By Sandra Fulton, ACLU Washington Legislative Office at 3:22pm
As we have seen in the failed attempts of SOPA/PIPA, and the floundering Anti-Counterfeiting Trade Agreement, intellectual property (“IP”) laws are often poorly constructed, hastily proposed and ultimately both ineffective and potentially abusive.
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.”
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:40pm
Sigh. As if we don’t have enough divisiveness in this country, a familiar subset of Congressional Republicans are trotting out yet another discriminatory bill papered over with hollow rhetoric about “unity,” “commonality” and shared national vision, which will be the subject of a hearing in the House Constitution Subcommittee today. (Here’s the ACLU’s statement, which focuses mainly on the civil rights and immigration issues in the bill; I’m just covering the First Amendment in this post.)
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).
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 5:29pm
“Lying was his habit.”
That’s the first line from Justice Kennedy’s plurality opinion in United States v. Alvarez, last month’s Supreme Court decision striking down the “Stolen Valor Act,” which made it a federal crime to lie about having been awarded a military decoration.
In “Fixing Citizens United,” Professor Geoffrey Stone—usually a friend to the First Amendment—argues for a constitutional amendment to “fix” the Citizens United Supreme Court decision. Professor Stone mentions the proposal rather offhandedly, but the idea is a nuclear option. A constitutional amendment—specifically an amendment limiting the right to political speech—would fundamentally “break” the Constitution and endanger civil rights and civil liberties for generations.
I spoke on a panel yesterday sponsored by OpenSecrets.org on the future of campaign finance reform. In the course of the panel, an opinion piece by Fred Wertheimer, who was not at the event, but who is one of the most visible advocates for campaign finance reform, came to mind. The ACLU and Wertheimer’s progressive Democracy 21 agree on many issues of the day. But we’ve been at loggerheads on the big issue of campaign finance reform.
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:21pm
As the election summer heats up, Republicans in Congress are making hay with what they claim are selective leaks by the Obama administration, designed to bolster the president’s national security cred. At a Senate Judiciary hearing yesterday, Senator John Cornyn (R-TX) went so far as to call for Attorney General Holder’s resignation in part because of the leak issue. While the jury is decidedly out on the merits of these claims, these questions do need to be asked. If there is one thing more dangerous than over-classification of government information, it’s selective declassification for political gain.
By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:58am
Throughout the country, many of us have rightly been long concerned about the danger of the government using taxpayer funds to covertly influence public opinion. This issue came up again recently as part of this year’s defense authorization bill, which passed the House of Representatives on Friday. Reps.
