Blog Juice for Educational Technology

The American Civil Liberties Union asked the U.S. Supreme Court on Monday to intervene in its plea to permit an unnamed Connecticut library organization to reveal its identity so the group can participate in the congressional debate about the USA Patriot Act.

The library group wants to speak freely about its experience receiving an order to turn over patrons’ records to the Federal Bureau of Investigation. The order was issued under a provision of the Patriot Act that forbids the recipient from discussing the request. The ACLU filed an emergency petition with the nation’s highest court, arguing that the provision violates the First Amendment right to freedom of speech.

Congress is considering reauthorizing certain provisions of the Patriot Act, including those that would allow the FBI — without judicial review — to demand that businesses and libraries turn over the records of its clients. The emergency petition will be handled by Justice Ruth Bader Ginsburg, whose jurisdiction includes federal courts in Connecticut. The text of ACLU’s petition is under seal.

A federal judge in Connecticut ruled last month that the
gag should be lifted, but an appeals court decided that the library
group’s identity should remain a secret while the Justice Department
tries to persuade the appeals court to overturn the judge’s decision.

The American Library Association has also urged that the Connecticut group be allowed to openly
participate in the debate on the Patriot Act.

To read more about the case, see an article from The Chronicle, by Andrea L. Foster.