Washington Markup

“Fixing” Citizens United Will Break the Constitution

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 7:21pm

Originally posted on The Huffington Post.

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.

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.

Abortion Ban Plays Politics with Women’s Health

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 10:03am

The House Judiciary Committee has held eight anti-abortion or anti-family planning votes or hearings so far this Congress.  This morning, they’re scheduled to make it nine.  The Committee will be considering the so-called “District of Columbia Pain-Capable Unborn Child Protection Act,” which would ban abortion in the District of Columbia at 20 weeks.   

Another Abortion Ban? You’ve Got to be Kidding Me

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 1:20pm

Earlier this week, in a case brought by the ACLU, the ACLU of Arizona, and the Center for Reproductive Rights, the U.S. Court of Appeals for the 9th Circuit struck down an extreme Arizona law that bans abortion care starting at 20 weeks. The court called it "per se unconstitutional." That's judicial-speak for "are you kidding me with this?"

And yet today, the U.S. House of Representatives held a hearing on a bill from Rep. Trent Franks (R-Ariz.) that would do the very same thing—except this one wouldn't be limited to Franks' home state of Arizona. Initially, Franks targeted the women of D.C., but has since announced his intention to expand his scope nationwide.

CISPA Claws Back to Life

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 1:54pm

It's baa-aaack.

The House cybersecurity bill that allows the National Security Agency (NSA) and the military to collect your private internet records is scheduled for an encore appearance on Wednesday. House Intelligence Committee Chairman Mike Rogers (R-MI) and Ranking Member Dutch Ruppersberger (D-MD) will reintroduce the Cyber Intelligence Sharing and Protection Act (CISPA), which news reports say will be the same bill that passed the House of Representatives last year.

The Biggest New Spying Program You’ve Probably Never Heard Of

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 2:18pm

Update: Since this piece was posted, the ACLU has filed FOIA requests seeking more information on data-mining by the NCTC. Read more »

What if a government spy agency had power to copy and data mine information about ordinary Americans from any government database? This could include records from law enforcement investigations, health information, employment history, travel and student records. Literally anything the government collects would be fair game, and the original agency in charge of protecting the privacy of those records would have little say over whether this happened, or what the spy agency did with the information afterward. What if that spy agency could add commercial information, anything it – or any other federal agency – could buy from the huge data aggregators that are monitoring our every move?

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.

Let's Be Clear: Transgender Discrimination IS Sex Discrimination

By Ian S. Thompson, ACLU Washington Legislative Office at 12:10pm

Recently, the ACLU and numerous allied coalition partners wrote to the U.S. Department of Health and Human Services (HHS) to request that HHS issue guidance to make clear that the Patient Protection and Affordable Care Act’s prohibition on sex discrimination applies to discrimination based on gender identity and sex stereotypes.  The fact that someone is transgender or does not conform to stereotypical notions of masculinity and femininity should never be a barrier to accessing health care services.

FBI Interrogation Primer Encourages Prisoner Isolation

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 10:31am

Today, the ACLU released a 2011 FBI “primer” on overseas interrogation that calls into question whether the FBI is adhering to its own policy prohibiting coercive techniques. The 2011 primer was obtained by the ACLU and colleague organizations through Freedom of Information Act litigation. It was written by an FBI Section Chief within the counterterrorism division, and is ironically titled “Cross Cultural, Rapport-Based Interrogation,” – ironic because it encourages FBI agents to request that detainees in foreign or military custody be put in isolation to prolong the detainee’s fear for interrogation purposes. Isolation was a key component to many of the abusive interrogations that took place in Guantanamo, Afghanistan, and in secret CIA black sites after 9/11, in some cases causing extreme psychological trauma. This morning, we wrote to the FBI Director Robert Mueller expressing their concerns with the primer.

They’re Watching: FBI Business Records Requests Jump 900 Percent Compared to 2009

By Robyn Greene, ACLU Washington Legislative Office at 12:14pm

Last week served as yet another reminder of the threats posed to Americans' privacy by the post-Patriot Act surveillance state...