Freedom of Expression

Vote for the ACLU’s SXSW Panels!

By Ateqah Khaki at 1:18pm

The South by SouthWest Panel Picker has launched for the 2013 festival, and we need your help!

The ACLU has submitted two panel pitches (one and two) for SXSW Interactive, which will take place March 8-12, 2013 in Austin, Texas. (Wondering why the ACLU is going to SXSW? We work with policymakers, business and community members every day on issues related to privacy, free speech and emerging technology. And as we’ve done for the past several years, we’ll be at SXSW this year to make sure that privacy is on the agenda!)

ACLU Backs Up Twitter In Court Over Attempt to Defend Users’ Rights

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 2:52pm

We filed a friend-of-the-court brief today in New York state court in support of Twitter’s efforts to protect the constitutional rights of one of its users. As we posted earlier this month, Twitter took a great step to defend its users’ rights by filing a motion to quash a subpoena that the District Attorney’s Office in Manhattan issued in connection with the prosecution of an Occupy Wall Street protester.

Buddhists, “True Threats” and Twitter

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 4:55pm

One of the very few pleasant things about being an attorney is that even some of the most boring cases have wacky backstories. This post is about one of the wackiest--though the issues raised illustrate certain constitutional concerns with a very short section in the very long Violence Against Women Reauthorization Act, which just passed the House yesterday over ACLU opposition.

In February of last year, a federal judge in Maryland issued a criminal complaint against one William Lawrence Cassidy. Mr. Cassidy, it seems, had allegedly infiltrated a Maryland area Buddhist community by claiming to be a “tulku,” a high-ranking Buddhist religious figure who, unlike lay Buddhists and the lesser-ranked “lamas,” gets to choose the form of his reincarnation. Through this alleged ruse, Mr. Cassidy attempted to gain the trust of Jetsunna Ahkon Lhamo (born Alyce Louise Zeoli), the first Western woman to legitimately be enthroned as a tulku.

Librarians for Privacy

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:54pm

The American Library Association has created an excellent public education resource on the privacy issues facing our society – a web site called privacyrevolution.org.

The ALA has long been a staunch defender of privacy and free speech, and a frequent ally of the ACLU on those issues. In fact, libraries have been the scene of many free speech battles in recent years. If you think about it, librarians are our natural allies since libraries exemplify the democratic ideal of citizens’ access to information, while protecting those citizens’ right to keep their inquiries and interests private. As the site explains:

You Can’t Hide Families Behind The Desk: How Utah School Officials Are Violating The First Amendment In Library Book Case

By Joshua Block, LGBT Project at 1:09pm

The ACLU LGBT Project and the ACLU of Utah filed a lawsuit earlier today challenging a decision by Davis School District in Davis County, Utah, to remove a children’s picture book about a family with two moms from all elementary school libraries in the district.  The book, called In Our Mothers’ House, was written by Patricia Polacco, an acclaimed author of award-winning children’s literature.  The School Library Journal gave In Our Mothers’ House a rave review and recommends the book for children in grades 1 to 4.  The school district decided to remove the book from the library shelves and hide it behind the librarians’ desks in response to complaints from some parents that the book “normalizes a lifestyle that we don’t agree with.”  The school district has claimed that having a book about a family with same-sex parents on the library shelves would also violate Utah’s sex-education laws because it would amount to “advocacy of homosexuality.”

Is the ACLU Inconsistent on Regulation of Speech and Privacy?

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.”

Apple, Drone Strikes, and the Limits of Censorship

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:55pm

Wired reported last week that the Apple App Store has rejected an app that compiles news reports in order to map overseas U.S. drone strikes, and provide users a pop-up notification whenever a drone strike has been reported.

Apple rejected the app several times, at first citing problems with its functionality, and then telling the developer that the app “contains content that many audiences would find objectionable.”

Know Your Rights at the DNC!

By Ateqah Khaki at 3:37pm

Earlier this week, we told you about your RNC-related rights, and now we’ve pulled together similar resources specific to the Democratic National Convention.

As we mentioned before, while the First Amendment protects our rights to free speech and assembly, police and government officials are allowed to place certain nondiscriminatory and narrowly drawn "time, place and manner" restrictions on the exercise of First Amendment rights. These restrictions must apply to all speech regardless of its point of view, but this does mean that how these rights manifest themselves do vary from state to state and city to city.

Government’s “Anti-leak” Measures Attack Privacy and the Press

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.”

Constitution Doesn’t Need Purple Heart After Narrower Stolen Valor Bill Approved

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 6:46pm

A couple weeks ago, I wrote about a revamped version of the so-called Stolen Valor Act. The revamp responded to a Supreme Court decision that declared an earlier version of the legislation—which made it a crime to falsely claim to have a military medal—unconstitutional. Sponsors of that bill failed to learn the lesson of that decision (which was written, not incidentally, by the radical leftist Justice Anthony Kennedy, and joined by card-carrying ACLU member, Chief Justice Roberts). If the original Stolen Valor Act were a seven on the scale of unconstitutionality, the revamped version in the House went to 11. Fortunately, cooler heads prevailed and the initial H.R. 1775 was replaced by a far preferable version introduced by Rep. Tim Griffin (R-AR).

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