The
following Resolution is currently being considered
by the University of Kentucky Student Government:
Student
Government Resolution
WHEREAS, the University of Kentucky
has a diverse student and
faculty body, including many students from outside
the United States, and many students with
diverse cultural backgrounds whose contributions
to this community are vital to the culture and
civic character of the University
of Kentucky
WHEREAS, the University of Kentucky’s
Student Government (SG) affirms its concern
for the welfare of students, faculty, and staff
in this new age of terrorism and also affirms
that any efforts to end terrorism need not be
waged at the expense of the fundamental civil
rights and liberties of the people of this University,
and
WHEREAS, SG is committed
to upholding the human rights of the students
of the University of Kentucky and their free exercise
and enjoyment of any and all rights and privileges
secured by our Constitution and the laws of the
United States, and
WHEREAS, SG recognizes the Constitution
of the United States of America to be the supreme
law of the land, which all public servants are
sworn to uphold, and
WHEREAS, the USA PATRIOT Act
infringes upon the liberties of students by:
a. Reducing judicial supervision of telephone
and Internet surveillance. (Sec. 203, 209, 216)
b. Expanding the government's power to conduct
secret searches without warrants (Sec. 213,214).
c. Defining "domestic terrorism" broadly
enough to include individuals that have no aspiration
towards murder or mass destruction (Sec. 802);
d. Allowing non-citizens to be detained indefinitely
or deported even if they have not committed a
crime. (Sec. 412)
e. Granting federal law enforcement and deputized
local law enforcement access to sensitive medical,
mental health, financial and educational records
about individuals without having to show evidence
of a crime. (Sec. 215-216)
f. Granting federal law enforcement and deputized
local law enforcement the power to compel libraries
and bookstores to produce circulation or book
purchase records of their patrons, and forbidding
disclosure that such records have been requested
and produced. (Sec. 215)
g. Allowing student’s financial records
to be released to government agencies without
warrant identifying the individual student, probable
cause, or notification of the student (Sec. 507
- 508), and
WHEREAS, secret searches of
University student and faculty records, library
materials and circulation records, and secret
surveillance and monitoring of University computer
systems, hardware, networks, correspondence and
Internet traffic represent a grave threat to the
academic freedom of the entire University community,
NOW THEREFORE BE IT RESOLVED
that the SG affirms in the United States the rights
of all people in accordance with our Bill of Rights
and the Fourteenth Amendment of the U.S. Constitution;
and we call upon Congress to review the USA Patriot
Act and any other laws or Presidential orders
related to the War on Terror for compliance with
the Constitution and its Bill of Rights. We further
call upon Congress to repeal any provisions of
the USA Patriot Act and similar laws and Presidential
orders that violate the spirit and intent of the
U.S. Constitution and its Bill of Rights, and
BE IT FURTHER RESOLVED that
SG requests that the administration continues
to preserve and uphold the students' freedom of
speech, assembly, association, and privacy, the
right to counsel and due process in judicial proceedings,
and protection from unreasonable searches and
seizures,
BE IT FURTHER RESOLVED that
the Student Government of the University of Kentucky
calls upon the Lexington-Fayette City-Urban Council
to do everything in its power to protect and defend
the rights and liberties of University of Kentucky’s
students who reside within their jurisdiction.
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