Washington Markup

A "Foreign Policy Exception" to the First Amendment?

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:07pm

At a time when the anger abroad over the Innocence of Muslims video shows no signs of abating, President Obama gave an impassioned speech Tuesday at the United Nations that was a full-throated, unqualified defense of the American tradition of free expression.

President Issues Executive Order to Stop Human Trafficking in Government Contracts

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 5:56pm

Today, President Barack Obama signed an executive order that will give better protections to vulnerable workers employed by government contractors. The order, announced on the 150th anniversary of the Emancipation Proclamation, lays out new requirements for U.S. government contractors and their subcontractors operating overseas to prevent human trafficking and forced labor. In a powerful speech this morning announcing the order, President Obama recognized that U.S. tax payer dollars should never be used to support human trafficking, a form of modern day slavery. 

Warrant for Email? An Update

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 4:22pm

Last Thursday we moved half a step closer to legislation requiring police to get a warrant before viewing personal email or other private electronic communications, such as documents and photos stored in the cloud (with Google, Yahoo or any other provider).  For more background on the amendment see here; for explanation of why it’s a half a step and what comes next please keep reading.

At DADT Repeal’s One-Year Anniversary, Refusing to Turn Back the Clock

By Ian S. Thompson, ACLU Washington Legislative Office at 11:09am

This Thursday, September 20, marks one year since the discriminatory policy known as “Don’t Ask, Don’t Tell” (DADT) finally came to an end, opening the door to service in the Armed Forces to individuals regardless of their sexual orientation.

House Reauthorizes Warrantless Wiretapping Program

By Ateqah Khaki at 5:53pm

Today, the House of Representatives passed a reauthorization of the 2008 FISA Amendments Act, an unconstitutional domestic spying law that gives vast, unchecked surveillance authority to the government. The law, passed in July of 2008, authorizes the National Security Agency to conduct dragnet surveillance of Americans’ international emails and phone calls.

Stolen Valor Vote in House Today

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:22pm

The second coming of the “Stolen Valor” Act (the Supreme Court struck down the first iteration on First Amendment grounds last term) is on the House’s “suspension” calendar today, meaning it will pass with a two-thirds majority vote, without amendment and after 40 minutes of debate.  The bill would create additional federal penalties for “fraudulent” representations concerning military decorations.

House to Vote on FISA Amendments Act Wednesday

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:39pm

It’s back. On Wednesday the House of Representatives is scheduled to vote on a five-year reauthorization of the FISA Amendments Act (FAA), the 2008 law that legalized the Bush administration’s warrantless wiretapping program and more. It permits the government to get year-long orders from the secret Foreign Intelligence Surveillance Act (FISA) court to conduct dragnet surveillance of Americans’ international communications—including phone calls, emails, and internet records—for the purpose of collecting foreign intelligence.  The orders need not specify who is going to be spied on or even allege that the targets did anything wrong.  The only guarantees that the FAA gives are that no specific American will be targeted for wiretapping and that some (classified) rules about the use of intercepted information will be followed.

The Biggest Threat to Free Speech and Intellectual Property That You’ve Never Heard Of

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.

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.”

States to Young Voters: We Don’t Want a Repeat of ‘08

By Demelza Baer, Washington Legislative Office at 5:21pm

Defying the stereotype that they are apathetic or disengaged, young voters turned out in droves in the 2008 presidential election, capping off their record-setting participation in many state primaries and caucuses. Although the high water mark for turnout among voters under 30 remains 1972, which was the first presidential election after the Twenty-Sixth Amendment to the Constitution lowered the voting age to 18 years, the highest youth turnout in the past four decades happened in 2008 and 1992.  Perhaps most significantly, 2008 marked the third consecutive presidential election that youth turnout increased, and nearly six out of ten young African-American voters turned out in 2008, which is the highest voter turnout among young people of any racial or ethnic group since the voting age was lowered.