Freedom of Expression

Not a Real Family? Book About Two Moms Banned in Utah School District

In Our Mothers’ House, by Patricia Polacco, is a children’s book about three adopted children and their two mothers.  In response to complaints from a subset of parents that the book “normalizes a lifestyle we don’t agree with,” Davis School District in Utah has instructed its elementary school librarians to remove all copies of the book from the library shelves and place the book behind a counter where students must have written parental permission to read it.

FOIA Documents Show FBI Was Watching Occupy Protestors, Some Docs Still Secret on National Security Grounds

By Linda Lye, Staff Attorney, ACLU of Northern California at 10:23am

Just shy of the one-year anniversary of the inaugural Occupy Wall Street protests, the ACLU of Northern California obtained initial documents from the FBI about surveillance of Occupy demonstrations in the region (see the FBI’s response here).

The documents came after an ACLU-NC lawsuit filed after the FBI refused to release any documents in a Freedom of Information Act request. The documents are significant for two reasons:

Stolen Valor Vote in House Today

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:22pm

The second coming of the “Stolen Valor” Act (the Supreme Court struck down the first iteration on First Amendment grounds last term) is on the House’s “suspension” calendar today, meaning it will pass with a two-thirds majority vote, without amendment and after 40 minutes of debate.  The bill would create additional federal penalties for “fraudulent” representations concerning military decorations.

Do Androids Dream of Electric Speech?

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.

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.

Blocked Leaks Bill More About Message Discipline Than National Security

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 6:36pm

Sen. Ron Wyden (D-OR) deserves significant credit for placing a hold today on a draft intelligence spending bill that would place enormous new obstacles in the path of journalists trying to report on government illegality, fraud and waste in the intelligence community.  Although it is true that national security sometimes requires secrecy, restrictions on freedom of the press would do little to benefit the national security while significantly insulating government wrongdoing from public scrutiny. 

FTC Proposes Changes to Privacy Law That Collide With Free Speech

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:59am

Back in the waning years of the Clinton administration, Congress quietly enacted an important internet privacy bill (the passage of which was overshadowed by other, more salacious developments). The Children’s Online Privacy Protection Act (“COPPA”) requires any website “target[ing]” children under the age of 13 to notify a child’s parent and receive verifiable consent before collecting personal information from that child. A lot of COPPA is about controlling online marketing activities involving young children, who may not appreciate the dangers in disclosing sensitive personal information to commercial entities.

Two More Days to Vote for ACLU SXSW Panels!

By Ateqah Khaki at 1:22pm

The ACLU is hoping to be at South by SouthWest next March, and we need your help! We’ve submitted four panel pitches (one, two, three and four) for SXSW Interactive, and there are two days left for the public to vote for and comment on the topics we’ve proposed.

Shutting Down Cell Service During Protests: The Constitutional Dimension

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 8:19am

The Bay Area Rapid Transit System (“BART,” for short) has a serious public relations problem. BART Police have been involved in three fatal shootings of BART passengers in the past three years, including the Oscar Grant incident in 2009, in which an unarmed African-American New Year’s Eve reveler was shot in the back while lying face-down on a BART platform by a white police officer who later testified that he meant to use his taser, not his pistol. The shooting, and the controversial verdict in the criminal trial of the BART police officer, spurred widespread protests.

Fifty Shades of Censorship

By Maria Kayanan, ACLU of Florida at 4:35pm

This year marks the 30th anniversary of “Banned Books Week,” the American Library Association’s rousing celebration of free speech, and its condemnation of government shackling of library bookshelves across the nation. Free speech is a core mission of the ACLU: books are speech. They enrich us; they teach us; they entertain us; they confound us; and they challenge us. And sometimes, they make us uncomfortable. But there is no room on library shelves for censorship.

Statistics image