Text Box: The Freedom to Read Protection Act

Seminole County Library System - East Branch - Oviedo, Florida

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The Freedom to Read Protection Act (H.R. 1157) is a bill that would exempt libraries and booksellers from the provision of the USA Patriot Act that allows the federal government to access records without a traditional search warrant. This legislation was originally introduced in the House of Representatives, March 6, 2003, and was proposed by Rep. Bernie Sanders (I-Vt.). The USA Patriot Act was a direct response to the terrorist attack on the United States on September 11, 2001. The Act was signed into law on October 26, 2001, and was intended to broadly define “domestic terrorism”, and broaden the authority of domestic investigative agencies in the interest of providing added security and protection for the citizens of the United States. However, this broadening of authority has raised concerns, specific to libraries, regarding potential infractions of patron’s First Amendment or privacy rights. The Patriot Act considerably expanded the power of another Act, the Foreign Intelligence Surveillance Act or FISA. Specifically, Section 215 of the Patriot Act expands the definition of ‘business records” that FISA defines, to include “any relevant or tangible item”. This impacts libraries directly as it could include books, circulation records, and electronic records of Internet searches made in libraries. If the request for this information is made under the Patriot Act, the request must be kept secret; additionally the request for the library record can be authorized without the traditional finding of “probable cause” – without a search warrant. In this scenario, the FBI asserts that the information is needed as part of an investigation relating to terrorism, and this assertion is done in a secret proceeding before the Foreign Intelligence Surveillance court.

Audience

This pathfinder is designed to assist students in researching the topic of The Freedom to Read Protection Act, and related topics such as the USA Patriot Act, and National Security Letters. The pathfinder also provides direction relating to the U.S. Government, and resources to find information relating to Congress and the processes of how this bill was presented, debated, defeated, re-introduced, and defeated again. The pathfinder is designed for use in the Seminole County Public Library, East branch. This library branch is utilized by several local middle and high schools, both public and private, as well as by many home-schooled students.

Using the Pathfinder

In an effort to understand the topic, The Freedom to Read Protection Act, it is important for there to be understanding about the events that led to this legislation being introduced. Therefore, in this Pathfinder are resources for information about terrorism, the USA Patriot Act, as well as the United States Congress and its role as the legislative branch of the United States government. The information and direction provided leads the learner in finding information in these areas, and how they relate to the Freedom to Read Protection Act.

Library of Congress Classification:

Subclass J Political Science

J (1)-981 General legislative and executive papers

Subclass K Law

K1-7720 Law in general. Comparative and uniform law. Jurisprudence

K3400-3431 Administrative Law

Subclass Z Bibliography, Library Science, Information Resources

Z Z662-1000.5 Libraries

Z657-659 Freedom of the press. Censorship

Library of Congress website: http://www.loc.gov/index.htmlof Congress Home

Reference Resources

The reference sources listed below are found in the ready reference and reference sections of the Seminole County Library, East Branch, Oviedo, Florida. These sources are for foundation building information relating to the U.S. Government, Congress, terrorism, and the USA Patriot Act. For the information to be pertinent to this subject, most reference sources used were from 2001 to the present.

Encyclopedia Sources

Critchlow, D. (Ed.) (2003). Encyclopedia of American history. New York: Facts on File, Inc.

Call number: R973.03 Enc Index Search: Terrorism

Faragha, J. (Ed.) (1998).The American heritage encyclopedia of American history. New York: Henry Holt & Company.

Call number: R973.003 Ame Index search: Patriot Act

(2008). World book encyclopedia. Chicago, IL: World Book, Inc.

Call number: R031 Wor Index Search: Patriot Act; also see Civil Rights (the war on terrorism); Sept. 11 terrorist attacks

Dictionaries

Garner, B. (Ed.) (2004). Black’s law dictionary, 8^th edition. St. Paul, MN: Thomson West.

Call number: R340.03 Bla Index Search: USA Patriot Act, Terrorism, Congress

Kutler, S. (Ed.) (2003). Dictionary of American history, 3^rd edition. New York: Thompson Gale.

Call number: R973.03 Dic Index Search: Bush, George W., War on Terror, Congress

Other Reference Sources

Finkelman, P. (Ed.) (2008). Milestone documents in American history. Dallas, TX: Schlager Group Inc.

Call number: R973 Mil Index Search: Patriot Act, Congress

Lieberman, J. (1992). The evolving constitution. New York: Random House

Call number: R342.730 2 Lie Index Search: Checks and balances

Print Materials

To locate these general print sources, a search in the Seminole County Library online library catalog, Seminole County Public Library ,

was conducted using the search term “USA Patriot Act”.

Friedman, L. (2006). The Patriot Act: an opposing viewpoints guide. Detroit, MI: Greenhaven Press.

Call Number: 345.7302 Pat ISBN: 0737735252

School Library Journal Review
Gr 9 Up These titles offer different twists on the publisher's pro-and-con approach to controversial issues. The first book uses the Patriot Act to present instruction on writing a critical essay. In the first section, six articles accompanied by pictures, graphs, and political cartoons debate the legality of and the effect of the legislation on immigrants. One of the articles is taken directly from Louise Gerdes's The Patriot Act (Gale, 2005). The second section is divided into three model essays and guided exercises. The appendixes provide facts about the Patriot Act, discuss Finding and Using Sources of Information, demonstrate how to cite works in MLA style, and suggest possible essay topics. The second volume examines civil liberty and war via political cartoons. Although the first illustration is dated 1863, the book is not a historical overview 10 of the 16 cartoons are based on the recent threat of and war on terror. A contextual explanation, the artist's name, and the place and time of original publication follow each illustration. The third book presents the origin of the Fourth Amendment and traces the evolution of its meaning through primary documents and scholarly articles. While some of the articles may be too sophisticated for teens, they clearly demonstrate how interpretation and application of this amendment have changed over time. Supreme Court cases involving the Fourth Amendment are listed and summarized in an appendix. All three volumes contain substantial lists for further reading and lists of organizations to contact regarding civil liberties. Joanne K. Cecere, Monroe-Woodbury High School, Central Valley, NY Copyright � Reed Business Information, a division of Reed Elsevier Inc. All rights reserved. Copyright Reed Business Information

Miller, D. (2007). The Patriot Act. Detroit, MI: Lucent Books.

Call number: 345.7302 Mil ISBN: 1590189817

Susan Shaver (Library Media Connection, January 2008)
appropriately named, this new series addresses current and timely topics for students' personal information, discussion, or research. Each title's in-depth, detailed presentation includes information on the subject and the many facets, challenges, and controversies relating to it. Copious examples, numerous quotes, citation of actual cases of hate crimes through history, and issues arising with the Patriot Act are presented with balanced viewpoints through primary and secondary sources. Many photos, both b&w and color, add emphasis, support, and insight into the seriousness of each topic. The informative and well-written text accompanied by numerous fact boxes prominently placed throughout both titles, photo captions, and statistics provide a balance of information for critical evaluation by readers. This allows them to arrive at an understanding of the evil of hate and the impact of the Patriot Act. A detailed notes section, list of discussion questions, contact information, Web addresses, and inclusive index complete these worthwhile texts. Recommended. 2007, Lucent Books (Thomson Gale), 112pp. Ages 12 to 18.

Database and Online Journal Articles

The Seminole County Public Library offers many online database sources and indexes on the library website. To use these sources one must have an active Seminole County Public Library card, log onto the website, then to online reference resources. The databases and indexes listed below can be accessed remotely. The ability to access these articles provides the opportunity for current information and authoritative sources to be used in research on current issues. This topic, The Freedom to Read Protection Act, is so current, the bulk of our sources directly referencing the topic were in journal articles and web resources.

Search terms used included: Freedom to Read Protection Act, USA Patriot Act, National Security Letters, Library, Intellectual Freedom, and Federal Legislation.

ERIC

Eric has over 1.2 million abstracts of documents and journal articles on education research and practice. ERIC provides access to ERIC Document and Journal citations from 1966 to the present.

Gale Info Trac

OneFile: Full-text index database of news and periodical articles. It indexes over 8,000 periodical titles as well as newspapers and wire services.

Expanded Academic ASAP: Is useful for high school students, public libraries, and the undergraduate student. It indexes over 3,700 titles, of which 2,000 are full-text.

Both indexes have good searching capability and the ability to limit searches by full text, refereed publications, by date and by journal article.

Albanese, A., Blumenstein, L., DiMattia, S., Oder, N., & Rogers, M. (July 2003). Library and Bookseller Protection Act. (National/International News). Library Journal, 128, 12. p.25(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Albanese, A., & Oder, N. (April 1, 2003). Bill offers patriot act exemption: measure would protect library and bookstore records from FBI. (News). Library Journal, 128, 6. p.20(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Audit: FBI misused USA Patriot Act.(U.S. & International)(Federal Bureau of Investigation, United States of America). (April 2007). American Libraries, 38, 4. p.20(2). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Bill to exempt libraries form Patriot Act introduced. (News Fronts Washington). (April 2003). American Libraries, 34, 4. p.15(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Book Groups reiterate readers' privacy rights.(U.S. & International)(American Library Association, the American Booksellers Association Foundation for Free Expression, the Association of American Publishers, the American Association of University Professors, the Freedom to Read Foundation, and PEN American Center)(Brief article). (May 2008). American Libraries, 39, 5. p.28(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Congressman seeks to rescind Library Patriot Act provisions. (News Fronts Washington). (Feb 2003). American Libraries, 34, 2. p.12(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Eberhart, G M (May 2003). Libraries cope creatively with the Patriot Act. (News Fronts). American Libraries, 34, 5. p.20(2). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Gorman, M. (April 2006). American Library Association expresses disappointment in USA PATRIOT Act compromise. Computers in Libraries, 26, 4. p.42(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Kaser, D. (Sept 2003). World Library Congress denounces USA PATRIOT Act.(Report From the Field)(Brief Article). Information Today, 20, 8. p.1(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Letters of the law: no warrant? No problem.(Citings). Reason, 39, 2. p.6(1). Retrieved November 21, 2008, from General OneFile via Gale:
e: © 2008 Gale, Cengage Learning.

Newcomb, D. (Oct 2002). What every librarian needs to know about the USA Patriot Act. (Public Policy). Information Outlook, 6, 10. p.38(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

NSL Reform Act introduced.(U.S. & International)(National Security Letters Reform Act of 2007 )(Brief article). (Sept 2007). American Libraries, 38, 8. p.25(2). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

NSL provision ruled unconstitutional.(U.S. & International)(National Security Letters)(Brief article). (Oct 2007). American Libraries, 38, 9. p.27(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Oder, N. (May 1, 2007). FBI won't reveal NSLs at libraries.(Federal Bureau of Investigation on National Security Letters )(Brief article). Library Journal, 132, 8. p.14(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Oder, N. (Sept 1, 2003). New bills in Congress would scale back USA PATRIOT Act: also, Sanders's bill gains ground, first Patriot Act lawsuit filed; Ashcroft defends law, FL ACLU sends posters. Library Journal, 128, 14. p.16(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Oder, N. (Feb 1, 2004). Report: protect library records: commission suggests higher threshold for Patriot Act searches. Library Journal, 129, 2. p.16(2). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Oder, N. (April 1, 2007). Criticism over patriot act use: still, Justice Department says library controversy caused hesitation.(lj news). Library Journal, 132, 6. p.14(2). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Patriot Act's library provisions examined in congressional hearings. (June-July 2005). American Libraries, 36, 6. p.17(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Patriot Act revision urged.(National Security Letters Reform Act)(Brief article). (April 7, 2008). Publishers Weekly, 255, 14. p.11(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Peters, C. (July-August 2006). That's the sound of the country crying uncle. Washington Monthly, 38, 7. p.7(1). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Weigel, D. (June 2007). Right all along, unfortunately: the "Chicken Littles" win the civil liberties debate.(Column). Reason, 39, 2. p.12(2). Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Woolwine, D E (Sept 2007). Libraries and the balance of liberty and security. Library Philosophy and Practice, p.1. Retrieved November 21, 2008, from General OneFile via Gale: © 2008 Gale, Cengage Learning.

Issues & Controversies

Facts.com online is a source of up-to-date, in-depth and objective information on the most prominent and hotly debated issues of the day. Chronologies, illustrations, maps, tables, sidebars, bibliographies, and contact information augment the balanced, accurate coverage of current and historical events.

Web Resources

-THOMAS was launched in January of 1995, at the inception of the 104^th Congress. The leadership of the 104^th Congress directed the Library of Congress to make federal legislative information freely available to the public. Thomas provides legislative information from the Library of Congress. Thomas Provides information online and searchable in the following areas: Bills and Resolutions, Activity in Congress, Congressional Record Schedules, Calendars, Committee Information, Presidential Nominations, Treaties, Government Resources for Teachers, Help, and Contact Information.

http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.r.1157:

-Freedom to Read Protection Act of 2003 (Introduced in House) HR1157

http://fas.org/irp/congress/2003_cr/hr1157.html

-GovTrack.us is an independent tool to help the public research and track the activities in the U.S. Congress, promoting government transparency and civic education through novel uses of technology.

http://www.govtrack.us/congress/bill.xpd?bill=h108-1157

http://www.govtrack.us/congress/bill.xpd?bill=h109-1157&tab=summary>

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Karen Kaufmann 12.01.2008