US Patriot Act Faces Court Challenge
VOA News
04 Dec 2007, 17:52 UTC
A federal judge in Detroit, Michigan, has heard
the first legal challenge to an anti-terrorism
law that allows federal authorities to secretly
obtain an individual's personal records.
The American Civil Liberties Union (ACLU) on
Wednesday asked a U.S. district judge to declare
Section 215 of the Patriot Act unconstitutional.
The section authorizes federal investigators
to request records and personal files from a
third party without showing probable cause or
notifying the person being investigated.
The law requires the third party to keep the
transaction a secret or face federal charges.
The Patriot Act was signed into law six weeks
after the September 11, 2001, terrorist attacks.
It broadened the government's power to combat
terrorism by making it easier to obtain surveillance
and search warrants.
The ACLU, acting on behalf of a local Ann Arbor
Muslim community association and five other
nonprofit groups, says the law violates the
First Amendment to the Constitution, which guarantees
freedom of religion and speech. ACLU attorneys
say it has already influenced its members to
curb their charitable donations and attendance
at religious services because they fear becoming
the target of an investigation.
Lawyers for the U.S. Department of Justice
have argued that the case should be thrown out
because federal authorities have never used
the provision being challenged. It is not clear
when U.S. District Judge Denise Page Hood will
rule on the question.
Some information for this report provided by
AP and Reuters.
