With the Republicans holding on to the White House and solidifying their position in Congress, the Bush administration is expected to continue with a number of policies that have the strong backing of the publishing industry, particularly on business issues. But many industry members, citing the administration's obsession with secrecy, are gearing up for battles on First Amendment and free speech issues.
The administration receives high marks from publishers for its firm support of intellectual property rights and in fighting piracy abroad, noted Allan Adler, v-p for legal and governmental affairs at the Association of American Publishers. Many publishers also support the Bush administration's No Child Left Behind Act, although there has been debate over how fully funded the measure has been.
And now that the administration is faced with huge budget deficits, Adler said, there is concern "if the funding will be there" going forward.
The greatest concern among publishers and booksellers alike, however, is over free speech, with the USA Patriot Act a certain flashpoint. For industry members anxious to amend Section 215 of the Patriot Act, the good news was that Rep. Bernie Sanders (I-Vt.), the primary author of the Freedom to Read Protection Act, was reelected, as was Sen. Russ Feingold (D-Wis.), one of the primary sponsors of the Senate version of the bill, the Security and Freedom Ensured Act. The bad news was that John Kerry was one of 22 co-sponsors of SAFE and presumably would have signed a bill amending Section 215 if it had reached his desk. The Bush administration has made it clear that it intends to renew all sections of the Patriot Act, including 215, whose provisions include allowing the federal government to search bookstore and library records.
"We have our hands full," said Oren Teicher, COO of the American Booksellers Association, one of the founding associations of the Campaign for Reader Privacy. Teicher noted that the House bill attracted some conservative members when it was first introduced, and said he is hopeful more representatives will sign on in the next session. The amendment fell one vote short of passage this summer and was blocked only when House Republican leaders held the vote open an extra 23 minutes.
But the Campaign for Reader Privacy is not depending just on passing an amendment to erase the parts of Section 215 that deal with books. Most parts of the Patriot Act must be renewed before they lapse by December 31, 2005. If passage of the amendment appears unlikely, CRP will work to have the act's application to books removed when it comes up for renewal. The CRP, which includes the AAP, PEN and ALA, will meet December 1 to plan its strategy for the coming year.
The publishing community is also looking to see how the administration reacts to recent lawsuits challenging rulings made by the Treasury Department's Office of Foreign Assets Control that have prevented publication of works by people living in countries that are under the U.S. trade embargo. Adler noted that while the creation of OFAC predates the Bush administration, "it will be interesting to see if the attorney general tries to reach a settlement" in the lawsuits or looks to back enforcement of the regulations.
