Blog of Rights

School Promises In Settlement To Stop Removing Library Books For 'Advocacy Of Homosexuality'

By Joshua Block, LGBT Project at 4:49pm

Last year, Davis School District in Utah removed a children’s book about a family with two moms...

Hurray for Google Transparency, Now Where is Everyone Else?

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 3:16pm

Google released its latest transparency report today. They’ve made some interesting additions and the overall number of government requests is on the rise. But before we get to that, there is one major overriding point: good for Google and where is everybody else? The only other major company to release these types of numbers is Twitter. Where are Verizon and Facebook and Microsoft? How about AT&T, Amazon or Comcast? I could make this list endless but the major salient fact is that Google has paved the way (this is their 7th report) and there hasn’t exactly been a stampede to follow suit.

Twitter Subpoenas Chill Free Speech; Latest Example is in San Francisco

By Linda Lye, Staff Attorney, ACLU of Northern California at 4:52pm

In a disturbing trend that can have a chilling effect on free speech, law enforcement agencies around the country are seeking wide-ranging information about the social networking activity of political activists. The San Francisco District Attorney recently issued subpoenas to Twitter for tweets by two political protesters, Lauren Smith and Robert Donohoe, who had been charged with rioting and unlawful assembly during a Columbus Day demonstration last year. They had been active on Twitter but disabled their accounts after the protest.

Rhetorical Support Is Not “Material Support”

By Alexander Abdo, Staff Attorney, ACLU National Security Project at 2:37pm

We Americans cherish few rights more than the right to speak our minds. And yet that right often comes under attack. Most recently, the federal government has used laws criminalizing the “material support” of foreign terrorist organizations to prosecute people who hold unpopular political views. Take the case of Tarek Mehanna, a native of Sudbury, Massachusetts.

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.”

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.

Adding Audio Recording to Surveillance Cameras Threatens A Whole New Level of Monitoring in American Life

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.

Businesses Do Not Have a License to Discriminate

By Joshua Block, LGBT Project at 4:24pm

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.”

Selling Drugs and the First Amendment

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:46pm

A few folks have asked me about the recent Second Circuit decision in United States v. Caronia, in which the court found that criminalizing the promotion of “off-label” pharmaceutical uses by a drug company sales representative violated the First Amendment. I cover a lot of commercial speech issues in the legislative context, so let me try to explain why I think the decision is probably right (“probably” being the operative term), and significant.