The American Booksellers Foundation for Free Expression took the next step in its effort to find out how many subpoenas have been issued for bookstore records under the USA Patriot Act. On Oct. 24, it joined three other groups in suing the Justice Department under the Freedom of Information Act (FOIA). The Justice Department has not replied to a FOIA request for the information that was filed in August by ABFFE, the American Civil Liberties Union (ACLU) and the Electronic Privacy Information Center (EPIC). The American Library Association's Freedom to Read Foundation (FTRF) is the other plaintiff in the lawsuit, which was filed in U.S. District Court in Washington.

In addition to the number of bookstore and libraries subpoenas, the lawsuit seeks information about how the Justice Department is employing its vastly expanded power to conduct searches and electronic surveillance. Under the Patriot Act, the FBI can obtain court orders to monitor anyone it thinks may have information relevant to a foreign intelligence investigation, including American citizens who are not suspected of engaging in criminal acts.

ABFFE has joined the Southeast Booksellers Association and members of Media Coalition in challenging another state law that bans the display of First Amendment-protected material on the Internet. The South Carolina law prohibits any depiction of nudity or sexual conduct that is "harmful to minors." ABFFE has joined in lawsuits challenging similar statutes in six states. It has succeeded in invalidating laws in New Mexico and New York and has prevailed in preliminary proceedings in Arizona, Ohio, Vermont and Virginia.

ABFFE is also a plaintiff in the challenge to the latest federal Internet censorship law, the Child Online Protection Act (COPA). On Oct. 29, the Third Circuit Court of Appeals heard a new round of oral argument over the constitutionality of COPA. The court had previously upheld a lower court finding that the law violates the First Amendment. However, when the case was appealed, the U.S. Supreme Court rejected the reasoning of the court and sent the case back for further argument. It is expected to reach the Supreme Court again soon.

What do you get someone who has everything? Give them a front row seat in the fight for free speech by making them a member of ABFFE, the bookseller's voice in the fight against censorship. ABFFE is offering introductory memberships for $15–a 70 per cent discount on the cost of an individual membership. New members receive ABFFE's handsome membership pin, the ABFFE handbook, "Censorship and First Amendment Rights," an ABFFE poster and a T-shirt celebrating the victory of the Tattered Cover Book Store in its fight to protect bookstore confidentiality. All ABFFE members also receive ABFFE Update.

To give an introductory membership, go to the ABFFE Store on the ABFFE Web site, www.abffe.com, and click on "ABFFE Membership." You can also call ABFFE at (212) 587-4025.