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Patriot Act Challenge Allowed to ProceedAlmost three years after initial arguments were presented, a federal judge in Detroit has refused the government’s request to dismiss a lawsuit by the American Civil Liberties Union challenging the constitutionality of the USA Patriot Act. The lawsuit, filed July 30, 2003, was the first legal challenge to the controversial antiterrorism act passed by Congress after the September 11 attacks.The ACLU filed the complaint on behalf of the Muslim Community Association of Ann Arbor and five other nonprofit Muslim charities, advocacy groups, and social service organizations. Specifically, the ACLU seeks to block Section 215 of the Patriot Act, which permits FBI access to books and documents via the secret Foreign Intelligence Surveillance Court in Washington, D.C. The charge contends that such behavior—including searches of library records—violates rights to privacy, due process, and free speech. The ACLU claims that the resultant chilling effect has stopped Muslims from attending mosque, making charitable donations, and expressing opinions. The government argued at a December 2003 hearing that Section 215 did not violate the Fourth Amendment, and asked for the suit to be dismissed. In March of this year, Congress amended the Patriot Act, prompting the Justice Department to state that any constitutional deficiencies had been corrected. Among the changes is the right of any institution receiving a governmental request for information to consult with a lawyer before providing materials—although the institution must wait one year before speaking publicly about the request. U.S. District Judge Denise Hood’s 15-page September 29 decision grants the ACLU 30 days to modify its original grievance to address the March amendments. Hood wrote that her ruling took “an extraordinary amount of time” and that “the issues raised on the complaint and in the government’s papers are important to us all.” Emily Sheketoff, director of the American Library Association’s Washington Office, told American Libraries, “The ALA continues to argue that aspects of the USA Patriot Act are unconstitutional and we will fight to get the changes made which will allow people to feel both safe and free.” Posted October 6, 2006. |
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