Due Process

Due process is what separates a democracy from a police state. As the Fourteenth Amendment of the Constitution states, the government shall not "deprive any person of life, liberty, or property" without first having a fair chance to defend themselves.

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Immigrants with Mental Disabilities Deserve Due Process

By Jennifer Stark, ACLU of Southern California at 10:40am

Ever Francisco Martinez-Rivas, 31, suffers from schizophrenia and hallucinations, and exhibits unexpected patterns of behavior. After getting into an argument with his stepfather that turned violent, he was taken into police custody.

Though Mr. Martinez is a lawful permanent resident of the U.S. and has lived here since the age of 9, current laws allow the federal government to deport Mr. Martinez to his birth country, El Salvador, because he lacks U.S. citizenship.

Megalawsuit Against BitTorrent Users Threatens Due Process

By Rachel Myers, ACLU at 4:56pm

Time Warner Cable recently asked a federal court to quash subpoenas it received seeking the identities of thousands of its customers. The subpoenas came as part of several lawsuits filed by members of the movie industry who allege the individuals downloaded certain movies using BitTorrent.

The lawsuits were all filed by the Washington, D.C., law firm "U.S. Copyright Group" (USCG). Six virtually identical lawsuits have been filed already in D.C. implicating thousands of individuals, and numerous subpoenas have been issued to Internet service providers (ISPs) seeking the names and addresses of users who allegedly downloaded certain movies. Several ISPs have complied, but Time Warner Cable moved to quash the three subpoenas it received.

Death Without Due Process

By Suzanne Ito, ACLU at 2:54pm

Today, the National Security and Foreign Affairs Subcommittee of the House Committee on Oversight and Government Reform held a hearing called "The Rise Of The Drones II: Examining The Legality Of Unmanned Targeting."* The hearing addressed the legality of the use of unmanned systems (i.e. drones) in Iraq, Afghanistan, the Pakistani border regions, and elsewhere.

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