American Civil Liberties Union

On January 11, 2013, facing decades in prison on trumped up charges, my partner, Aaron Swartz, made the tragic choice to take his own life. He was only 26.

Aaron's supposed crime? He was accused of checking out too many articles (4.8 million), too fast, from an online academic library called JSTOR, to which he had authorized access. He never used or distributed the articles and later returned them. For that, he faced 35 years behind bars and endured two years of relentless persecution.

The Petraeus Affair Affair is salacious stuff. It also, naturally, raises a lot of questions about privacy. But there’s also an interesting First Amendment angle underneath the sensation: why did the FBI investigate Paula Broadwell—the Petraeus biographer and paramour who allegedly sent “harassing” emails to Tampa housewife Jill Kelley—in the first place? The Daily Beast reported Tuesday that none of the Broadwell emails contained “overt threats,” and really amounted to “cat-fight stuff” (a source’s words, not mine). Further, it appears the email that initially prompted Kelley to go to the FBI (titled “kelleypatrol”) was forwarded by General Allen, not sent directly. And, apparently, prosecutors expressed doubt that any of the emails constituted a threat.

This past week we saw a strong step forward on photographers’ rights in Washington DC: a groundbreaking General Order issued by the DC police chief as part of the settlement of an ACLU lawsuit. This is the latest in the ACLU’s ongoing effort to fight for the rights of photographers—especially the right to record police—in courts (and courts of public opinion) around the country.

This is day two of our blog series on The Fight To Take Back Our Genes featuring voices...