23 January 2003
Davidson: U.S. Antiterror Law Will Not Abridge Constitutional Rights
(U.S. OSCE ambasador replies to Duve at OSCE Permanent Council)
(690)
The rights of free speech and free press codified in the First
Amendment to the U.S. Constitution will not be abridged by any
provisions in anti-terrorism legislation, American diplomat Douglas
Davidson told the OSCE Permanent Council in Vienna January 23.
Davidson, deputy chief of the U.S. Mission to the OSCE, was responding
to remarks by Freimut Duve, OSCE Representative on Freedom of the
Media, whose office is investigating counterterrorism measures enacted
in the United States and several western European countries that
permit governmental monitoring of peoples' reading habits.
"The goal of the anti-terrorism legislation in the United States,"
Davidson said, referring to the 2001 USA Patriot Act, "is to give
investigators means to uncover threats to the rule of law without
intruding on the civil liberties Americans highly value."
He added that the law gives authorized officials "access to specific
information only under the condition that the persons to whom the
records related were the subject of an investigation into
international terrorism or clandestine intelligence."
Davidson said the law can only be implemented in specific and narrow
cases after judicial review and that the U.S. Congress would oversee
implementation "to ensure adherence to our constitutional
protections."
Following is a transcript of his remarks:
(begin transcript)
United States Mission to the OSCE
Vienna
January 23, 2003
STATEMENT OF RESPONSE TO THE REPRESENTATIVE ON FREEDOM OF THE MEDIA,
FREIMUT DUVE
Delivered by Deputy Chief of Mission Douglas Davidson to the Permanent
Council
Thank you Mr. Chairman.
Let me begin by thanking Mr. Duve for sharing his concerns with us.
My government has always valued the important role of the Media
Representative, and we consider seriously any questions posed to us by
Mr. Duve's office.
Mr. Chairman, the legislation to which Mr. Duve refers is a response
to the new situation in which we all find ourselves.
This war on terrorism requires our best efforts to preserve the
liberties we all value and to respect the commitments we have entered
into here at the OSCE.
The First Amendment to the United States Constitution reads: "Congress
shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances."
The goal of the anti-terrorism legislation in the United States is to
give investigators means to uncover threats to the rule of law without
intruding on the civil liberties Americans highly value.
The law gives authorized officials access to specific information only
under the condition that the persons to whom the records related were
the subject of an investigation into international terrorism or
clandestine intelligence. Judicial safeguards and oversight remain in
place to prevent the abuse of this authority.
This legislation has a very narrow focus and can only be implemented
in specific and narrow cases after judicial review.
Even government access to public business records is limited unless
the proper authorities can show that the subject under investigation
is the subject of an authorized investigation into international
terrorism or into clandestine intelligence activities.
Congress will oversee the implementation of these procedures to ensure
adherence to our constitutional protections.
Mr. Chairman, nothing in the ordinance or the way it is enforced would
allow the Government to limit access to materials protected under the
First Amendment. Nor would an investigation be authorized solely upon
the basis of activities protected by the First Amendment.
The First Amendment rights of libraries, and bookstores and their
patrons, are protected under these ordinances and will not be
abridged.
Mr. Duve knows my country well, and I address my next comments to him
directly. My government recognizes fully the value of the First
Amendment and the freedoms it guarantees to all Americans. We will
always be cognizant of our duty to our citizens and to our posterity
to preserve these values above all things.
I thank you Mr. Chairman.
(end transcript)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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