Yesterday, the ACLU and the ACLU of New Mexico filed an amicus brief in Elane Photography, LLC v. Willock, an important antidiscrimination case pending before the New Mexico Supreme Court. Elane Photography is a wedding photography studio that advertises its services to the general public but refuses to take pictures for wedding or commitment ceremonies involving same-sex couples. New Mexico is one of 21 states (plus the District of Columbia) that prohibit businesses who hold themselves out to the general public from discriminating against customers based on their sexual orientation. But Elane Photography argues that the law cannot be applied to its services because – unlike the services provided by a restaurant or retail store – photography is a form of expression and forcing Elane Photography to provide services on an equal basis would therefore unconstitutionally “compel speech.”
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 3:25pm
With one major exception, the Roberts Court has been quite protective of unpopular (and even revolting) speech under the First Amendment. That exception, however, is a doozy. It involves a statute criminalizing “material support” for terrorism, and the danger of the law was on stark display this week with reports of a petition to hold Twitter responsible for allowing Hamas to use the service.
By Kade Crockford, Director, ACLU of Massachusetts Technology for Liberty Project at 2:29pm
This summer ACLU affiliates all around the country filed open-records requests seeking information about how government agencies are using automated license plate readers. One set of records, released this week to the ACLU of Massachusetts by the police department here in Boston, provides a snapshot of the data-collection practices that are taking place around the nation.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:21pm
The New York Times has an interesting story on the police seizure of witnesses’ cell phones after the shooting of a knife-wielding man in Times Square on Saturday. I wrote about that issue a few weeks ago, and how the DC police department issued a first-of-its-kind policy on how officers should deal with evidence in citizens’ phones.
By Sandra S. Park, ACLU Women's Rights Project at 12:11pm
Recently, Dr. James Watson filed an amicus brief opposing gene patents in our lawsuit challenging the patents on two human genes associated with hereditary breast and ovarian cancer. Dr. Watson, along with Francis Crick, identified DNA’s ability to create life through its double helical structure and its information-coding sequences in 1953. His brief explains why, from the perspective of a scientist whose work laid the foundation for all genetic research, gene patenting is “lunacy.”
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:42am
Eye tracking technology received new attention recently due to its inclusion in the Samsung Galaxy IV phone, where it can (with mixed results, according to reviewers) let users scroll the screen with their eyes or dim the screen when they look away. Clearly this is a technology that has the potential for a lot of clever applications. But what are the privacy implications?
Eye tracking for research was used for over a century before computers (see the quick history outlined in this article). The earliest research, in the 19th century, actually involved direct mechanical contact with the cornea. Already by 1898, researchers were discovering some really cool phenomena of the human brain. Motion pictures were applied to the problem as early as 1905, and the first head-mounted eye-tracker was developed in 1948, which freed study subjects from having to keep their heads still. In the mid-1970s the first remote trackers were developed that were truly unobtrusive to the subject. By then, research and writing based on eye tracking was booming, not only on the part of psychologists but also the military.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:06am
There has been a lot of attention recently to the issue of audio recording being added to surveillance cameras on public buses. This issue first came onto our radar in 2009, but resurfaced again in Maryland in October (see this October Baltimore Sun article). In December the Washington Post and The Daily reported that the practice is spreading widely across the United States.
The ACLU LGBT Project and the ACLU of Utah filed a lawsuit earlier today challenging a decision by Davis School District in Davis County, Utah, to remove a children’s picture book about a family with two moms from all elementary school libraries in the district. The book, called In Our Mothers’ House, was written by Patricia Polacco, an acclaimed author of award-winning children’s literature. The School Library Journal gave In Our Mothers’ House a rave review and recommends the book for children in grades 1 to 4. The school district decided to remove the book from the library shelves and hide it behind the librarians’ desks in response to complaints from some parents that the book “normalizes a lifestyle that we don’t agree with.” The school district has claimed that having a book about a family with same-sex parents on the library shelves would also violate Utah’s sex-education laws because it would amount to “advocacy of homosexuality.”
By Kara Dansky, Senior Counsel, ACLU Center for Justice at 2:35pm
Last week, the Senate Homeland Security Committee’s Subcommittee on Investigations issued a report criticizing the Department of Homeland Security for its failure to ensure proper oversight over state and local “fusion centers.” Shortly thereafter, the committee issued a statement denouncing the report and lauding fusion centers as playing a “significant role in many recent terrorism cases.”
