathy Langer of Tattered Cover Book Store in Denver will speak about their experiences confronting free speech issues in their communities. Sponsored by ABFFE, the program will demonstrate how speaking out on First Amendment issues, participating in Banned Books Week, and organizing programs on current free speech issues have attracted people to their stores, built customer loyalty, and positioned them to effectively confront censorship issues that may arise in their communities. ABFFE President Chris Finan will moderate the discussion.

ABFFE Book of the Month for January is "Free Expression and Democracy in America: A History"

The ABFFE Book of the Month for January is Free Expression and Democracy in America: A History by Stephen M. Feldman (University of Chicago Press), 978-0226240664. From the 1798 Sedition Act to the war on terror, presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression. If the connection between democracy and the freedom of speech is such a vital one, why would so many governmental leaders seek to quiet their citizens? Free Expression and Democracy traces two rival traditions in American culture-suppression of speech and dissent as a form of speech-to provide an unparalleled overview of the law, history, and politics of individual rights in the United States.

Click here to read an interview with the author.

To read about recent ABFFE Book of the Month selections, click here.


Show Your Support for Freadom!

ABFFE's popular "freadom" t-shirts, buttons, bookmarks, bumper stickers and more are available during Banned Books Week and all year round. 

To order online, visit the ABFFE store.