ACLU Challenges Patriot Act

Group Says Expanded FBI Surveillance Powers Are Unconstitutional

(CBS/AP)  The American Civil Liberties Union and Arab American groups have filed a lawsuit challenging parts of the USA Patriot Act, in what the ACLU says is the first direct constitutional attack on the law.

They're opposing rules that let authorities monitor books people read and carry out secret searches.

The challenge was jointly announced Wednesday by the ACLU in Michigan and Portland, Ore.

The suit specifically challenges Section 215 of the Patriot Act, which contains the controversial provision which gives the FBI expanded powers in terrorism investigations to obtain records and other "tangible things" from entities that include libraries and internet providers.

"By compromising the rights to privacy, free speech, and due process, Section 215 violates the First, Fourth, and Fifth Amendments of the United States Constitution," reads the complaint. "Plaintiffs respectfully seek a declaration that Section 215 is facially unconstitutional, and a permanent injunction against its enforcement."

The U.S. Supreme Court had declined without comment to consider an earlier ACLU challenge to the government's expanded surveillance powers under the act.

"Ordinary Americans should not have to worry that the FBI is rifling through their medical records, seizing their personal papers, or forcing charities and advocacy groups to divulge membership lists," said ACLU attorney Ann Beeson.

Congress passed the Patriot Act after the Sept. 11 attacks. The Justice Department calls it a crucial weapon in the war on terrorism. Spokesman Charles Miller said Wednesday that officials hadn't seen the lawsuit. After officials review it, the Justice Department likely will respond in court, he said.
An FBI spokeswoman referred calls to the U.S. attorney's office in Detroit, which had no immediate comment.