Resolution for the Censuring of the USA PATRIOT Act
Whereas, Virginia Polytechnic Institute and State University (henceforth referred to as Virginia Tech) has a long and distinguished history of protecting and expanding civil rights and civil liberties, often being a beacon for our student rights; and
Whereas, Virginia Tech houses a diverse student and working population, including non-citizens, whose contributions to the community are vital to its character, diversity, and function; and
Whereas, Virginia Tech has with gratitude for their supreme sacrifice memorialized those in the Armed Forces who have died in battle protecting these same cherished rights and liberties; and
Whereas, Virginia Tech, motivated by the commitment to uphold the human rights of all persons within the university and the free exercise and enjoyment of any and all rights and privileges secured by our constitutions and laws of the United States, the Commonwealth of Virginia and the Town of Blacksburg, established the committees of Student Affairs and Multicultural Affairs within the Student Government Association; and
Whereas, in October of 2001, the US Congress passed the USA PATRIOT Act (USAPA), which has provisions that violate basic Constitutional freedoms by:
- Allowing for the broad interpretation of “terrorism” to include those who participate in public demonstrations meant to “influence the policy of a government by intimidation or coercion,” (§ 802) where many students involved in war opposition movements have been targeted by searches and federal investigations;
- Allowing for the seizure of student records without a court order or consent of those students (§ 507);
- Allowing federal agents to collect information from public libraries while placing gag orders on librarians from disclosing occurrences of providing that information (§ 215); and
Whereas, the USA PATRIOT Act further threatens these fundamental rights and liberties:
- Freedom of speech, religion, assembly and privacy, specifically by sections 203, 206, 213, 214, 215, 218, 411, 412, 507, and 802 of the USAPA;
- The rights to counsel and due process in judicial proceedings, specifically by section 412 of the USAPA; and,
- Protection from unreasonable searches and seizures, specifically by section 412 of the USAPA;
All guaranteed by the Constitution of the Commonwealth of Virginia, and the United States Constitution and its Bill of Rights;
Whereas, four states; 275 towns, cities, and counties; and seventeen universities have resolutions expressing concerns with or calling for a repeal of the USAPA;
Therefore, Be It Resolved, that we, the Student Government Association of Virginia Polytechnic Institute and State University, Blacksburg, Virginia, acting in the spirit and history of our community, do hereby formally censure the above sections of the USA PATRIOT Act and its enforcement by Federal, state and local authorities upon the university.