Anthem Book Blog

Here's the response from Chris Finan at the American Booksellers Foundation for Free Expression (ABFFE). He's right that booksellers would be risking their business, reputation, and probably much more if they challenge a search warrant from the PATRIOT Act. This is what giving up our freedom feels like. I admire Finan for the job he does.

email from 8/29/02:

Jay,

I appreciate your strong feelings about Section 215 of the Patriot Act. In
fact, I share them. We have informed all ABA members that if they receive a
court order under the Patriot Act they should contact us immediately to ask
for legal help. If the right set of circumstances present themselves, it
may be possible for us to challenge such an order in court.

However, if it is not possible to do this--if, for example, the FBI agent
refuses to allow a phone call to a lawyer--it is our recommendation that the
bookseller comply with the order. To do otherwise would be to risk arrest
for obstruction of justice or contempt of court.

There are both moral and legal reasons that we cannot advocate civil
disobedience. It is simply wrong for those who have nothing at stake to
encourage a bookseller to adopt a course that could lead to a criminal
conviction and the potential loss of a business. These kinds of
confrontations have wrecked families. While I have not consulted any
attorneys on this point, I think we would also be putting ABFFE in jeopardy
by counseling booksellers to flout the law.

This does not mean we would not try to help any bookseller who decided to
take such a radical step. But we feel that the best course at this point is
to try to get changes in the law or at least ensure that this provision is
not renewed when it expires in October 2003.

Chris