Freedom of Expression

From Coast to Coast, Occupy Movement Springs Into Action

Occupy Report from Oakland (by Rebecca Farmer, ACLU of Northern California)

The May Day protests in Oakland saw a great deal of police presence and use of force, but not quite to the degree that we saw during demonstrations in the fall of 2011. Still, reports of multiple rounds of tear gas, flash bang grenades and possibly other projectiles raise questions. The OPD has a clear policy governing how it should deal with protests, but the department has violated protesters’ rights on far too many occasions in the past. The policy and common sense require OPD to use the minimal force necessary to disperse a crowd.

Police and Photography: Can’t Stop the Signal

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 3:05pm

There’s been an uptick in protest activity this month around the country–May Day saw a resurgence in the Occupy movement, and further protests are expected around the NATO summit in Chicago, set for May 20th. It’s a safe bet that the vast majority of protesters, police and bystanders are going to have mobile phones (market penetration of the devices in the United States in 2011 was literally more than 100%, meaning lots of folks have more than one, which is so American). It’s also a safe bet that most of those phones will have cameras. Some of those cameras will even be able to take broadcast-quality video.

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.

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.”

At the RNC? Know Your Rights!

By Ateqah Khaki at 6:09pm

After a brief weather-related delay, the 2012 Republic National Convention is finally getting underway. Although crowds of protestors are smaller than initially expected, as we recently pointed out, in past years, political conventions have sometimes become “constitutional black holes” that stifle free speech and other First Amendment protected activity.

Menino v. Chick-fil-A

By Carol Rose, Executive Director, ACLU of Massachusetts at 10:27am

You know we are in the silly season of summer when Boston Mayor Thomas Menino fires up the old bully pulpit to roast his political enemies and fire up his base.

Supreme Court Rejects Government’s Attempt to Criminalize Lying

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.

New York Court Denies Twitter Motion to Quash Occupy Protester Subpoena

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.

Statistics image