ABFFE Joins Challenge to Vice President Cheney Over Secrecy

On Monday, ABFFE joined a coalition of public interest groups in urging a federal appeals court to order Vice President Cheney to reveal the names of the people who participated in meetings of an energy task force he appointed in 2001.

The Sierra Club sued Cheney when he refused to reveal any information about the operations of his National Energy Policy Development Group (NEPDG). There was speculation at the time that representatives of the oil and gas industry participated in the policy discussions of the group and offered advice to the government, which would make NEPDG subject to open meeting requirements of the Federal Advisory Committee Act (FACA). FACA was designed to eliminate the ability of special interest groups to secretly influence government by requiring full disclosure of the membership and proceedings of any advisory committees that include non-government personnel.

Cheney maintains that his task force is not an advisory committee and that being forced to reveal information about its operation would violate the separation of powers, undermining the executive branch's ability to solicit advice without interference by the courts. The amicus brief filed by ABFFE, the American Library Association, the Society of Professional Journalists and others proposes a compromise that would protect the separation of powers while maintaining public accountability. It asks the court to order Cheney to prepare a log indicating the dates of all meetings of the NEPDG with a list of who attended the meetings. If outsiders were involved, Sierra Club can then request the release of documents relating to their participation.

The amicus brief is available online here.


ABFFE Files Amicus Brief in Texas Textbook Censorship Case

On November 22, ABFFE filed a brief in another important First Amendment case challenging the Texas State Board of Education's decision to reject a highly regarded science textbook because it allegedly blames "Christianity, democracy, and industrialization [for] causing the so-called environmental ‘crisis.'" The challenge was filed after the board rejected Daniel Chiras' "Environmental Science: Creating a Sustainable Future." At a public hearing just prior to the vote, two conservative groups described the book as "anti-Christian" and "anti-free enterprise."

In their amicus brief, ABFFE, the Freedom to Read Foundation and the National Coalition Against Censorship argue that while the U.S. Supreme Court has granted local governments broad discretion in making curricular decisions, this does not extend to rejecting textbooks merely because they contain ideas that are unpopular. "A belief that it is acceptable to suppress information in service of a political, social or religious agenda endangers the integrity of academic inquiry and sends a dangerous message to students and teachers alike," the brief says.

The brief is online at here.


Judy Blume Recognizes ABFFE at National Book Awards

During a speech accepting the National Book Foundation's Medal for Distinguished Contribution to American Letters last month, Judy Blume, one of the nation's most frequently banned authors, recognized the efforts of four free speech advocates, including ABFFE President Chris Finan. Blume introduced Finan, Judith F. Krug of the American Library Association, Joan Bertin of the National Coalition Against Censorship (NCAC) and Pat Scales, a teacher, librarian and activist. She predicted that her "fab four" are "going to be busier in the next four years.... The urge to ban [books] spreads like wild fire...." She also urged her audience to join the fight to amend Section 215 of the PATRIOT Act by signing the Campaign for Reader Privacy petition. The petition was circulated before and after the ceremony.

Shortly after the awards, Bookselling This Week asked Finan to look ahead to the issues that will confront ABFFE, NCAC and the Freedom to Read Foundation (FTRF) in 2005. Finan was recently elected chair of the NCAC and a trustee of FTRF. To read the interview, click here.


Federal Court Strikes Down Arkansas Display Law

A federal judge has overturned an Arkansas law that would have forced booksellers to segregate books and magazines with sexual content in a section of their stores that is not accessible to minors. ABFFE, That Bookstore in Blytheville and others challenged the law on the grounds that it would make it difficult for adults and older minors to gain access to a wide range of constitutionally protected material, including novels and sex education books. The decision was expected after the Arkansas Supreme Court made several rulings that favored the plaintiffs in October.