Blog of Rights

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.

My Genes Are My Own

When I was diagnosed with breast cancer, patent law was the last thing on my mind. Then again, I didn’t know that one company could have an exclusive right to the genetic information that could save my life.

School Principals: Students Have Privacy and Free Speech Rights Too!

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 10:05am

One of the technology-related civil liberties battles that ACLU affiliates around the country have been fighting in recent years involves defending students’ rights to privacy and free expression in the new electronic media that are becoming such a large part of their lives. For some reason many school officials seem to believe that when it comes to online communications, students have no such rights

AP Phone Records Scandal Highlights a Broader Problem: Lack of Checks and Balances on Government Access to Records

By Patrick C. Toomey, Fellow, ACLU National Security Project at 11:36am

Last week we learned that the Department of Justice, in an unprecedented intrusion on the work of journalists, had obtained records for twenty telephone numbers belonging to the Associated Press or its reporters, spanning April and May 2012. The telephone records obtained do not include the content of phone calls, but they likely reveal the phone number of each and every caller on those lines for a period of weeks and, therefore, the identity of scores of confidential media sources.

The seizure of these records came to light only because the government has a special set of guidelines that require it to notify any media organization of a subpoena for its records within (at most) 90 days. The AP appears to have learned of the seizure of its phone records, albeit after the fact, only because of this special policy.

The notice given to the AP has generated a healthy debate over the limits on the government’s authority to acquire our telephone and internet records. But what if you aren’t a media organization and, therefore, do not benefit from the special government policy entitling you to notice when the government obtains your telephone or internet records? What information can the government get about you, and is it even required to tell you when it does so?

In Disturbing Trend, Kansas School the Latest to Punish Student for Harmless Tweet

By Greger Calhan, Legal Fellow, ACLU, Racial Justice Program & Brian Hauss, Legal Fellow, ACLU Speech, Privacy and Technology Project at 2:46pm

Update: An earlier version of this post did not cite Heights High School's letter to Wesley and his parents, which was originally published on KWCH.com.

In Kansas, joking about sports can be hazardous to your high school graduation. Wesley Teague, the senior class president at Heights High School in Wichita, Kansas, found this out the hard way. In a gently mocking 48-character Twitter post, Wesley wrote:

The Privacy-Invading Potential of Eye Tracking Technology

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.

NEW LAWSUIT: Police Should Stop Arresting Innocent People Just for Being on a Business’s Property

By Jason Williamson & Miriam Aukerman, Staff Attorney, ACLU of Michigan at 1:46pm

The next time you're in Grand Rapids, Michigan and need to pull into a gas station to make a phone...

“Fixing” Citizens United Will Break the Constitution

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 7:21pm

Originally posted on The Huffington Post.

In “Fixing Citizens United,” Professor Geoffrey Stone—usually a friend to the First Amendment—argues for a constitutional amendment to “fix” the Citizens United Supreme Court decision. Professor Stone mentions the proposal rather offhandedly, but the idea is a nuclear option. A constitutional amendment—specifically an amendment limiting the right to political speech—would fundamentally “break” the Constitution and endanger civil rights and civil liberties for generations.

Police Cameras Outside Your Door

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:56am

The ACLU of Michigan recently put out an interesting report on surveillance cameras. Like other ACLU reports on cameras (such as those by our affiliates in Illinois and Northern California, and the materials on our national site) it summarizes the policy arguments against cameras. But it also focuses on a uniquely disturbing application of surveillance cameras: their deployment in residential neighborhoods.

Responding to The Washington Post's Walter Pincus on Leaks and Shield Laws

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 3:11pm

Washington Post national security reporter Walter Pincus has recently written several columns criticizing the press and First Amendment advocates...