June 2011 marks the 40th anniversary of President Richard Nixon's declaration of a "war on drugs" — a war that has cost roughly a trillion dollars, has produced little to no effect on the supply of or demand for drugs in the United States, and has contributed to making America the world's largest incarcerator. Throughout the month, check back daily for posts about the drug war, its victims and what needs to be done to restore fairness and create effective policy.
By Mitra Ebadolahi, Legal Fellow, ACLU National Security Project at 3:33pm
Yesterday, the Associated Press published the latest in its series of investigative articles documenting the New York Police Department’s sweeping surveillance of Muslims in the years since the 9/11 attacks. The article provides new details of the NYPD’s unchecked religious profiling: informants known within the NYPD as “mosque crawlers” secretly infiltrated houses of worship throughout the city and as far afield as New Jersey in 2005 and 2006. This story is now all too familiar. The NYPD has reacted to the threat of future terrorism by casting a wide net of suspicion over entire communities based solely on their religious beliefs, race, or national origin.
Today the ACLU and the New York Civil Liberties Union called on New York City Mayor Michael Bloomberg to investigate religious and racial profiling by the New York Police Department.
In a series of articles, the Associated Press reports the NYPD spied on mosques and Muslim college students far outside New York City, without evidence or allegations of criminal activity. The NYPD surveilled mosques and businesses in Muslim and ethnic communities in Newark and on Long Island, and monitored college students in Pennsylvania and Connecticut, according to documents released by the AP.
The New York City Police Department made a near-record number of low-level marijuana arrests in 2011, surpassing 2010 and making 2011 the second-most prolific period for marijuana arrests in NYC history. The 50,684 arrest occurred despite the fact that possessing a small amount of marijuana is not a crime in New York unless it is in public view.
By Robyn Greene, ACLU Washington Legislative Office at 12:34pm
Yesterday, two important news stories demonstrated how new unchecked surveillance programs we've highlighted in our Spyfiles campaign are violating the constitutional rights of innocent Americans.
The first, a New York Timesarticle revealed that from March 2009 to March 2011, the FBI opened an eye-popping 82,325 investigations called "assessments," which agents can open against individuals or groups without any evidence of wrongdoing. Not surprisingly, based on the low threshold for opening these inquiries, only 3,315 uncovered any facts to justify further investigation. No doubt far fewer actually resulted in criminal charges. But all of the information about the 79,000 innocent people investigated during this two-year period can be retained by the FBI forever, despite the fact no one engaged in wrongdoing of any kind.
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.
By Jennifer Carnig, New York Civil Liberties Union at 5:49pm
Inspired by the Arab Spring, a group of a few hundred protesters have occupied a park right off of Wall Street for more than a week, seeking attention for what they call a greedy and unjust financial system. The staff of the New York Civil Liberties Union (NYCLU) has been on the scene talking to protesters, learning about their experiences with police, and passing out Know Your Rights guides on protesting in New York City and on surviving police encounters.
By Donna Lieberman, New York Civil Liberties Union at 4:02pm
NYPD Commissioner Ray Kelly has issued a directive ordering officers to stop arresting people for misdemeanor marijuana possession when the pot only becomes "public" because an officer has searched a person or directed the person to empty his or her pockets.
By Laura W. Murphy, Director, ACLU Washington Legislative Office at 12:52pm
Once the shock subsided, we set out to determine what new powers the government would seek in response to the 9/11 terrorist attacks. The smoke billowing from the Pentagon was visible over Washington as I met with several ACLU colleagues from around the country in a Dupont Circle hotel. We watched the tragedy unfold on television, looking out on streams of frightened pedestrians uncertain the attacks were over.
"Ten years later, as we remember and mourn those who died on Sepetember 11th, our nation still faces the challenge of remaining both safe and free."
The pressure on the New York Police Department to reform its stop-and-frisk program is mounting, led by the New York Civil Liberties Union and other advocates and now the New York Times.
