Blog of Rights

How Being Separated From My Family and Tribe Affected Me

By Jacqueline Davis, Activist at 10:57am

Today the Supreme Court will hear Adoptive Couple v. Baby Girl, a case about a South Carolina Indian girl who the South Carolina Supreme Court ruled that the child must be returned to her Indian father. The child's mother ignored the Indian Child Welfare Act (ICWA) of 1978, a federal law designed to protect Indian families from "abusive child welfare practices that resulted in the separation of large numbers of Indian children from their families and tribes through adoption or foster case placement" and, as a result, both the tribe and the father were denied their rights under ICWA.

Mandatory E-Verify: A Giant Plunge Into a National ID System

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 12:23pm

Today's release of an immigration reform proposal from the Gang of Eight raises a host of civil liberties issues, many of which the ACLU will undoubtedly be commenting on in the coming days and weeks.

Today, I'm focusing on our concerns with one particular program, E-Verify. Currently, E-Verify is a largely voluntary system where employers can check with the Department of Homeland Security to see if someone is allowed to work. Basically it's a giant list of everyone – immigrants and citizens – legally in the United States.

YOLO: So Why Was a Texas Prankster Suspended When There Were Better Options?

By Rachel Goodman, Staff Attorney, ACLU Racial Justice Program at 1:28pm

Kyron Birdine, a high school junior in Arlington, Texas, didn't see much point to taking an extra standardized test...

"Reflection Cottages": The Latest Spa Getaway or Concrete Solitary Confinement Cells for Kids?

By Kiela Parks, Advocacy Associate, ACLU of Colorado at 12:06pm

When you hear the term "reflection cottage," what comes to mind? A relaxing spa getaway...

Honoring the Women of the Civil Rights Movement

By Dennis Parker, Director, ACLU Racial Justice Program at 3:27pm

History month celebrations, like those honoring African-Americans and women, are sometimes criticized as being ineffective ways of countering the tendency to marginalize the vital role of blacks and women in shaping American culture. Instead of assuring that the stories of groups who have been excluded become integral parts of the greater national story, critics suggest that history months only succeed in ghettoizing the history of blacks and women, limiting their significance to only one month out of the year and largely ignoring them throughout the rest of the year. That criticism seems well-founded when you look at the way history months are often celebrated with books and slide shows and exhibits taken out of boxes and displayed like holiday decorations, only to be returned to storage for next year.

VIDEO: Is Law Enforcement Reading Your Email Without a Warrant?

By Noa Yachot, Communications Strategist, ACLU at 2:38pm

The FBI doesn't think it needs a warrant to read emails and other electronic communications – despite the fact that a federal court has ruled that doing so violates the Fourth Amendment. Ben Wizner appeared today on Democracy Now! to discuss this and other ACLU revelations regarding government surveillances practices.

The ACLU this week released documents that paint a disturbing picture of the authority the government claims to access a wide range of our communications – from emails to Facebook messages and much more. These latest developments reinforce what has long been clear: it is well past time to modernize ECPA, the egregiously outdated law that governs our electronic privacy but hasn't been updated since 1986, before the World Wide Web was even invented. As Wizner said:

Drone Legislation: What’s Being Proposed in the States?

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 3:15pm

It's a race to see which state will be the first to pass legislation governing domestic drone use. Coming out of the gate first was Florida, which passed a bill through several committees in the Senate back in January. This is notable since the Florida legislature didn’t officially convene until March 5—they thought this issue was so important that they moved the bill during their committee organizing sessions. Then Montana pulled up from behind, passing two drones bills all the way through their Senate by mid-February. But, Virginia raced ahead, sending two bills to their governor’s desk by the beginning of March, where they currently await signature.

9/11's Legacy of Religious Discrimination

By Heather L. Weaver, ACLU Program on Freedom of Religion and Belief at 4:23pm

It's no secret that, after 9/11, a wave of anti-Muslim bigotry washed over the country. The intensity of that prejudice has sustained it for a decade, and, in many ways, anti-Muslim sentiment and fear of Islam seem even stronger and more deeply rooted today than in the months and years after the attack. In the last few years, for instance, a number Muslims or people perceived to be Muslims have been violently assaulted; and scores of mosques and Islamic Centers have been vandalized, with attacks ranging from racist and anti-Muslim graffiti to arson and firebombing.

Two Minutes in the Life of an Innocent Man Recently Freed from Death Row

By Denny LeBoeuf, Capital Punishment Project at 11:44am

After fifteen years on Louisiana's death row, Damon Thibodeaux was exonerated, the courts finally recognizing his innocence. He has moved to Minneapolis and is getting on with his life.

Watch the video on Damon Thibodeaux's exoneration

Watch the video here.

Damon's birthday and mine are two days apart, and for many years we would "celebrate" together while he was on death row. When I visit him this summer in Minneapolis to carry on our tradition, I expect we will have a MUCH better party.

Court Ruling Gives FBI Too Much Leeway on Surveillance Technology

By Linda Lye, Staff Attorney, ACLU of Northern California at 5:09pm

Today, a federal district judge in Arizona issued a very disappointing decision concerning the government’s obligations to be candid with courts about new technologies they are seeking a warrant to use.

The case involves Daniel Rigmaiden, who is being criminally prosecuted for an alleged electronic tax fraud scheme. The government used a surveillance device known as a stingray to locate Mr. Rigmaiden. A stingray operates by simulating a cell tower and tricking all wireless devices on the same network in the immediate vicinity to communicate with it, as though it were the carrier’s cell tower. In order to locate a suspect, a stingray scoops up information not only of the suspect, but all third parties on the same network in the area. This means that when the government uses a stingray to conduct a search, it is searching not only the suspect, but also tens or hundreds of third parties who have nothing to do with the matter. When the FBI sought court permission to use the device to locate Mr. Rigmaiden, it didn’t explain the full reach of stingrays to the court.

The ACLU and the Electronic Frontier Foundation filed an amicus brief arguing that when the government wants to use