In celebration of the First Amendment during Banned Books Week, the VLA Intellectual Freedom Committee and the American Civil Liberties Union of Vermont will present “An Evening Without. . .Giving Voice to the Silenced,” Thursday, Sept. 30.

The free event will feature writers from around Vermont as they read from works by those whose writing has been challenged, censored, or banned.

Featured readers are Jerry Carbone (director of the Brooks Memorial Library), Jon Clinch, Joni Cole, Castle Freeman, Gretchen Holbrook Gerzina, Karen Hesse, and Suzanne Kingsbury, reading from works by Maya Angelou, Toni Morrison, George Orwell, Katherine Paterson, John Steinbeck, Mark Twain, and Kurt Vonnegut.

The event is held in collaboration with the Brattleboro Literary Festival, and is funded in part by VLA’s John Swan Endowment Fund.  John Swan was a Vermont librarian and intellectual freedom advocate.

WHEN:  September 30 at 7:30 p.m.
WHERE:  Centre Congregational Church, 193 Main Street, Brattleboro, Vermont
ADMISSION:  Free!

I hope you’ll attend if you can, and that you’ll help promote the event at your library.  Please visit the ACLU Web site at http://www.acluvt.org/news/evening_without.php to download and print a PDF poster you can hang and re-distribute via e-mail.  Information about the event is also available at http://brattleboroliteraryfestival.org/event/an-evening-without-giving-voice-to-the-silenced/

Thanks, and please let me know if you have questions.

Sincerely,
Trina Magi
Member, VLA Intellectual Freedom Committee

In the past two years the education committee of the American Civil Liberties Union (ACLU) Vermont chapter (on which I serve) has offered free ALA posters to 21 school, public and college libraries in order to help them use this week to draw attention to the dangers of censorship.

We have money to do this again this year.

The first ten libraries to email response to this post will receive the ALA Banned Book Week poster offered this year by ALA and shown in the ALA graphics catalog (p. 6) that was recently mailed.  The 2010 poster measures 24” by 32” and retails for $16.00.

See the 2010 poster at  http://www.alastore.ala.org/SearchResult.aspx?CategoryID=269

There’s one string.  I’d very much like to receive an email photo of how the poster looks in your library!  Be sure to include a person in your photo (we like to see ourselves, don’t we?).

Be sure to let me know ( at david.clark@ilsleypubliclibrary.org ) your postal mailing address.

I’ll then arrange for posters to be mailed to the first ten libraries that respond.  Libraries which received a poster previously are not eligible.

Thanks,
David Clark
Ilsley Public Library, director
ACLU- VT, board member

p.s.       ALA’s webpage for banned and challenged books will lead you to ideas and resources you can use for Banned Book Week:

http://www.ala.org/ala/issuesadvocacy/banned/index.cfm

p.p.s.    The Vermont Library Association and the ACLU of Vermont will present An Evening Without: Giving Voice to the Silenced,  on Thursday, Sept. 30, 2010, 7:30 pm, Centre Congregational Church, 193 Main Street, Brattleboro, Vermont.

The event will feature Vermont writers reading from a broad range of works that have been challenged or banned.  Presented in collaboration with the Brattleboro Literary Festival, this event is free and open to the public in celebration of the First Amendment during Banned Books Week (September 25-October 2).

For more information, including a list of featured readers and authors, see http://www.acluvt.org/news/evening_without.php or call (802) 223-6304.

ALA has developed a variety of resources to help libraries reach out to their communities.    The campaign gives libraries the tools they need to educate and engage users, and gives citizens the resources to think critically and make more informed choices about their privacy.  I hope you take time to explore the website www.privacyrevolution.org to learn more about what your library can do to spark thought and discussion around privacy issues today.  Whether you are considering creating a display, sponsoring a contest, hosting a program or workshop, or moderating a community dialogue about privacy, there are tools that can help.  

Help us spread the word about the importance of choosing privacy.  

Gail Weymouth

VLAIFC, chair

UVM Libraries has partnered with the ACLU of Vermont to hold a special event during National Library Week.

“Reckoning with Torture:  Memos and Testimonies from the ‘War on Terror’” will be held Monday, April 12, 7 p.m., at Memorial Lounge, Waterman Building.  Here is a link to a flyer promoting the event: http://www.acluvt.org/news/reckoning_torture_poster.pdf

The event will feature librarians, professors, students, lawyers, and others reading from recently released secret documents including government memos, declassified communications, and testimonies by detainees.  It is being held during National Library Week in recognition of the important work of libraries in making information available for public scrutiny. Many of the documents were obtained using the Freedom of Information Act.

We expect that hearing people read from these primary source documents will be a powerful experience, and we hope you can attend.  We also would appreciate your help in promoting the event.  Please post the flyer at your library, and feel free to share the flyer widely.

If you have questions, don’t hesitate to contact me at trina.magi@uvm.edu or 656-5723.  Thanks.

Sincerely,
Trina

“Controversial Materials in the Library: Supporting Intellectual Freedom in Your Community”

OIF is partnering with the Association of Library Trustees, Advocates, Friends and Foundations (ALTAFF) to present three one-hour webinars in February for library trustees on the topic of controversial materials in library collections.

The webinars, entitled “Controversial Materials in the Library: Supporting Intellectual Freedom in Your Community,” are intended to help trustees understand the basics of intellectual freedom in libraries. They will cover information on collection development policies, procedures for handling challenges to library materials, and tips on responding to controversies that may arise. Angela Maycock, OIF Assistant Director, will lead the webinar series.

The webinars will be offered:

February 17, 2010, 4-5:00 p.m. EST,
February 23, 2010, 2-3:00 p.m. EST, and
February 26, 2010, noon-1:00 p.m. EST.

Each session will include the same content. Registration is limited to 60 participants per session. The cost is $49 for individuals, $39 for ALTAFF members, and $95 for a group of two or more attendees at the same location.

To register for “Controversial Materials in the Library: Supporting Intellectual Freedom in Your Community,” visit http://www.ala.org/oif/onlinetrainings or call ALA Customer Service at (800) 545-2433 x5.

Thank you for your help.
Gail Weymouth
VLA IFC chair
gail@sherburnelibrary.org

As you know, the USA PATRIOT ACT is due to sunset this year and we need Congress to make much needed reforms.

The Senate has introduced a bill that does not meet the protections we seek, so we need the House to pass much tougher reforms. The ALA Washington Office reports that there is much opposition to these reforms, including from the White House, the Department of Justice and the House Intelligence Committee, so Congress needs calls NOW from library supporters and others.

PLEASE call Congressman Welch’s office to EXPRESS YOUR SUPPORT for H.R. 3845 introduced by Rep. John Conyers of Michigan and ASK CONGRESSMAN WELCH TO CO-SPONSOR this USA Patriot Amendment Act. Call NOW. Bill mark-up is scheduled for November 4.

Congressman Peter Welch (Washington Office): Phone: (202) 225-4115

To access the bill text for H.R. 3845, please click here:

http://thomas.loc.gov/cgi-bin/bdquery/D?d111:1:./temp/~bd0RLD:@@@P|/bss/111search.html

THE MESSAGE:

• Pass H.R. 3845 to protect reader privacy and other First Amendment activities in libraries and bookstores;
• Reform Section 215 and national security letters so that a higher legal standard is required to obtain these types of orders;
• Ensure and maintain the legal right to challenge gag orders and require judicial review and reassessment to continue such gag orders;
• Continue the required audits and public reports so that Congress and the public can assess the impact of these laws; and
• Maintain the sunsets so that there can be regular Congressional and public oversight.

BACKGROUND:

Three PATRIOT Act provisions are set to expire on December 31, 2009. This is the best chance we have had in the last eight years to get significant reforms to Section 215, often called the “library provision,” and to national security letters (NSLs).

The USA PATRIOT Amendments Act of 2009 protects constitutional speech and privacy rights by:

• Amending the NSL statute to ensure that the government only obtains financial, communication and credit records of people believed to be terrorists or spies;
• Requiring the government to convince a court that a national security gag order is necessary; and
• Ensuring that Section 215 does not authorize collection of library and bookstore records if they contain individualized information on the patron.

Martha Reid
State Librarian
Vermont Department of Libraries
109 State Street
Montpelier, VT 05609-0601
Tel: (802) 828-3265
Fax: (802) 828-2199
martha.reid@mail.dol.state.vt.us

As president of the Vermont Library Association, I am pleased to see that Gail Weymouth and Trina Magi from our Intellectual Freedom Committee are quoted extensively in your story on the reauthorization of the Patriot Act (http://www.vpr.net/news_detail/86172/).

However, please note that it is inaccurate to say that the Vermont Library Association “withdrew its support” from Senator Leahy’s version of the Patriot Act reauthorization bill as stated.  We officially endorsed his original markup, which would have moved to more strongly protect Americans’ civil liberties and the right to privacy.  It is true that we are disappointed that some of his original provisions were stripped or watered down in the version which emerged from the Judiciary Committee, and we did not endorse those changes.  However, we did not vote to withdraw our support for the changes to the original law that Senator Leahy proposed, many of which do remain in the bill.

The story correctly notes that we hope that amendments on the Senate floor will strengthen the protections for civil liberties in the bill, including restoring some of Senator Leahy’s original provisions.  We welcome any work by Senators Sanders and Leahy to introduce or support amendments that would more strongly protect these freedoms.

John K. Payne
President, Vermont Library Association

Letter To The Meeting Of The Vermont Library Trustee Association Annual Conference

From Patrick Leahy, Chairman, U.S. Senate Committee on the Judiciary

October 17, 2009

Dear Friends,

I appreciate this opportunity to report the latest developments on the process to reauthorize several sunsetted portions of the Patriot Act and to commend Vermont Library Association for all you do for Vermont.

On September 22, 2009, I introduced the USA PATRIOT Act Sunset Extension Act (S.1692) with Senators Benjamin Cardin and Ted Kaufman.  Senator Sanders soon joined as a cosponsor.  As before, I wrote the bill with close attention to protecting constitutional rights and civil liberties.  The bill expanded oversight of the use of surveillance authorities and increased transparency.  The version of the bill that was reported favorably by the Judiciary Committee on October 8, after thorough debate in the markup process, remains a strong bill, both in protecting rights and liberties, and in requiring vigorous oversight of the use of government surveillance authority.

We all share the goal of safeguarding our First Amendment rights, personal privacy, and other core values that we treasure as Americans.  We all want to ensure that Americans are safe and secure and protected from harm.  These goals are not mutually exclusive, and I held both in mind as I developed legislation to reauthorize provisions of the Patriot Act and expand the protection of civil liberties. I appreciate the input I sought and received before drafting the bill and after the Judiciary Committee’s markup on the bill.  I welcome that engagement, and especially the active participation of Vermonters in this conversation.  I would like to address many of the points that have been expressed, and I continue to welcome your thoughtful feedback as this legislation is further considered by the Senate and the House.  Please feel free to contact me by phone (toll-free at 1-800-642-3193) or by email at senator_leahy@leahy.senate.gov.

National Security Letters. I share the concerns that I have heard from the librarian community about problems in the use of National Security Letters (NSLs), a request for records that is issued by the FBI without prior approval by a Federal court.  The use of NSLs has risen dramatically since the standard for issuing an NSL was lowered in the 2001 Patriot Act.  I agree that new protections are needed to safeguard against abuses of NSLs.

My bill includes a December 31, 2013, sunset on the use of National Security Letters and a comprehensive audit on the authority.  It also directs the FBI to produce a statement of specific facts showing that the information the Bureau seeks is relevant before an NSL can be issued.  I recognize that many in the librarian community support a higher standard for the issuance of an NSL.  I am sympathetic to that position, but I also recognize there is not enough support for that proposal to prevail in the U.S. Senate.  Therefore I have sought and secured progress in the Senate that would achieve significant improvements over current law.

While a sunset on NSLs has been proposed in the past, it has never before gained traction in Congress.  I will fight for my NSL sunset provision to be part of any final bill that is signed into law.  In fact, the sunsets I included in the 2001 Patriot Act are the reasons we have the opportunity to reexamine the Patriot Act today.  The combination of an audit and a sunset in this bill would be a significant inducement for the FBI to exercise great care in its use of NSLs.

My bill also corrects the constitutional defects in the issuance of nondisclosure orders (or “gag orders”) on NSLs.  The bill allows the recipient of an NSL with a gag order to notify the government at any time that it wishes to challenge the gag.  The government then bears the burden to seek a court order to force the recipient to follow that gag order.  Even if the government prevails in court, and the gag order stands, under the terms of my bill the government must notify that recipient when there is no longer a need for the gag.

Finally, the bill strengthens privacy protections by requiring that the government does not unnecessarily disseminate or retain personal information it collects via NSLs.

Orders for Library Records, Business Records and Other Tangible Things. The business records provision of the 2001 Patriot Act (often referred by its section number in that bill, “section 215”) has generated enormous controversy, in part because it allows the government to obtain library records and other sensitive records.  In 2006 I voted against the final version of the Patriot Act reauthorization bill because it contained two provisions that I could not support.  One was a year-long delay to challenge a section 215 gag order in court. The other was a conclusive presumption in favor of the government that courts would have to apply when gag orders were challenged.  My bill strikes both the one-year waiting period and the conclusive presumption.

My bill also modifies the standard for obtaining a court order for business records or other tangible things.  Current law requires the government to show reasonable grounds that the records sought are relevant to an authorized investigation.  However, current law also states that the records are presumptively relevant if the Government shows that they pertain to a foreign power, however attenuated that link may be.  My bill repeals the presumption of relevance and requires the Government to show what it relied upon to assert that the records are relevant.

My bill also raises the standard the government must meet before it can obtain library circulation records and patron lists.  I fought for a higher standard on a wider set of sensitive records — including book seller, firearm sales, medical, education, and tax records —  but was not able to prevail on that proposal as the Committee considered the bill.  I will continue to press for this improvement as the bill moves through the Senate and the House.

Oversight and Public Reporting. In 2005, I included audits in the Patriot Act reauthorization package over stiff opposition from the Bush administration.  The audits that were produced by the Inspector General proved that certain authorities, especially NSLs, had been misused, and in some cases, abused.  Internal reforms followed, but we all agree that more needs to be done.  Oversight and audits are critically important to protecting our privacy and preventing abuses.  My bill includes new audits of NSLs, section 215 orders, and the use of pen register and trap and trace devices.   The bill also requires new public reporting on the use of both NSLs and section 215 orders.  Finally, in addition to the sunset on NSLs, my bill includes sunsets on section 215 orders, and two other controversial provisions.

The bill contains additional provisions that are explained on my website.

I am grateful for the thoughtful interest of the librarian community on this and so many other issues, and I welcome your continued feedback.

Gail Weymouth,

I am writing on behalf of the California Library Association (CLA) Intellectual Freedom Committee to thank the Vermont Library Association for its recent resolution on the USA PATRIOT Act.

CLA was inspired by your efforts to include both the sunsetting provisions and Section 505. We share your concerns and messages to Congress. We were alarmed to find that this week both Sen. Leahy and Sen. Feinstein softened their support for privacy and surveillance reforms.

We want to thank you for the example you have set, and congratulate VLA on its impact on the meeting of the Senate Judiciary Committee September 23, 2009.

Based on your example, we have adapted the resolution to reflect the concerns of the California’s library community. Please pass this email on to all those responsible for the resolution. We can let you know when our resolution goes “live.”

Sincerely,
XXXXX
Intellectual Freedom Committee, member
California Library Association