A resolution concerning the protection of students’ civil rights in the wake of the passage of the USA PATRIOT Act
University of Texas at Austin Student Government
WHEREAS: The United States Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act; Public Law 107-56) on October 25, 2001, championed by US Attorney General John Ashcroft;
WHEREAS: The 4th amendment of the Bill of Rights establishes:
1. The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no warrants shall issue, but upon probable
cause, supported by oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized.
2. WHEREAS: According to Mayor Pro Tem Jackie Goodman’s Austin City Council resolution regarding the PATRIOT Act, “fundamental rights granted by the United States Constitution are threatened by actions taken at the federal level, notably by passage of certain sections of the ‘U.S.A. P.A.T.R.I.O.T. Act,’ other acts and executive orders which, among other things:
Grant potential unchecked powers to the Attorney General and the U.S. Secretary of State to designate legal domestic groups as “terrorist organizations” by overly broad definitions, and implying restrictions to Constitutionally protect First Amendment rights of speech and assembly by reference, such as political advocacy or the practice of a religion; while lifting administrative regulations on covert, surveillance counter-intelligence operations;
Violate the First and Fourth Amendments to the Constitution through the expansion of the government’s ability to wiretap telephones, monitor e-mail communications, survey medical, financial and student records, and secretly enter homes and offices without customary administrative oversight or without showing probable cause;
Give law enforcement expanded authority to obtain library records, and prohibits librarians from informing patrons of monitoring or information requests;
Violate the Fifth, Sixth and Fourteenth Amendments to the Constitution in establishing secret military tribunals, and in subjecting citizens and non citizens to indefinite detention without being allowed an attorney, without being brought to trial, and without even being charged with a crime;
Authorize eavesdropping on confidential communications between lawyers and their clients in federal custody;”
WHEREAS: In the October 1997 edition of Global Issues, available as Vol. 2, No. 4 of the USIA Electronic Journal, then Senator John Ashcroft (R-MI) wrote in an article entitled, “Keep Big Brother’s Hands Off the Internet,”
The FBI wants access to decode, digest and discuss financial transactions, personal e-mail, and proprietary information sent abroad – all in the name of national security…This proposed policy raises obvious concerns about American’s privacy…The protections of the Fourth Amendment are clear. The right to protection from unlawful searches is an indivisible American value. Two hundred years of court decisions have stood in defense of this fundamental right. The state’s interest in crime-fighting should never vitiate the citizens’ Bill of Rights…
The (Clinton) administration’s interest in all e-mail is a wholly unhealthy precedent, especially given this administration’s track record on FBI files and IRS snooping. Every medium by which people communicate can be subject to exploitation by those with illegal intentions. Nevertheless, this is no reason to hand Big Brother the keys to unlock our e-mail diaries, open our ATM records, read our medical records, or translate our international communications…
WHEREAS: Eva Poole, President of the Texas Library Association, the oldest and largest organization representing Texas libraries, including university and academic libraries, stated in a personal e-mail by request:
The USA PATRIOT Act is just one of several troubling policies that compromise the public's privacy rights. Enhanced surveillance powers permitted under the provisions of the Act license law enforcement officials to peer into Americans' most private reading, research, and communications. Several of the Act's provisions not only violate the privacy and confidentiality rights of those using public libraries, but take no consideration of constitutional checks and balances as it authorizes intelligence agencies to gather information in situations that may be completely unconnected to a potential criminal proceeding.
Librarians do not know how the USA PATRIOT Act and related measures have been applied in libraries because the gag order bars individuals from making that information public. Equally troubling is the fact that librarians are not allowed to comment on FBI visits to examine library users' Internet surfing and book-borrowing habits. I oppose any use of governmental power to suppress the free and open exchange of knowledge and information.
WHEREAS: The Student Governments of the University of California at Berkeley and Santa Barbara, University of Alaska Fairbanks, University of Washington, Washington State University, University of Wisconsin and Southern Oregon University have passed resolutions denouncing the USA PATRIOT Act;
THEREFORE BE IT RESOLVED that the Student Government of the University of Texas at Austin has been, and remains, absolutely committed to the protection of civil rights and civil liberties for all of its students and affirms its commitment to embody democracy and to embrace, defend, and uphold the inalienable rights and fundamental liberties granted to students under the United States and Texas Constitutions;
BE IT FURTHER RESOLVED that the Student Government of the University of Texas at Austin firmly calls upon the Austin Police Department, University of Texas Police Department, Federal Bureau of Investigation and Joint Terrorism Task Force to refrain from and, in certain cases, discontinue the surveillance of individuals, groups of individuals, and organizations based solely on their participation in activities protected by the First Amendment to the United States Constitution, such as political advocacy or the practice of a religion without reasonable and particularized suspicion of criminal conduct unrelated to the activity protected by the First Amendment of the United States Constitution;
BE IT FURTHER RESOLVED that Student Government respectfully requests that Dr. Fred Heath, Vice Provost of General Libraries, direct all UT libraries to post in a prominent place within the library a notice as follows:
“WARNING: Under Section 215 of the federal USA PATRIOT Act (Public Law 107-56), records of books and other materials you borrow from this library may be obtained by federal agents. This law also prohibits librarians from informing you if records about you have been obtained by federal agents. Questions about this policy should be directed to Attorney General John Ashcroft, Department of Justice, Washington, DC 20530.”;
BE IT FURTHER RESOLVED that the Student Government of the University
of Texas at Austin commits to organizing a forum addressing student
privacy concerns consisting of a panel of relevant administrators
and community members;
BE IT FURTHER RESOLVED that the Student Government of the University
of Texas at Austin firmly calls upon UTPD to preserve and uphold
students’ freedom of speech, assembly, association, and privacy,
the right to counsel and due process in judicial proceedings, and
protection from unreasonable searches and seizures, even if requested
to do otherwise in accordance with new federal law, which infringes
upon such rights granted to federal or state law enforcement agencies
under powers assumed by the USA PATRIOT Act by Executive Order;
BE IT FURTHER RESOLVED that the Student Government of the University of Texas at Austin calls upon the Austin City Council to do everything in its power to protect and defend the rights and liberties of University of Texas at Austin students who reside within jurisdiction of the City of Austin.
Authored by: Jordan Buckley (Two Year at Large Representative), Collin Bost (Students for the ACLU), excerpts taken from City of Austin Mayor Pro Tem Jackie Goodman’s resolution 030807-37 regarding the USA PATRIOT Act
Sponsored by: Zach Neumann (Two Year at Large Representative), Brent Perdue (Liberal Arts Representative), Benjamin T. Durham (Liberal Arts Representative), Jordan Buckley (Two Year at Large Representative), Lisa Krebs (Graduate Representative), Joel Feldman (Graduate Representative), Paul Navratil (Graduate Representative)