(continued)
Has John Ashcroft been reading Franz Kafka lately?
As I often do when Americans' freedom to read is imperiled, I called
Judith Krug, director of the Office for Intellectual Freedom of the
American Library Association. I've covered, as a reporter, many cases
of library censorship, and almost invariably, the beleaguered
librarians have already been on the phone to Judy Krug. She is the
very incarnation of the author of the First Amendment, James Madison.
When some librarians—because of community pressure or their own
political views, right or left—have wanted to keep books or other
material from readers, Judy has fought them. She is also the leading
opponent of any attempt to curb the use of the Internet in public
libraries.
As she has often said, "How can anyone involved with libraries stand
up and say, 'We are going to solve problems by withholding
information'?"
I called to talk with her about the FBI's new power to force
libraries to disclose the titles of books that certain people are
reading—and she, of course, knew all about this part of the USA
Patriot Act. And the rest of it, for that matter.
She told me how any library can ask for help—without breaking the gag
order and revealing a FISA visit from the FBI. The librarian can
simply call her at the American Library Association in Chicago and
say, "I need to talk to a lawyer," and Judy will tell her or him how
to contact a First Amendment attorney.
The reason the president and the attorney general have so far been
able to trade civil liberties for security is they know from the
polls that they can count on extensive support. Most Americans are
indeed willing to forgo parts of the Bill of Rights for safety.
Only by getting more and more Americans to realize that they
themselves—not just noncitizens—can be affected by these amputations
of the Bill of Rights will there be a critical mass of resistance to
what Ashcroft and Bush are doing to our liberties.
Accordingly, the press ought to awaken the citizenry not only to the
FBI's harvesting lists of what "suspect" Americans read, but also to
the judicial silencing of bookstores and libraries that are being
compelled to betray the privacy and First Amendment rights of
readers.
I would welcome any advice from civil liberties lawyers on ways to
counter both this provision of the USA Patriot Act and the gag order,
which is the sort of silencing you'd expect of China or Iraq.
Remember the repeated assurances by the president, the attorney
general, and the secretary of defense that any security measures
taken in the war on terrorism would be within the bounds of the
Constitution?
Whose Constitution?
George Orwell said: "If large numbers of people believe in freedom of
speech, there will be freedom of speech even if the law forbids it.
But if public opinion is sluggish, inconvenient minorities will be
persecuted, even if laws exist to protect them."
Today, the public doesn't even know about this provision in the
strangely titled USA Patriot Act. A lot of people are still afraid to
get on a plane. Is Ashcroft fearful that if people find out about his
interest in what they're reading, they'll be afraid to go to
libraries and bookstores—and will start asking questions about what
the hell he thinks he's doing? And where is Congress?