Blog of Rights

Rachel
Myers

Rachel Myers is a senior communications strategist at the ACLU focusing on criminal justice issues. She worked previously at the ACLU of Maine and the Portland (ME) Education Partnership, where she trained teachers, students and community organizations to use service learning in the public schools. She is a graduate of the University of Texas at Austin.

Words Are All We Have

By Rachel Myers, ACLU at 11:21am

George Carlin, a warrior for the First Amendment who exercised his right to free speech even after being arrested for it, died last night.

In his landmark comedy routine, “Seven Words You Can Never Say on Television,” Carlin reminded everyone of the arbitrariness of government censorship:

There are some people that aren't into all the words. There are some people who would have you not use certain words. Yeah, there are 400,000 words in the English language, and there are seven of them that you can't say on television. What a ratio that is. 399,993 to seven. They must really be bad. They'd have to be outrageous, to be separated from a group that large. All of you over here, you seven. Bad words. That's what they told us they were, remember? 'That's a bad word.' 'Awwww.' There are no bad words. Bad thoughts. Bad intentions.
That routine landed New York radio station WBAI in the Supreme Court in the 1970s. The station was censured and fined by the FCC for airing Carlin’s bit, and the Supreme Court upheld the decision in 1978, ruling that “of all forms of communication, broadcasting has the most limited First Amendment protection.”

Bank Drops Case Against Wikileaks

By Rachel Myers, ACLU at 9:02pm
Swiss Bank Julius Baer announced today that it's dropping its lawsuit against whistleblower website Wikileaks.

If you've been following the case, you know that it all started when the bank filed a lawsuit against the site because of

Protestors Should be Seen and Heard

By Rachel Myers, ACLU at 11:58am

Once again, it appears free speech may be the victim of official White House policy. In the rather un-grand tradition of shielding the president from dissenting opinions, several New Mexicans were recently made to stand 150 yards - and behind a blockade of police cars and horses - away from the presidential motorcade route while Bush supporters wielding a "God Bless George Bush! We Pray for You!" sign got right up close.

Like the Ranks in West Virginia who were escorted out of a Bush speech for their anti-Bush T-shirts, or Leslie Weise and Alex Young who were kicked out of another presidential event in Denver for the "No Blood for Oil" sticker on their car, it's likely that the treatment of the New Mexico protestors was dictated by the official Presidential Advance Manual.

This manual encourages people on the ground at the site of a presidential appearance to "ask the local police department to designate a protest area where demonstrators can be placed, preferably not in view of the event site or motorcade route" and suggests "rally squads" of supporters to "use their signs and banners as shields between the demonstrators and the main press platform."

Today the ACLU filed a complaint in federal court on behalf of six of the New Mexico protestors. The Constitution guarantees us all the right to express our views and protects us from being treated differently because of them. Policies - from the White House, local law enforcement agencies or otherwise - that dictate different treatment for different opinions is unconstitutional, and we hope this case proves so once and for all.

You can learn more about the case from blogger Chris Weigant's interview with ACLU Staff Attorney Catherine Crump on HuffingtonPost.

ACLU Lens: Connecticut Poised to Become 17th State to Repeal Death Penalty

By Rachel Myers, ACLU at 4:58pm

The passage late Wednesday by the Connecticut House of a bill to repeal the death penalty is the latest sign of growing momentum in favor of ending the use of executions nationwide.

Execution in Texas, Despite So Much

By Rachel Myers, ACLU at 8:25pm

Today, Texas executed Humberto Leal Garcia, a Mexican national who was tried, convicted and sentenced to die in the state of Texas without ever being given access to the Mexican consulate. Most agree his sentence would have been different if he had been given that access. It is certain that his lawyer would have been different – Mexico pays for experienced lawyers to defend against death penalty cases for its citizens.

Texas violated Leal’s rights under Vienna Convention on Consular Relations when it neglected to inform him of his right to consult the Mexican consulate upon his arrest. The Texas authorities don’t even deny that – they simply say, in legalese, “too bad.” Because of their ability to rely on the hypertechnical timing requirements of state and federal law, Texas prosecutors can afford to ignore a legitimate legal claim. Not deny the claim, mind you – just ignore it.

The Unfriendly Skies: JetBlue/TSA Officials Pay $240,000 for Grounding Arabic T-Shirt

By Rachel Myers, ACLU at 4:34pm

When it rains, it pours… stories about discrimination at the airport. As AirTran Airways scrambled to make good after excluding a Muslim family from one of their flights last week, a discrimination case from 2006 was settled when two Transportation Security Authority officials and JetBlue Airways paid Raed Jarrar $240,000 to settle charges that they illegally discriminated against the U.S. resident based on his ethnicity and the Arabic writing on his T-shirt.

VIDEO: African-Americans Excluded From Capital Case Juries

By Rachel Myers, ACLU at 1:54pm

Laverne Keys, a longtime North Carolinian who wished to do her civic duty by serving on a jury, believes she was excluded from service because she is black. “It made me feel like I was back in 1960, that racism is still very much alive. It makes you wonder whether all these people are being given a fair trial or given a fair consequence so far as the death penalty,” she says in a new video out today from the ACLU.

North Carolina Governor Vetoes Repeal of Historic Racial Justice Act

By Rachel Myers, ACLU at 4:38pm

North Carolina Gov. Beverly Perdue today courageously vetoed a bill to repeal that state’s Racial Justice Act (RJA), an historic 2009 state law enacted to ensure that death sentences handed down in the state are not the result of racial bias in the trial and jury selection process.

Last month the North Carolina legislature voted to repeal RJA, which allows death row inmates to present statistics showing that race was a factor at the time of their trial. If an inmate was able to show that, his or her death sentence would be converted to life in prison without parole.

Troy Davis Execution Set — Take Action Today!

By Rachel Myers, ACLU at 9:34am

The State of Georgia plans to execute Troy Davis at midnight on September 21, even though he is very likely innocent.

Davis has been scheduled for execution three times before, and three times his execution has been stayed amid doubts and new evidence against other suspects. Davis was sentenced on the basis of witness testimony, but seven of nine original witnesses have since recanted or changed their testimony.

Omar Khadr Is Not a Military Commissions Guinea Pig

By Rachel Myers, ACLU at 4:18pm

The New York Times ran an excellent editorial today underscoring the injustice of prosecuting alleged former child soldier Omar Khadr in the first military commissions trial since the Military Commissions Act (MCA) of 2009.

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