What?? Librarians to be allowed to speak out?? Can liberation be far behind?
A federal judge lifted a gag order Friday that shielded the identity of librarians who received an FBI demand for records about library patrons under the Patriot Act.
U.S. District Court Judge Janet Hall ruled in favor of the American Civil Liberties Union, which argued that the gag order prevented their client from participating in a debate over whether Congress should reauthorize the Patriot Act.
“It’s fabulous,” said ACLU Associate Legal Director Ann Beeson. “Clearly the judge recognized it was profoundly undemocratic to gag a librarian from participating in the Patriot Act debate.”
The ruling would allow the ACLU and its client to identify who received the request for records, but Hall stayed her decision until Sept. 20 to give the government a chance to appeal. Prosecutors said they were reviewing the decision and considering an appeal.
Prosecutors argue that the gag order blocked the release of the client’s identity, not the client’s ability to speak about the Patriot Act. They said revealing the client’s identity could tip off suspects and jeopardize a federal investigation into terrorism or spying.
Hall rejected the argument that the gag order didn’t silence the client.
“The government may intend the non-disclosure provision to serve some purpose other than the suppression of speech,” Hall wrote. “Nevertheless, it has the practical effect of silencing individuals with a constitutionally protected interest in speech and whose voices are particularly important in an ongoing national debate about the intrusion of governmental authority into individual lives.”
Hall also expressed concerns about the act, writing: “The potential for abuse is written into the statute: the very people who might have information regarding investigative abuses and overreaching are preemptively prevented from sharing that information with the public and with the legislators who empower the executive branch with the tools used to investigate matters of national security.”
Here’s a link to the ACLU site [here], and an excerpt:
Legal papers in the case, Doe v. Gonzales , reveal that the unnamed organization represented by the ACLU is a member of the American Library Association and possesses “a wide array of sensitive information about library patrons, including information about the reading materials borrowed by library patrons and about Internet usage by library patrons.”
A bad law gets a good ruling. McCarthyism once again is stopped by the Constitution.
Maybe I’ll sleep better tonight knowing that there may be ways to stop dubya from spying on me.
Several of the participants in the 9-11 plot are known to have used libraries in New Jersey for their regular communciations.