Critics argue against act

By Kevin Woster, Journal Staff Writer | Friday, July 01, 2005

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RAPID CITY -- Critics of the USA Patriot Act took their case Thursday to congressional field offices, arguing that personal liberties should not be killed in the nation's war on terror.

The South Dakota Peace and Justice Center organized meetings with field staffers for Sen. Tim Johnson, D-S.D., Sen. John Thune, R-S.D., and Rep. Stephanie Herseth, D-S.D., to urge members of the state's congressional delegation to oppose provisions of the Patriot Act — which was passed weeks after the Sept. 11, 2001, terrorist attacks — that infringe on individual freedom.

During a meeting at Thune's office on West Main Street, Rapid City lawyer Jay Davis said the Patriot Act reached too far into the lives of U.S. citizens after it was approved by Congress hastily. Now, with some provisions of the law coming up for renewal, it's time to restore some of what was lost, Davis said.

"People of all political stripes are concerned about abridging the Bill of Rights and abridging the things that make us a free people," Davis said. "We're trying to make a wrong right."

Davis and others at the meeting said the law gave too much authority to law-enforcement and counter-terrorism agencies. In broadening the authority of government to seize assets, search private homes and offices without a warrant, monitor Internet communications and examine what individuals choose to read at libraries, the law also took away essential protections for individual liberty, they said.

Qusi Al-Haj, Thune's West River director, met with the group for about 45 minutes, agreeing with some concerns but defending the Patriot Act as an essential weapon in the war on terror. Al-Haj said Thune wanted to maintain the act in a way that preserved individual freedoms but also protected citizens against a repeat of 9/11.

"Sen. Thune places as much significance on protecting our civil liberties as he does in protecting our security," Al-Haj said. "It's a tough balancing act. Where do you draw the line? At what point do you jeopardize security? At what point do you place American lives at risk?"

During a meeting earlier at Herseth's West River office, Mike Reardon of Rapid City said he was especially worried about provisions of the Patriot Act that allowed the search of homes without authorization from a judge. That's wrong, even if the intent is to fight terrorism, Reardon said.

"Anything that allows government agencies to go into your home without getting a warrant is not right," he said.

At that same meeting, Elizabeth Cook Lynn, an American Indian writer from the Crow Creek Tribe in central South Dakota, said it was wrong for government to have access to the reading history of individuals at libraries.

"Isn't that a human right?" she said. "Don't I have the right to read what I want to read without somebody investigating me?"

All three members of the congressional delegation issued statements on the meetings. Johnson said Congress must review provisions of the act with an eye toward balancing security and freedom.

"In this time of heightened threats, there is a fine line between taking the necessary steps to protect the American people from the threat posed by terrorism and the need to maintain the freedoms and rights on which our nation was founded," Johnson said.

Thune said the meetings Thursday showed that the freedom to publicly disagree with government policy remained strong in the United States. And the Patriot Act can help secure such freedoms, he said.

"The Patriot Act is a vital tool in the war on terrorism. It provides law enforcement the same resources to combat terror that are used to investigate crime. In short, the Patriot Act is designed to protect our way of life and our rights, including the right to free speech," Thune said.

Herseth said she believed strongly in the goals of the Patriot Act but also said it should not overreach to the point of infringing on essential freedoms. Herseth has supported amendments to the act to prohibit its use in searching library records.

"The enhancement of homeland security must be done in a way that preserves the civil liberties that are the cornerstone of democracy," Herseth said. "It would truly be a sad irony if, in our quest to strengthen our security, we were to undermine the very freedoms we seek to protect."

Contact Kevin Woster at 394-8413 or kevin.woster@rapidcityjournal.com