War, Law, and the Librarian: The Creation, Precedence, and Passage of the USA PATRIOT Act and Its Effects on Libraries

Abstract

The U.S. government has sought to restrict the freedoms of its citizens in times of war from World War I to the present. The banners of fear, war, terrorism, and nationwide security placed constitutional rights under a renewed scrutiny. This paper will focus on the passage of laws that restrict academic and intellectual freedoms during war, and the role of librarians in responding to such laws.

KEYWORDS:

• USA PATRIOT Act, intellectual freedom, right of privacy, national security, Federal Bureau of Investigation

The author wishes to thank Dr. David Pena, Dr. Bede Mitchell, and the anonymous JAS reviewers for their helpful comments and suggestions.

Notes

1. According to the ALA Web page Resolution Reaffirming the Principles of Intellectual Freedom in the Aftermath of Terrorist Attacks, the quotes appears as the following: “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” Retrieved from http://www.ala.org/ala/aboutala/offices/oif/statementspols/ifresolutions/resolutionreaffirming.cfm