Defending Civil Liberties in the Wake of the USA PATRIOT Act
WHEREAS the Bill of Rights of the United States Constitution and the Declaration of Rights of the Constitution of the State of Washington guarantee all people in the Western Washington University community the following: freedom of speech, assembly, and privacy; equality before the law and the presumption of innocence; access to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures; AND
WHEREAS the United States Congress passed Uniting and Strengthen America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act; Public Law 107-56) on October 26, 2001; AND
WHEREAS Patriotism was defined by the founding fathers, and necessitates the defense of the Bill of Rights, Constitution, essential liberty and the freedoms which Americans have died to protect since the American Revolution from any attempt to infringe upon our inalienable rights; AND
WHEREAS The USA PATRIOT Act infringes upon the Bill of Rights, Constitution, essential liberty and American freedom and is therefore, unpatriotic; AND
WHEREAS the Associated Students of Western Washington University (ASWWU) denounces terrorism, and acknowledges that federal, state and local governments have a responsibility to protect the public from terrorist attacks, but shall do so in a rational, deliberative and lawful fashion to ensure any new security measure enhances public safety without impairing constitutional rights or infringing upon civil liberties; AND
WHEREAS the Family Education Rights and Privacy Act (FERPA) of 1974 is designed to protect the right to privacy of students from unreasonable search and seizure by refusing the release of student records without a court order or subpoena, and is supported by the ASWWU federal legislative agenda; AND
WHEREAS the USA PATRIOT Act modifies FERPA by allowing seizure of information without "particularly describing the place to be searched, and the person or things to be seized" as is mandatory according the Fourth Amendment to the United States Constitution; AND
WHEREAS Western Washington University takes pride in our diverse student and faculty body, and their differences in political, religious and cultural heritage and expression; AND
WHEREAS we believe that secret surveillance, individual or group surveillance based on racial, religious, national, or ideological profiling, or the monitoring of university records by law enforcement without probable cause would have a chilling effect on the free inquiry and free discussion which are the cornerstones of any institution of higher learning; now, therefore,
WHEREAS the USA PATRIOT Act infringes upon the liberties of students by:
a. Reducing judicial supervision of telephone and Internet surveillance. (Sec. 203, 209, 217)
b. Expanding the government's power to conduct secret searches without warrants (Sec. 213, 214).
c. Defining "domestic terrorism" broadly enough to include individuals that have no aspirations towards murder or mass destruction (Sec. 802);
d. Allowing non-citizens to be detained indefinitely or deported even if they have not committed a crime. (Sec. 203)
e. Granting federal law enforcement and deputized local law enforcement access to sensitive medical, mental health, financial and educational records about individuals without having to show evidence of a crime. (Sec. 215-216)
f. Granting federal law enforcement and deputized local law enforcement the power to compel libraries and bookstores to produce circulation or book purchase records of their patrons, and forbidding disclosure that such records have been requested and produced. (Sec. 215)
g. Allowing student's financial records to be released to government agencies without warrant identifying the individual student, probable cause, or notification of the student (Sec. 507 - 508);
BE IT RESOLVED BY THE ASSOCIATED STUDENTS OF WESTERN WASHINGTON UNIVERSITY:
THAT the ASWWU supports the fundamental, constitutionally-protected civil rights and civil liberties of all members of the Western Washington University; AND
THAT the ASWWU urges all students, staff, and faculty of the Western Washington University to respect the civil rights and civil liberties of all members of this community, regardless of citizenship or heritage; and
THAT the ASWWU opposes the use of following measures being taken under the USA PATRIOT Act:
a. Monitoring of political or religious gatherings by individuals exercising their first amendment rights;
b. Monitoring of research or creative activity by faculty or students, or of course content or activity;
c. Monitoring the library or academic records including student records of any kind;
d. Requests for non-consensual release of student or faculty records against the specific provision of the laws of Washington State.
BE IT FINALLY RESOLVED THAT THE ASSOCIATED STUDENTS BOARD OF WESTERN WASHINGTON UNIVERSITY:
CALLS for repeal or amendment of sections 203, 209, 213-217, 507-508 and 802 of the USA PATRIOT
Act to protect the freedoms and liberties guaranteed by the Bill of Rights.