10/31/06 ACLU Drops Patriot Act Challenge
On October 27, 2006, the American Civil Liberties Union (ACLU) dropped a lawsuit challenging the constitutionality of the USA Patriot Act because of "improvements to the law." The Justice Department argued last month that amendments approved by Congress in March 2006 had corrected any constitutional flaws in the Patriot Act.
The lawsuit, filed in July 2003 on behalf of the Muslim Community Association of Ann Arbor and five other nonprofit groups, was the first legal challenge to Section 215, the part of the Patriot Act that lets federal agents obtain such things as library records and medical information.
The ACLU initially argued that Section 215, which allows the FBI access to any "tangible things" such as books and documents through an order from a secret court, does not require investigators to show probable cause. It asked that the Justice Department be barred from using the provision. However, the ACLU now says the new revisions allow people receiving demands for records to consult with a lawyer and challenge the demands in court.
The ACLU said it would continue to monitor how the government applied Section 215 and would remain ready to defend any individual, business or organization receiving demands for information under the provision.
For more information, visit the ACLU's Web site (www.aclu.org).
