By Linda Lye, Staff Attorney, ACLU of Northern California at 6:22pm
In a victory for free speech on the Internet, social network giant Facebook last week corrected a mistake that had the unfortunate consequence of blocking political speech and affirmed its commitment to serving as a neutral platform for political advocacy.
When the Occupy Wall Street movement ignited last fall, there was no shortage of disturbing press reports about NYPD misconduct toward the demonstrators. We've all read stories about the NYPD’s abuses—the eviction of hundreds of protesters from Zuccotti Park, the mass arrest of 700 people on the Brooklyn Bridge, the pepper-spraying of peaceful protesters.
By Kate Wood, Fellow, ACLU Speech, Privacy and Technology Project at 4:36pm
Last week the Supreme Court rejected another attempt by the government to carve out an exception to the First Amendment. It struck down the Stolen Valor Act, a law that makes it a federal crime to lie about receiving medals for military service. In doing so, the Court reinforced the right of citizens to be free from unnecessary government censorship.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:02pm
Adam Thierer of the libertarian Mercatus Center posted a thoughtful critique of my recent piece on online tracking and consumer “choice.” I wrote about a new paper on behavioral advertising and how it “demonstrates the absurdity of the position that individuals who desire privacy must attempt to win a technological arms race with the multi-billion dollar internet-advertising industry.”
By Sandra Fulton, ACLU Washington Legislative Office at 4:16pm
Although the conflict between government classification rules and practices and the First Amendment rights necessary to promote a free and open society is nothing new, recent developments may indicate an alarming shift away from basic First Amendment principles.
A recent article by the Washington Post showed surveillance of federal employees has been stepped up government-wide. According to the article, last year the Food and Drug Administration (FDA) began spying on its scientists, claiming to be looking for the unauthorized sharing of trade secrets. The scientists, however, claim they were being targeted for blowing the whistle on an unethical review process. According the story, such invasive surveillance in the name of national security is spreading. The spyware sold by one software company, SpectorSoft--which claims to have clients in dozens of federal agencies--can do far more than just spy on email. According to the Post, “It could be programmed to intercept a tweet or Facebook post. It could snap screen shots of their computers. It could even track an employee’s keystrokes, retrieve files from hard drives or search for keywords.”
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:40pm
Sigh. As if we don’t have enough divisiveness in this country, a familiar subset of Congressional Republicans are trotting out yet another discriminatory bill papered over with hollow rhetoric about “unity,” “commonality” and shared national vision, which will be the subject of a hearing in the House Constitution Subcommittee today. (Here’s the ACLU’s statement, which focuses mainly on the civil rights and immigration issues in the bill; I’m just covering the First Amendment in this post.)
Why is the FBI spying on Occupy protesters? The ACLU-NC is determined to find out.
The ACLU of Northern California and San Francisco Bay Guardian today filed a Freedom of Information Act lawsuit against the FBI to find out whether and to what extent the feds have been spying on members of the Occupy movement. Although the right to protest goes to the heart of our democracy, and the FBI exists to keep us safe, the FBI has a perverse history of interpreting its mission to mean that it can spy on political activists, including Martin Luther King, Jr.
Last fall, the grassroots protest movement Occupy Wall Street - or simply "Occupy" - swept the nation. Originating in New York, prominent Occupy movements sprung up all overNorthernCalifornia. But the law enforcement response was swift and brutal, as police showered protesters with exploding projectiles, batons, and pepper spray. (The ACLU-NC is currently suing UC Davis over its pepper spraying of peaceful student protesters, and is also partnering with the National Lawyers Guild in suing the City of Oakland over the violent crackdown on Occupy Oakland.)
By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 2:07pm
A New York criminal court judge has issued a decision denying Twitter’s motion to quash a court order requiring it to produce information about one of its users pursuant to a subpoena that the District Attorney’s Office in Manhattan issued in connection with the prosecution of an Occupy Wall Street protester.
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 10:23am
Professor Tim Wu at Columbia had an op-ed in the New York Times yesterday arguing against First Amendment protections for “automated” speech. Here’s the argument distilled:
As a matter of legal logic, there is some similarity among Google, Ann Landers, Socrates and other providers of answers. But if you look more closely, the comparison falters. Socrates was a man who died for his views; computer programs are utilitarian instruments meant to serve us. Protecting a computer’s “speech” is only indirectly related to the purposes of the First Amendment, which is intended to protect actual humans against the evil of state censorship. The First Amendment has wandered far from its purposes when it is recruited to protect commercial automatons from regulatory scrutiny.
By Noa Yachot, Communications Strategist, ACLU at 10:13am
Alex Gibney, the Oscar-winning director of the new documentary “We Steal Secrets: The Story of WikiLeaks,” joined the ACLU’s Ben Wizner to talk whistleblowers, accountability, and government efforts to plug leaks.
The start of the Bradley Manning trial this week comes against the backdrop of a broader crackdown on journalists and their sources, who play a critical role in exposing the government’s growing arsenal of secrets. Gibney and Wizner discuss the charges against Manning, and whether recent investigations—including both those against Fox News reporter James Rosen and WikiLeaks—indicate a creeping criminalization of the journalistic activity that is critical for a healthy democracy.
The result, as “We Steal Secrets” demonstrates—as does “Taxi to the Dark Side,” Gibney’s Oscar-winning documentary exploring the Bush administration’s torture regime—is an erosion of the mechanisms designed to make government both transparent and accountable for its mistakes and even crimes. Gibney asks, “Within the context of a government that’s making everything secret, there comes a point where, if there aren’t leaks, then how are we to hold the government ever to account?”
(WikiLeaks, for its part, took issue with its portrayal in “We Steal Secrets”—read some of the organization’s objections here.)
