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Judiciary Committee Reviews Predatory Marketing Law Following Constitutional Challenge (10/15/2009)
The Maine Civil Liberties Union testified today in front of the Legislature's Judiciary Committee regarding a new Maine law with potentially disastrous consequences for the free flow of information and the First Amendment rights of Mainers. The law, which was intended only to protect children from predatory marketing by pharmaceutical companies goes far further, implicating not only free speech, but also privacy rights and Commerce Clause restrictions on state regulations.
ACLU Wins Free Speech Victory: Court Declares City of Englewood's Sign Code Unconstitutional (10/01/2009)
Today, the Colorado Court of Appeals agreed with the ACLU in a case challenging the constitutionality of the City of Englewood's sign code. The case was brought on behalf of Mike Mahaney, an Englewood shop owner whose mural depicting an Alice in Wonderland scene prompted controversy and citations for allegedly violating the City's sign code.
Obama Administration Seeks To Gut Reporters’ Shield Legislation (10/01/2009)
WASHINGTON – According to a report in the New York Times today, the Obama administration has presented a proposal to Congress regarding legislative efforts to secure a federal reporters’ shield bill. The administration reportedly will oppose any legislation that would protect journalists from being thrown in prison for refusing to reveal confidential national security sources. The proposal reportedly claims that the administration could decide what stories would cause “significant” damage to national security and, in some cases, have courts defer to the administration’s assertions.
FCC Proposes Net Neutrality Rules (09/22/2009)
WASHINGTON – On Monday, the Federal Communications Commission (FCC) proposed expanded “net neutrality” guidelines that would require Internet service providers to treat all content and applications equally, regardless of their origin or messaging. The American Civil Liberties Union strongly supports these principles put forth by FCC Chairman Julius Genachowski, which would offer much needed First Amendment protections. The FCC is also calling on operators to make their management practices transparent to users, offering greater consumer protections.
ACLU Petitions Court for Release of Richard Hatch (09/09/2009)
BOSTON -- The American Civil Liberties Union of Massachusetts today filed a habeas corpus petition asking a federal court to release Richard Hatch from jail in Barnstable County. Mr. Hatch gained notoriety for having won the first season of the television show "Survivor," and for the legal battle regarding his taxes that ensued.
National Coalition of Authors Urges Rejection Of Google Book Search Deal (09/08/2009)
NEW YORK – A coalition of authors and publishers – including best-sellers Michael Chabon and Jonathan Lethem, as well as leading security author Bruce Schneier – is urging a federal judge to reject the proposed settlement in a lawsuit over Google Book Search, arguing that the sweeping agreement to digitize millions of books ignores critical privacy and speech rights for readers and writers. The group of more than two dozen authors and publishers, represented by the Electronic Frontier Foundation (EFF), the American Civil Liberties Union and the Samuelson Law, Technology, and Public Policy Clinic at the University of California, Berkeley, School of Law, filed an objection to the settlement today. The coalition is concerned that the collection and potential disclosure of personally identifying information about users who browse, read and make purchases online at Google Book Search will chill their readership.
Victory In "Media Shield" Case (09/03/2009)
HONOLULU – The ACLU of Hawaii today announced a victory for all journalists in Hawaii in the wake of Kauai Circuit Court Judge Kathleen Watanabe's ruling yesterday that Hawaii's new "media shield" law applies to independent filmmaker Keoni Alvarez and that he cannot be forced to reveal his unpublished work or his confidential sources.
New DHS Standards For Electronic Border Searches Not Adequate (08/27/2009)
WASHINGTON – The Department of Homeland Security (DHS) released new privacy standards for border searches of electronic devices today which, while a welcome first step, do not go far enough. The new standards fail to address the fundamental constitutional problems of suspicionless searches that have been occurring at the border.
AMA, March Of Dimes And Others Support ACLU Challenge To Patents On Breast Cancer Genes (08/27/2009)
NEW YORK – The American Civil Liberties Union and the Public Patent Foundation (PUBPAT), a not-for-profit organization affiliated with Benjamin N. Cardozo School of Law, filed a motion asking a federal court to rule that patents on two human genes associated with breast and ovarian cancer are unconstitutional and invalid. Several major organizations, including the American Medical Association (AMA), the March of Dimes and the American Society for Human Genetics (ASHG), are filing friend-of-the-court briefs in support of the motion for summary judgment. The groups charge that the patents stifle diagnostic testing and research that could lead to cures and that they limit women's options regarding their medical care.
ACLU Seeks Records About Laptop Searches At The Border (08/26/2009)
NEW YORK – The American Civil Liberties Union filed a lawsuit today demanding records about the U.S. Customs and Border Protection (CBP)'s policy of searching travelers' laptops without suspicion of wrongdoing. The lawsuit was filed under the Freedom of Information Act (FOIA) to learn how CBP's policy, issued last year, has impacted the civil liberties of travelers during the first year of its implementation.
American Civil Liberties Union Mourns Senator Edward Kennedy (08/26/2009)
WASHINGTON – The American Civil Liberties Union today mourned the passing of Senator Edward Kennedy (D-MA) who succumbed to brain cancer Tuesday night.
ACLU of North Carolina Announces Successful Settlement with Wilkes County Schools After 4-Year Struggle on Behalf of Local Peace Activist (08/12/2009)
WILKES COUNTY – The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) today announced the successful resolution of a four-year battle between Boomer resident and peace activist Sally Ferrell and the Wilkes County Board of Education regarding Ms. Ferrell's constitutional right to free speech in the Wilkes County high schools.
ACLU of Hawaii Invokes "Media Shield" Law in Defense of Documentary Filmmaker (06/30/2009)
HONOLULU – The American Civil Liberties Union of Hawaii ("ACLU") and Honolulu attorney James J. Bickerton (of Bickerton Lee Dang & Sullivan) announced today that they will use Hawaii's new "media shield" law to protect a documentary filmmaker's work from sweeping subpoenas issued by a private homeowner over a land-use dispute on Kauai.
ACLU Secures Victory For Freedom Of Speech (06/18/2009)
Today Johnny Duncan and the ACLU Foundation of Louisiana entered a settlement with the City of Amite, which detained and ticketed Mr. Duncan because there was a sign on his car reading "You Might be a Nigger!." Mr. Duncan, aka "Johnny UnBlackWorthy," an African-American veteran and a resident of Amite, is the author of a book of political and social commentary entitled "You Might be a Nigger!" The sign on his car was to advertise the book.
ACLU Challenges Defense Department Personnel Policy To Regard Lawful Protests As “Low-Level Terrorism” (06/10/2009)
Anti-terrorism training materials currently being used by the Department of Defense (DoD) teach its personnel that free expression in the form of public protests should be regarded as “low level terrorism.” ACLU attorneys are calling the approach “an egregious insult to constitutional values” and have sent a letter to the Department of Defense demanding that the offending materials be changed and that the DoD send corrective information to all DoD employees who received the erroneous training.
ACLU Seeks Records About Laptop Searches At The Border (06/10/2009)
NEW YORK – United States Customs and Border Protection (CBP) policy permits officials to search the laptops and other electronic devices of travelers without suspicion of wrongdoing, according to a Freedom of Information Act (FOIA) request filed today by the American Civil Liberties Union. The ACLU filed the FOIA request with CBP, a component of the Department of Homeland Security (DHS), to learn how CBP's suspicionless search policy, first made public in July 2008, is impacting the constitutional rights of international travelers.
White House Expands Recovery Act Lobbying Ban To Non-Lobbyists (05/29/2009)
WASHINGTON – The Obama administration today modified lobbying restrictions that banned registered lobbyists from speaking with federal agency officials about requests for Recovery Act funds to everyone. The welcomed White House announcement amends the president’s Memorandum on Ensuring Responsible Spending of Recovery Act Funds, dated March 20, 2009, by eliminating the distinction between registered lobbyists and all other interested parties and shortening the period when the restrictions apply. The new rules require written communications with agency officials about competitive grants once the grant applications have been filed with the federal government.
ACLU Challenges Patents On Breast Cancer Genes (05/12/2009)
NEW YORK – The American Civil Liberties Union and the Public Patent Foundation, a not-for-profit organization affiliated with Benjamin N. Cardozo School of Law (PUBPAT), filed a lawsuit today charging that patents on two human genes associated with breast and ovarian cancer stifle research that could lead to cures and limit women's options regarding their medical care. Mutations along the genes, known as BRCA1 and BRCA2, are responsible for most cases of hereditary breast and ovarian cancers. The lawsuit argues that the patents on these genes are unconstitutional and invalid.
Man Jailed For E-Mails Sent To Newspapers (04/22/2009)
Today the ACLU of Louisiana filed suit against the City of Mamou, Louisiana, on behalf of a man who was arrested for contacting the media about official misconduct. Bobby Simmons, the plaintiff in the lawsuit, served 27 years as a police officer in Franklin and Abbeville. Last May, Mr. Simmons contacted media outlets and inquired into coverage of Mamou police chief Greg Dupuis' improper conduct. Within days, Mr. Simmons was arrested and charged with "criminal defamation." Simmons, who suffers from a terminal lung disease, was denied food, water, and access to his essential medications during his ten hours in custody. He repeatedly asked for medication and was denied. His wife made attempts to bond him out and was denied. It was only when Simmons requested an ambulance because he could not breathe that he was released on bond.
Virginia Supreme Court Declares Virginia Beach Noise Ordinance Unconstitutional (04/17/2009)
Virginia Beach, VA – The Virginia Supreme Court today struck down Virginia Beach's noise ordinance because it is unconstitutionally vague. The ordinance prohibits "any unreasonably loud, disturbing and unnecessary noise in the city" that "disturb[s] or annoy[s] the quiet, comfort or repose of reasonable persons."
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