POLICE STATE / MILITARY - LOOKING GLASS NEWS | |
Libraries lose appeal of Patriot Act gag |
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from CNN.com
Entered into the database on Sunday, October 09th, 2005 @ 12:34:23 MST |
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Supreme Court justice refuses to intervene Connecticut libraries lost an emergency Supreme Court appeal on Friday
in their effort to be freed from a gag order and participate in a congressional
debate over the Patriot Act. Justice Ruth Bader Ginsburg denied the appeal and offered an unusually detailed
explanation of her decision. Ginsburg said the American Civil Liberties Union had made reasonable arguments
on behalf of its client, identified in a filing as the Library Connection, an
association of libraries in Connecticut. However, Ginsburg said that the New York-based 2nd U.S. Circuit Court of Appeals
should be given time to consider whether the Patriot Act, and its requirement
of secrecy in records demands, is unconstitutional as applied to the libraries.
"A decision of that moment warrants cautious review," she said. The ACLU, with backing from the American Library Association, argued that a
gag order prevents its client from taking part in debate on Capitol Hill about
the Patriot Act, which was passed shortly after the 2001 terror attacks. Some
key provisions expire at the end of the year. A federal judge said that the gag order on the libraries had silenced people
"whose voices are particularly important in an ongoing national debate
about the intrusion of governmental authority into individual lives." The 2nd circuit put the decision on hold, and Ginsburg was asked to intervene.
Turning down that request, Ginsburg said she expected the appeals court to
hear arguments in the government's appeal and rule "with appropriate care
and dispatch." Arguments are Nov. 2. The case could still return to the Supreme Court. The Patriot Act authorized expanded surveillance of terror suspects, increased
use of material witness warrants to hold suspects incommunicado and secret proceedings
in immigration cases. Much of the Supreme Court appeal, filed earlier this week, was classified and
blacked out. The Bush administration's published response consisted of blank
pages. A filing by the American Library Association and other groups included some
details, as did Ginsburg's seven-page opinion. She said that the library association
member received an FBI demand for records but was told that it would be illegal
to tell anyone about it. The group sued on free-speech grounds so that it could take part "in the
current debate -- both in Congress and among the public -- regarding proposed
revisions to the Patriot Act," according to Ginsburg. Federal prosecutors have maintained that secrecy about records demands is necessary
to keep from alerting suspects and jeopardizing terrorism investigations. Ann Beeson, the ACLU lawyer handling the case, said Friday that they would
continue their legal fight. "Ultimately, we believe that this broad power, which allows the government
to seize library and Internet records without judicial authorization, is unconstitutional
and offensive to American democracy," she said. The emergency appeal was filed with Ginsburg because she handles cases from
the 2nd Circuit. |