Groups File Amicus in National Security Letters Challenge

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By Beverly Goldberg

The American Library Association, the Freedom to Read Foundation, and four other groups representing authors, bookstores, publishers, and professors filed an amicus brief (PDF file) August 1 supporting a 2004 federal court decision that declared national security letters unconstitutional.

In Gonzales v. Doe the U.S. government is appealing the earlier ruling that the secret administrative subpoenas—which can be used by the FBI to obtain transaction records from electronic communications service providers without judicial oversight—violate free-speech rights as well as the right to be free from unreasonable searches. The original lawsuit was filed by the American Civil Liberties Union on behalf of an internet service provider that received one of the letters.

In their amicus, the groups pointed out that although the original statute governing NSLs is aimed at phone companies and internet service providers, it could apply to nearly all public and university libraries, as well as many bookstores. Further, they add, the USA Patriot Act “substantially expanded the government’s authority to issue NSLs in ways that gravely threaten constitutionally protected expressive activity.”

Other groups joining in the amicus were the American Association of University Professors, American Booksellers Foundation for Free Expression, Association of American Publishers, and PEN American Center.

American Libraries, Fri, 08/12/2005 - 13:05