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Judge Hears First Legal Challenge to Patriot ActA U.S. district judge in Detroit heard arguments December 3 in the first legal challenge to the USA Patriot Act. The lawsuit, filed by the American Civil Liberties Union in July on behalf of the Muslim Community Association of Ann Arbor and five other groups, claims that section 215 of the law violates citizens’ and residents’ rights to privacy, due process, and free speech by allowing the FBI to search library, business, and bookstore records in terrorist investigations without publicly disclosing that it has done so.ACLU Associate Legal Director Ann Beeson argued that the range of materials that could be sought under the Patriot Act was “limitless,” the Associated Press reported December 4. “It could even be used to demand a personal journal from an individual,” she said. Justice Department lawyer Brian Boyle called section 215 an essential weapon that would be narrowly used against national security threats. “There can be no second-guessing Congress that this is an essential tool in the counterterrorism effort,” he said. Boyle called for the case to be dismissed, claiming that because the provision has never been used, there is no basis for the plaintiffs’ complaints. The American Library Association’s Washington Office is following the case very closely, said its Executive Director Emily Sheketoff. “The ACLU’s concerns mirror our concerns,” she noted, adding that “If an appropriate opportunity presents itself, we would suggest that the [ALA] Executive Board join in an amicus brief.” Sheketoff said that a coalition of ALA and other organizations attempted unsuccessfully to insert a provision into the House Commerce-Justice-State Appropriations bill that would have reinstated the previous standard for government access to library records. The bill is part of an omnibus appropriations package now under consideration by Congress. The issue will be taken up again in the 2004 congressional session, she said. Posted December 8, 2003. |
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