By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:11am
We know that photographers have been having problems all over the country with police harassment, and that demonstrators’ free speech rights have also been under assault. But with the Democratic and Republican political conventions coming up, we have all too much reason to expect that free speech rights will be swallowed up in the vortex of those events, which have become constitutional black holes in recent years.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 6:19pm
Police in Tampa used smartphones and tablets to spy on protesters at the Republican National Convention, according to a report today from the National Journal.
Smartphones have proven to be an excellent tool for empowering individuals faced with sometimes unprofessional or abusive law enforcement officers, thanks to their built-in cameras and the constitutional right to record the police. But they also allow the police, according to the article, to blend in and transmit live video of protesters:
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.
When the Occupy Wall Street movement ignited last fall, there was no shortage of disturbing press reports about NYPD misconduct toward the demonstrators. We've all read stories about the NYPD’s abuses—the eviction of hundreds of protesters from Zuccotti Park, the mass arrest of 700 people on the Brooklyn Bridge, the pepper-spraying of peaceful protesters.
Why is the FBI spying on Occupy protesters? The ACLU-NC is determined to find out.
The ACLU of Northern California and San Francisco Bay Guardian today filed a Freedom of Information Act lawsuit against the FBI to find out whether and to what extent the feds have been spying on members of the Occupy movement. Although the right to protest goes to the heart of our democracy, and the FBI exists to keep us safe, the FBI has a perverse history of interpreting its mission to mean that it can spy on political activists, including Martin Luther King, Jr.
Last fall, the grassroots protest movement Occupy Wall Street - or simply "Occupy" - swept the nation. Originating in New York, prominent Occupy movements sprung up all overNorthernCalifornia. But the law enforcement response was swift and brutal, as police showered protesters with exploding projectiles, batons, and pepper spray. (The ACLU-NC is currently suing UC Davis over its pepper spraying of peaceful student protesters, and is also partnering with the National Lawyers Guild in suing the City of Oakland over the violent crackdown on Occupy Oakland.)
The right to peacefully assemble, enshrined both in the U.S. Constitution and international human rights law, is an intrinsic element of the democratic fabric of the United States. Yet according to a report released Friday by the Organization for Security and Cooperation in Europe (OSCE), an international organization of which the U.S. is a member, America is failing to uphold this fundamental right. The report is the first comprehensive OSCE report on violation of the right to freedom of peaceful assembly that covers the U.S.
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.
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.
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.
