2010 Census - Know Your Rights

originally posted last may, but more relevant now

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The 2010 census is coming up, and if your even the slightest bit cantankerous you might not fill out form they mail you. You might not fill out the second form they mail you. They will then send somebody to your door to ask you the questions.

Now that's not so bad but by law you are required to answer the census. Now the good news, the law also states that agents of the government can be required to provide you with information if requested, before you can be required to answer their questions.

The amount of info you can require, and ask about is extensive. You not only can use this form for agents like the Census takers, but any other government agent who is questioning you. Kind of cool, put them through what they put you through.

Some bright people have compiled an nice questionnaire you can have the government agent fill out. (at the bottom are links to several versions)

Search the net using:

THE PUBLIC SERVANT QUESTIONNAIRE

Key Points:

• An American does not have to speak with a government agent unless the citizen has been arrested.


• Americans have a right to privacy, to be left alone.


• The PRIVACY ACT OF 1974 (Public Law 93-579), empowers citizens to require full, written disclosure from a government official who seeks information.


• You may insist on complete disclosure as a precondition to speaking with any government official.

The Limits On Federal Power:

• Law-abiding citizens are sometimes visited by agents of the Federal government for no apparent reason. It is helpful, at the time of these visits, to recall that unless a citizen has been placed under arrest (either because a law enforcement officer has probable cause to believe the citizen has committed a crime or because the officer has in his possession an arrest warrant issued by a judge who believes there is probable cause the citizen has committed a crime, a citizen does not have to entertain the company of government agents.


• Citizens also have the right, guaranteed by the Fifth Amendment to the United States Constitution, not to testify against themselves. Thus, when "the government" comes knocking on one¹s door, you have the right to simply say, "Please go away." Unless the government officer places you under arrest (there must be probable cause, or an arrest warrant based on probable cause), the officer must obey your wishes.

Be Helpful.... On Your Terms

• Of course, citizens also have a vested interest in assisting "the government" in its role of crime-solver. Most of us understand the need to help "the government" to apprehend criminals. But it is also helpful, when "the government" arrives at your place of employment or at your home, to know how to find out why government agents have appeared on YOUR doorstep.


• A handy little questionnaire that I came across years ago will do the trick. It¹s called the "Public Servant Questionnaire." A version following the link. The "PSQ" was developed by Lynn Johnston, author of Who's Afraid of the IRS? (Libertarian Review Foundation: 1983, ISBN 0-930073-03-7).


• The PSQ is based on the requirements placed upon the government by the Privacy Act of 1974 (Public Law 93-579), an amending law to Title 5, United States Code, Section 552, and is included as Section 552a.


• If a citizen chooses to cooperate with government officials who are seeking information, BEFORE questioning begins, the citizen should politely inform the government agent or agents that a prerequisite for the citizen's cooperation with "the government" is the agent¹s cooperation with the citizen.

Do It Right, The First Time

• The questions should then be put to each agent, and the citizen should enter the answers onto the questionnaire. Copies should be provided to each agent, either at the time of the questioning or by mail to the agent after the visit. The questionnaire informs the government agent that the citizen knows his rights and knows which limited powers the government agent has been granted by the people.


• Most probably some government agents will not want to fill out or sign the PSQ. That’s fine. They can then be sent on their merry way. They may need to explain to their superiors, and a court of law, and a jury, on another day, why they refused to cooperate with the reasonable questions of the highest officeholder in the land, a citizen.

Click Here for PSQ version 1

Click Here for PSQ version 2