Blog of Rights

Gabe
Rottman

Gabe Rottman is a legislative counsel/policy advisor in the ACLU’s Washington Legislative Office, focusing on the First Amendment. Gabe served as an attorney in private practice before coming back to the ACLU. Prior to law school, Gabe worked in the WLO as a senior writer and communications specialist. Gabe has a J.D. magna cum laude from the Georgetown University Law Center, where he was a notes editor of the Georgetown Law Journal, and a B.A. from McGill University in political science and history, where he was on the dean’s honors list.

Justice Department's Overreaching on Leaks Threatens Freedom of the Press

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 3:54pm

A week after the Department of Justice notified the Associated Press that it had secretly seized records for more than 20 phone lines...

IRS Abuses Power in Targeting Tea Party

By Michael Macleod-Ball, Chief of Staff, ACLU Washington Legislative Office & Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 9:58am

The extraordinary revelation this week that the Internal Revenue Service targeted tea party groups for more aggressive enforcement highlights exactly why caution is needed in any response to the much-vilified Supreme Court decision in Citizens United v. FEC.

DOJ's AP Phone Logs Grab Highlights Renewed Need for Shield Law

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:31pm

Update: The administration has asked Sen. Schumer to reintroduce the Free Flow of Information Act, Rep. John Conyers (D-Mich.) just announced that he will do so in the House, and Rep. Ted Poe (R-Texas) introduced a similar bill today. The administration should certainly be commended for taking proactive steps to prevent this from happening again. That said, the administration can’t get in the way this time. The demand in 2009 for a broad exception for national security leaks cases delayed the bill, and tempered enthusiasm among Democrats for the bill in the face of strong opposition by certain Republicans. The 2013 bill must protect against what happened here with the AP, and it’s not clear that the 2009 White House compromise would have done so.

"Ag-Gag" Not Just About Animal Welfare

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 9:54am

A story out of Utah this week neatly showcased the rising concerns among civil liberties and press freedom groups around so-called "ag-gag" laws, which, in various ways, make it illegal to document animal abuse on factory farms and other agricultural businesses. In Utah, authorities charged a local woman with taking photographs of animal cruelty from a public vantage point, and then quickly dropped the charges after significant public outcry.

How Big a Deal is H.R. 347, That “Criminalizing Protest” Bill?

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:56am

Recent days have seen significant concern about an unassuming bill with an unassuming name: the "Federal Restricted Buildings and Grounds Improvement Act of 2011." The bill, H.R. 347, has been variously described as making the First Amendment illegal or criminalizing the Occupy protests.

The truth is more mundane, but the issues raised are still of major significance for the First Amendment.

Worst Facts Make Worst Law with Violent Video Games

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:43pm

It’s perfectly understandable that after the tragedy in Newtown, Conn., everyone is casting about for an answer to a singular question: why?

As past is prologue, we shouldn’t be surprised that several members of Congress have settled on media violence as the possible culprit, noting stories that Adam Lanza may have “obsessively” played Starcraft and Call of Duty. Sen. Jay Rockefeller (D-WV) is reportedly circulating legislation mandating a study on youth exposure to violent video games.

New Expansion of Stalking Law Poses First Amendment Concerns

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:55pm

Nestled away in the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), which was signed last week by President Obama and is otherwise a very good law, exists a provision that may significantly broaden the already overly expansive federal stalking law.

The original statute, interestingly enough, was the law Paula Broadwell was suspected of violating when the FBI investigation uncovered the Petraeus affair last year, which I wrote about here. Right now, the statute covers two different types of conduct.

English as a First Language

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:40pm

Sigh. As if we don’t have enough divisiveness in this country, a familiar subset of Congressional Republicans are trotting out yet another discriminatory bill papered over with hollow rhetoric about “unity,” “commonality” and shared national vision, which will be the subject of a hearing in the House Constitution Subcommittee today. (Here’s the ACLU’s statement, which focuses mainly on the civil rights and immigration issues in the bill; I’m just covering the First Amendment in this post.)

Common Ground on Campaign Finance

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:46am

Earlier this week, a Senate Judiciary subcommittee, chaired by Sen. Sheldon Whitehouse (D-R.I.), held a hearing on campaign finance law enforcement. We submitted comments highlighting a few areas of common ground between the ACLU and proponents of campaign finance reform.

Open Source Intelligence and Crime Prevention

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 5:00pm

Buried on page A25 of Thursday’s New York Times is a tiny story on what’s likely to become a big problem after the recent horrific mass shooting. According to the report, top intelligence officials in the New York City Police Department met on Thursday to explore ways to identify “deranged” shooters before any attack. One of these tactics would involve “creating an algorithm” to identify keywords in online public sources indicative of an impending incident. In other words, they seek to build an algorithm to constantly monitor Facebook and Twitter for terms like “shoot” or “kill.”

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