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To: Sam Hill
Searching the 'papers & effects' of citizens cannot be done without warrants.

Sam:
Er, people don't own their library records. So they are not their papers or effects.
Sheesh.

Er, - faulty logic.. Your medical records are 'yours' even though a doctor keeps them.
Sheesh.

Also, read post #71:
"-- Newton Free Library is dedicated to protecting the privacy and confidentiality of our patrons. Our policy complies with the Massachusetts General Laws, Chapter 78, Section 7 (1994 edition): "Part of the records of a public library which reveals the identity and intellectual pursuits of a person using such library shall not be a public record as defined by clause Twenty-sixth of section seven of chapter four."
This policy extends to circulation records (borrowing records, registration records, reserves or fine records), interlibrary loan transactions, registration records, database search records and reference interviews. Except in cases involving the USA Patriot Act, no records can be made available to any inquiries, governmental or otherwise, unless a subpoena has been served by a court of competent jurisdiction and the library administration has consulted with legal counsel to determine if it is proper to release the requested information. --"

I cited the [federal] law in post #95.
I can't help it if you can't understand it.

I understand the issue better than you.. --- I cited the State law in post 113, [which addresses the Patriot Act] -- and the Constitution in my previous post.
Apparently you can't understand that the librarian is bound by oath to honor the US Constitution as our supreme law.
The issue is - does the fed statute you cited at #95 trump the Constitution?
- We shall see..

118 posted on 01/25/2006 4:58:10 PM PST by tpaine
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To: tpaine

"The issue is - does the fed statute you cited at #95 trump the Constitution?"

I didn't cite any federal statute. I cited case law, decided upon by the courts and upheld by the Supreme Court many times over to be Constitutional.

You really need to learn how to read before you start teaching us about the Constitution.


122 posted on 01/25/2006 5:18:00 PM PST by Sam Hill
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