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ACLU ASKS MEMBERS TO ACT As Congress Considers New Law Enforcement Powers
Ruling in an ACLU case, a federal court has struck down a Patriot Act provision that gives the government unchecked authority to issue "National Security Letters" to obtain sensitive customer records from Internet Service Providers and other businesses without judicial oversight.
"This is a landmark victory against the Ashcroft Justice Department’s misguided attempt to intrude into the lives of innocent Americans in the name of national security," said ACLU Executive Director Anthony D. Romero. "Even now, some in Congress are trying to pass additional intrusive law enforcement powers. This decision should put a halt to those efforts."
The ruling is the first to strike down any of the vast new surveillance powers authorized by the Patriot Act. Saying that “democracy abhors undue secrecy,” Judge Victor Marrero of the Southern District of New York struck down Section 505 of the law on the grounds that it violates free speech rights under the First Amendment as well as the right to be free from unreasonable searches under the Fourth Amendment.
At the very moment Judge Marrero issued his decision, members of Congress were debating whether to give the government additional Patriot Act-type powers. The debate over new law enforcement powers came as Republican leaders in the House and Senate engaged in a game of political marksmanship with Democrats. The ultimate loser could very well likely be our rights.
Over the next few weeks, Republican House and Senate leaders are expected to bring the question of new law enforcement powers and several other controversial measures to a vote. You can make a difference today by taking action and sharing this information with your friends, family, colleagues and neighbors.
Now is the time to spread the word and get more people involved. You can help us defeat these blatant attacks on our rights by forwarding this e-mail to your friends and urging them to take action right now.
Following are short descriptions of several dangerous measures now being considered by Congress and a link you can use to contact your Members of Congress and urge them to protect your freedoms.
The proposed House bill to implement the intelligence reforms suggested by the 9/11 Commission would drastically curtail basic fairness in the nation’s immigration system and expand government powers under the PATRIOT Act.
The "Flag Protection Amendment" (S.J. Res. 4) would amend the Constitution to give Congress the power to criminalize any "physical desecration" of the American flag. Our margin of victory is slim so it is critical that your Senators hear from you!
Rep. Marilyn Musgrave (R-CO) and Sen. Wayne Allard (R-CO) have introduced the Federal Marriage Amendment, which in its current form would deny marriage rights to all same-sex and unmarried couples, and prevent state and federal courts from conferring any of its legal benefits. The House is expected to vote on this amendment this week.
The "Pledge Protection Act of 2003" would forbid all federal courts -- including the U.S. Supreme Court -- from reviewing cases involving the Pledge of Allegiance. Passage of any of this and other similar court-stripping measures would establish a dangerous precedent for Congress to respond to court decisions with which they disagree by eliminating proper judicial review of legislation.
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