Brown University
ACLU Patriot Act/Students Rights Resolution
February 28, 2005
Written by:
Tristan Freeman .07 ACLU President
EllaRose Chary .07 ACLU Vice-President
WHEREAS the United States Constitution affirms several
individual rights and liberties, including but not limited to protection from
unreasonable searches and seizures, presumption of innocence, and commitment to
due process and equal protection;
WHEREAS on October 26, 2001 the United States Congress
passed the PATRIOT ACT, giving broad powers to the President of the United
States, without substantive debate and little more than a month after the
horrible events of September 11th, 2001;
WHEREAS on December 17th, 2003 the City Council
of Providence unanimously voted in favor of passing resolution condemning the
PATRIOT ACT, declaring that the Act .weakens, contradicts and undermines .
basic constitutional rights.;
WHEREAS five localities in the State of Rhode Island have
passed resolution condemning the PATRIOT ACT;
WHEREAS 21 universities have passed resolution condemning
or opposing parts of the PATRIOT ACT, including the University of Pennsylvania,
the University of California at Berkeley, Stanford University, and the
University of Rhode Island;
WHEREAS resolutions condemning or opposing parts of the
PATRIOT ACT have passed in 371 communities of 43 states, representing over 56
million citizens of the United States of America;
WHEREAS Brown University is a leading institution in the
City of Providence;
WHEREAS Brown University is proud of its long and
distinguished tradition of protecting the civil rights and liberties of its
students, faculty, and staff;
WHEREAS Brown University has a diverse population,
including immigrants and students studying from abroad, whose contributions to
the University are vital to its success, culture and civic character;
WHEREAS the Undergraduate Council of Students is the
official voice of the student body and is committed to the promotion and
preservation of freedom at Brown University;
WHEREAS key portions of the PATRIOT ACT due to expire in
December of 2005 may be renewed by the Congress of the United States;
WHEREAS the PATRIOT ACT of 2001 is a threat to the
Constitutional commitment to freedom of speech and freedom of association upon
which student groups at Brown University are predicated;
WHEREAS the PATRIOT ACT allows law enforcement to obtain
library records and student records without probable cause of crime;
WHEREAS the PATRIOT ACT allows .sneak and peek. searches of
dorm rooms as well as of the apartments of students living off-campus;
WHEREAS the Undergraduate Council of Students at Brown
University believes that there is no inherent conflict between national
security and the preservation of liberty - Americans can be both safe and free;
THEREFORE BE IT RESOLVED THAT THE UNDERGRADUATE COUNCIL OF
STUDENTS AT BROWN UNIVERSITY:
1. AFFIRMS its strong support for fundamental
constitutional rights and its opposition to federal measures that infringe on
civil liberties, including the PATRIOT ACT of 2001.
2. Requests Brown University to:
a. Stand in solidarity with other universities and cities
around the country that oppose the unconstitutional portions of the USA PATRIOT
Act and urge Rhode Island members of the United States Congress not to renew
the clauses of that act that will expire in 2005.
b. Call upon the Department of Public Safety to refrain
from engaging in the surveillance of individuals or groups of individuals based
on their participation in activities protected by the First Amendment, such as
political advocacy or the practice of a religion, without particularized
suspicion of criminal activity unrelated to the activity protected by the First
Amendment;
c. Refrain from assisting city, county, and state
authorities from participating in the acts mentioned in section 2(b) of this
resolution;
d. Call upon the Department of Public Safety to refrain
from racial profiling. Race, religion, ethnicity, or national origin shall not
be used as a factor in selecting which individuals to subject to investigatory
activities except when seeking to apprehend a specific suspect under clear and
probable suspicion of criminal activity;
e. Request that Brown University post a message in all libraries
indicating that according to provisions of the PATRIOT ACT, records of books
and other materials borrowed from Brown University libraries may be obtained by
federal agents, and also that Brown University librarians are prohibited from
informing students if records have been obtained from federal agents.
Sources:
The Providence Journal
http://www.projo.com/metro/content/projo_20031219_pcoun19.10c3f0.html
ACLU: List of Communities that have passed resolutions
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=11294&c=207
University of Texas Resolution against the PATRIOT ACT
http://www.bordc.org/UT-Austin.htm
Students for Freedom