Blog of Rights

History Is On Our Side: Why the Federal Contraception Rule is Constitutional

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Anthony Rothert, Legal Director, ACLU of Eastern Missouri at 5:26pm

History has a way of repeating itself. Almost five decades ago a court in South Carolina considered a claim that a restaurant owner could refuse to serve African-American customers because integration of the races was against his religious beliefs. The court rejected that claim, and courts went on to do the same when faced with other, similar claims that religion can be used to discriminate. 

Big Data: NSA, Facebook—and My University?

By Bennett Stein, ACLU Speech, Privacy and Technology Project at 12:51pm

On Sunday, the New York Times published an extensive piece surveying the ways American universities are using their access to students’ information to tailor their college experiences. Universities collect a huge amount of data on their students—course selection and grades, past educational experience and standardized test scores, and other personal information. Austin Peay University analyzes a student’s data and suggests classes in which the student is likely to “succeed.” Arizona State University uses its data to identify students who are “off track” based on course selection and course results. ASU is also experimenting with using information on student swipes of ID cards around campus—at the gym, at the dining hall, at the dorm, at the library, etc.—to understand social ties. (Last week, my colleague Catherine Crump also wrote about universities experimenting with monitoring students’ internet usage to assess mental health.)

Newest School RFID Scheme is Reminder of Technology’s Surveillance Potential

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:42pm

It’s funny how unpredictable the course of technology is. A few weeks ago it was reported that a Texas school district plans to implant RFID chips in student IDs, and use them to track the whereabouts of students. RFID chips, of course, are what make all kinds of contactless technologies work, from toll booth speed passes to contactless transit passes and entry keys. We have seen attemtps to use RFID’s in schools before and have opposed such efforts, not only because we don’t want to see this kind of intrusive surveillance infrastructure gain inroads into our culture, and because we should not be teaching our children to accept such an intrusive surveillance technology, but also because RFIDs are a generally insecure technology not appropriate for use with children.

New Regulation Proposes Government-Funding of Religion

By Elayne Weiss, Washington Legislative Office at 5:27pm

Did you know your federal tax dollars could soon be used to help construct, acquire or rebuild houses of worship overseas? The U.S. Agency for International Development (USAID), the government agency primarily responsible for distributing foreign aid, has proposed a new rule that, if adopted, would allow federal funds to do just that.

Of course this deeply flawed proposal is unconstitutional, as the Supreme Court has consistently ruled that the First Amendment's Establishment Clause prohibits the federal government from using tax dollars to construct or maintain buildings devoted to religious instruction or worship.

It Doesn’t Matter How Many Lawsuits Are Filed, the Contraception Rule Is Constitutional

By Brigitte Amiri, ACLU Reproductive Freedom Project at 4:20pm

Sheer repetition of an incorrect argument does not make that argument correct.  This holds true for the lawsuits challenging the federal contraception rule, which ensures that millions of women will have access to contraception without a co-pay.  Those who are trying to eliminate the rule in the courts have now filed almost 45 lawsuits.  They can file 100 lawsuits, but it won’t change the legal analysis.  As we’ve said before, the contraception rule is constitutional.  For the last five decades, courts have held that rules designed to eradicate discrimination – like the contraception rule – cannot be trumped by a business owner’s religious beliefs.

United We Dream

There are 2.1 million of us. Then, there are our parents, friends, and neighbors—courageous, hardworking undocumented Americans. Together, we are 11.2 million. We’ve met and overcome great hardship.

Honor Student Jailed and Fined for Missing School

By Taurean K. Brown, Racial Justice Program at 12:57pm

Texas Judge Lanny Moriarity's decision to "make of an example" of 17-year old honor student Diane Tran succeeds only in highlighting the insensitive and counterproductive treatment of Texas juveniles in the state's criminal justice system. Judge Moriarty fined Diane and sentenced her to spend 24 hours in jail with adults charged with serious criminal offenses. The crime? Truancy. Tran is a straight-A student taking difficult college courses and missed classes because she has been working two jobs to help support a family torn apart by divorce and her mother's abandonment. Tran should, in fact, be made an example of, but not because of the number of school days she missed; Tran exemplifies the triumph of determination and hard work over serious adversity.

Resolution Introduced in House to Condemn NYPD Muslim Spying

By Mitra Ebadolahi, Legal Fellow, ACLU National Security Project at 1:39pm

Yesterday, Rep. Rush Holt (D-N.J.) introduced a resolution — the first of its kind — condemning the New York Police Department's unjustified surveillance and unlawful profiling of American Muslim communities. The NYPD's illicit surveillance — documented in an extensive, Pulitzer Prize-winning series of news reports by the Associated Press — targeted law-abiding American Muslims in their places of worship, small businesses, and student- and community-based organizations. The surveillance occurred not only in New York, but as far afield as New Jersey, Pennsylvania, and Connecticut. Several other members of Congress joined Holt in introducing the resolution, including Reps. Judy Chu (D-Calif.), Keith Ellison (D-Minn.), Michael Honda (D-Calif.) and Jesse Jackson, Jr. (D-Ill.).

Counting On Us: Release of New Civil Rights Data Is the First Step in Helping Our Kids

By Deborah J. Vagins, ACLU Washington Legislative Office at 5:21pm

Every day, students in public schools across the country are facing harsh disciplinary measures that may have dire consequences for the rest of their lives.

That was confirmed this week when the Department of Education released Part Two of its 2009-2010 Civil Rights Data Collection (CRDC), which showed minority students face much harsher punishments and penalties in our nation’s public schools than others.

African-American students are 3 1/2 times more likely than their white peers to be suspended. Though African-American students made up only 18 percent of enrolled students, they accounted for 39 percent of those expelled, and were subject to zero tolerance policies at disproportionate rates. A shocking 70 percent of students arrested or referred to law enforcement were Latino or African-American.

Don't B-SHOCked: Settlement Shows Public Schools Can't Proselytize

By Heather L. Weaver, ACLU Program on Freedom of Religion and Belief at 4:25pm

A federal judge signed and entered a consent decree and order today in the ACLU’s case challenging widespread and pervasive religious practices in South Carolina’s Chesterfield County School District. The ACLU brought the lawsuit on behalf of a local father, Jonathan Anderson, and his son, who is a student at New Heights Middle School. Both are non-believers. The school district’s unlawful practices promoting religion garnered national attention after a video was posted online documenting a school-day assembly that featured a Christian rapper who calls himself “B-SHOC” (pictured). The assembly also included a sermon delivered by an evangelical youth minister, and students were asked to sign cards pledging themselves to Jesus. Students who did not want to attend the assembly were told that they could instead spend the afternoon in in-school suspension.