Freedom of Expression

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.

Who’s a Radical Now?

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 11:10am

The Bipartisan Policy Center published a report last week called, “Countering Online Radicalization in America,” which strongly endorsed First Amendment principles in rejecting censorship as an appropriate tactic for addressing violent extremist content on the Internet.  The report evaluated the many methods governments around the world use to censor the Internet – including filtering or blacklisting online content, taking down websites (either through legal means, cyber attacks or appealing to private sector providers), and prosecuting Internet content producers – and rejected them all as both ineffective in stopping the spread of undesirable ideas, and an affront to American values: “For the United States, the cost-benefit analysis would be even clearer:  with its long and cherished tradition of free speech, the creation of a nationwide system of censorship is virtually inconceivable.”  But the BPC’s positive recommendations are potentially undermined by its continuing embrace of a radicalization theory that draws too close a causal connection between “radical” ideas and violent action.

Petraeus and the Perils of Federal Cyber-Stalking Laws

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 10:52am

The Petraeus Affair Affair is salacious stuff. It also, naturally, raises a lot of questions about privacy. But there’s also an interesting First Amendment angle underneath the sensation: why did the FBI investigate Paula Broadwell—the Petraeus biographer and paramour who allegedly sent “harassing” emails to Tampa housewife Jill Kelley—in the first place? The Daily Beast reported Tuesday that none of the Broadwell emails contained “overt threats,” and really amounted to “cat-fight stuff” (a source’s words, not mine). Further, it appears the email that initially prompted Kelley to go to the FBI (titled “kelleypatrol”) was forwarded by General Allen, not sent directly. And, apparently, prosecutors expressed doubt that any of the emails constituted a threat.

ACLU Backs Strong Speech Stance After “Muslims” Video Backlash

By Sandra Fulton, ACLU Washington Legislative Office at 12:08pm

UPDATE: The State Department's response to the ACLU is posted here.

The ACLU sent a letter yesterday to the State Department thanking Secretary Clinton for the department’s unwavering defense of basic free speech principles in the backlash over the controversial “Innocence of Muslims” video. While the video was blamed for riots, violence, and unrest in many countries, the Obama administration stayed strong against calls at home and abroad to take down the video (though it did, rightly, receive some criticism for “asking” Google to take another look at whether the video violated the company’s terms of service).

BREAKING NEWS: Twitter Stands Up For One Of Its Users

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 12:59pm

Twitter has filed a motion in state court in New York seeking to quash a court order requiring it to turn over information about one of its users and his communications on Twitter. This particular case involves a Twitter user, Malcolm Harris, who is being prosecuted by the District Attorney’s Office in Manhattan for disorderly conduct in connection with the Occupy Wall Street protest that occurred on the Brooklyn Bridge last year. 

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.

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.

NYCLU Report from OWS Anniversary Protests

By Katherine Bromberg, Occupy Wall Street Coordinator, NYCLU at 5:43pm

Approximately 3,000 protesters from across the country amassed in New York City’s financial district to celebrate Occupy Wall Street’s one year anniversary.  Refusing to be deterred by the barricades and checkpoints that precluded them from entering the area by the New York Stock Exchange, protesters broke into numerous roving marches, chanting, singing and throwing confetti.  The NYPD’s response to many of these marches was more tempered than previously observed in other Occupy protests, and a fair number of arrests were the result of civil disobedience. 

Twitter Forced to Hand Over Occupy Wall Street Protester Info

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 5:28pm

This morning, faced with the threat of criminal and civil contempt, Twitter turned over information about Occupy Wall Street protester Malcolm Harris to a New York criminal court judge. This development follows Twitter’s months-long effort to challenge the Manhattan District Attorney Office’s subpoena for Harris’s information, which was issued as part of the D.A.’s disorderly conduct prosecution of Harris stemming from his participation at an Occupy event last fall.

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