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10th Amendment Center Activist Fights Against Local Gov Bullying Tactics

By Staff of Activist - The American Civil Liberties Union of Kentucky will represent Tenth Amendment Center national communications director Michael Maharrey in a lawsuit filed against him by the City of Lexington after he attempted to obtain documents relating to surveillance cameras owned and operated by the Lexington Police Department (“LPD”). “Honestly, I think it’s a bullying tactic more than anything,” Maharrey said. “I think the city thought it could just slap me with a lawsuit and I’d go away. Newsflash – I’m not going away.” The LPD denied Maharrey’s request citing a statute that exempts certain documents relating to homeland security, along with a second statute exempting certain “investigative reports.” On appeal, the Kentucky attorney general’s office rejected both exemptions claimed by the LPD and ordered it to turn over the records. At that point the city sued Maharrey. “One of the fundamental principles of our government is transparency. The public has a right to know the actions of government officials and disseminate that information to others. City officials appear to be shirking their responsibility to provide records they are obligated to by law, simply because they don’t want the public to have access to them,” ACLU of Kentucky Attorney Heather Gatnarek said. Maharrey has been involved in efforts at the Tenth Amendment Center to address the growing federal surveillance state through state and local action for several years.

LA Police Arresting People For Speaking 20 Seconds Over Allotted Time

By Emily C. Bell for AlterNet - The tweet comes after Melanie Ochoa, a staff attorney at the ACLU of Southern California, who sent a letter Tuesday morning to Los Angeles Mayor Eric Garcetti and Los Angeles city councilmembers. The letter calls on them to “reject the proposed ordinance," because “although styled as a public safety ordinance, it would do nothing to improve public safety.” The letter goes on to reference two specific cases in which residents were removed from meetings at the Board of Police Commissioners. The LAPD had the most “officer-involved killings” in 2015 and 2016, according to the Guardian. When the data is compared to cities with similar populations, the “rate of fatal encounters” was higher in LA than both Chicago and New York last year. The ACLU letter states: “Part of the duty of public officials is to bear the brunt of the public’s displeasure as well as expressions of gratitude and satisfaction. City Council’s irritation is not a public safety threat, and the serious consequences of criminal law should be limited to conduct that actually poses a risk to the safety of others.” The letter gives the example of 81-year-old Tut Hayes. A video posted by user PM Beers shows Hayes speaking at a meeting in 2016, before being forcibly removed from the room, while onlookers yell at the police to let him go.

Facebook Accounts Face Inauguration Day Search Warrants

By Staff of ACLU - Two of the warrants would require Facebook to disclose to the government all information from the personal Facebook profiles of local DisruptJ20 activists Lacy MacAuley and Legba Carrefour from November 1, 2016 through February 9, 2017. Although the warrants claim to seek only evidence in support of the government’s prosecutions of January 20 demonstrations, they demand—among other things—all private messages, friend lists, status updates, comments, photos, video, and other private information solely intended for the users’ Facebook friends and family, even if they have nothing to do with Inauguration Day. The warrants also seek information about actions taken on Facebook, including all searches performed by the users, groups or networks joined, and all “data and information that has been deleted by the user.” The third search warrant was issued for the “DisruptJ20” Facebook page (now called “Resist This”), administered and moderated by Emmelia Talarico. Although the page is public, the warrant would require the disclosure of non-public lists of people who planned to attend political organizing events and even the names of people who simply liked, followed, reacted to, commented on, or otherwise engaged with the content on the Facebook page. During the three-month span the search warrant covers, approximately 6,000 Facebook users liked the page.

Historic Settlement In ACLU Case On Behalf Of Three Torture Victims

By Staff of ACLU - NEW YORK — In a first for a case involving CIA torture, the American Civil Liberties Union announced a settlement today in the lawsuit against the two psychologists who designed and implemented the agency’s brutal program. A jury trial was scheduled to begin on September 5, after the plaintiffs successfully overcame every attempt by the psychologists to have the case dismissed. The lawsuit was brought by the ACLU on behalf of Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and the family of Gul Rahman, who froze to death in a secret CIA prison. The three men were tortured and experimented on using methods developed by the CIA-contracted psychologists, James Mitchell and John “Bruce” Jessen. “This is a historic victory for our clients and the rule of law,” said ACLU attorney Dror Ladin. “This outcome shows that there are consequences for torture and that survivors can and will hold those responsible for torture accountable. It is a clear warning for anyone who thinks they can torture with impunity.” The full terms of the settlement agreement are confidential.

Activists Ask Charlottesville To Drop Charges

By Lauren Berg for The Daily Progress - CHARLOTTESVILLE — Activists want all charges dropped against protesters arrested at the July 8 KKK rally in Charlottesville after they say police used unnecessary force against demonstrators, and the Virginia chapter of the American Civil Liberties Union is asking residents to urge the City Council to increase “civilian oversight and accountability in policing.” Lodging allegations of police brutality, activists associated with Solidarity Cville held a news conference Friday in front of the Charlottesville Police Department, asking for police to apologize for their tactics at the rally and revoke the permit for the Aug. 12 “Unite the Right” rally, organized by pro-white blogger Jason Kessler. Emily Gorcenski, who attended the rally, said it was unnecessary for police to declare unlawful assembly as protesters gathered around a garage where members of the Loyal White Knights of the Ku Klux Klan had parked. She said police did not give protesters and others enough time to leave the area before Virginia State Police deployed three canisters of tear gas. “To be frank, it is ridiculous to expect a grieving community, with a deep legacy of racial violence, to simply pack up and go home after the KKK rallied in our city,” Gorcenski said. After the Klansmen left, some protesters turned their attention to police and followed officers back up to High Street, where they continued to defy police commands to leave the area.

ACLU Files Lawsuits Challenging Gag Orders Silencing Victims

By Staff of ACLU - BALTIMORE AND SALISBURY, MD - In a coordinated effort to take on "gag orders" that silence victims of police abuse as a condition of resolving their cases, the American Civil Liberties Union (ACLU) of Maryland today filed two separate lawsuits challenging the practice as an unconstitutional violation of free speech and illegal under Maryland's public transparency law. The cases were brought on behalf of a woman who was improperly denied half of her settlement award after responding to comments online about her experience of being brutalized by Baltimore police, as well as the Baltimore Brew and the Real News Network, two news organizations denied their First Amendment and statutory rights to obtain newsworthy public information from victims of police abuses. "If your voice held no power, they would not try to silence you. Use your power. Speak up!" said Ashley Overbey, ACLU client in the Baltimore lawsuit. "I am not the first nor will I be the last to be mistreated by police and silenced by my city, but my hope is that through my story and fight, no one else will have to endure what so many of us already have."

ACLU-DC Sues D.C. Police For False Arrests, Free Speech Violations

By Staff of ACLU - WASHINGTON – The American Civil Liberties Union of the District of Columbia today filed a lawsuit against the District of Columbia, Metropolitan Police Department officers, and D.C. Police Chief Peter Newsham for making unconstitutional arrests, using excessive force, denying arrested people food, water, and access to toilets, and invasive bodily searches of protesters exercising their First Amendment rights on Inauguration Day. The lawsuit was filed on behalf of a legal observer, a photojournalist, and two others arrested that day. While the overwhelming majority of Inauguration Day protesters demonstrated peacefully, a small number caused property damage. In response to the vandalism, MPD officers employed a controversial crowd-control tactic known as “kettling,” where officers corralled more than 200 protesters—including many who had broken no laws—by trapping and detaining them for several hours before formally arresting them. Officers also deployed nonlethal crowd-control devices—including pepper spray, tear gas, flash-bang grenades, concussion grenades, and smoke flares—upon protesters and others both on the street and inside the kettle, without warning or threat of harm to officers or other members of the public.

Massachusetts: 21,000 Drug Cases Could Be Dismissed

By Staff of Al Jazeera - More than 21,000 convicted drug offenders in the US state of Massachusetts may have their cases dismissed because a former police chemist tampered with evidence and falsified tests. If the cases are thrown out, the event would mark the largest dismissal of criminal convictions in UShistory, according to the American Civil Liberties Union (ACLU) of Massachusetts. The state's highest court had ordered district attorneys in seven counties to produce lists by Tuesday indicating how many of approximately 24,000 cases involving Annie Dookhan they would be unable or unwilling to prosecute if the defendants were granted new trials. The cases would be formally dismissed by court action, expected on Thursday, the ACLU said. "Today is a major victory for justice and fairness, and for thousands of people in the commonwealth who were unfairly convicted of drug offences," Matthew Segal, legal director of the ACLU of Massachusetts, said on Tuesday. An investigation in 2013 found that Dookhan falsified test results as far back as 2004.

Civil Rights Groups Demand Immigration Agents Stop Impersonating Police Officers

By Staff of ACLU - LOS ANGELES - The ACLU Foundation of Southern California and a coalition of advocacy groups today sent a letter to Los Angeles Police Department Chief Charlie Beck, Mayor Eric Garcetti and city council members, demanding that they take steps to prevent Immigration and Customs Enforcement (ICE) officers from impersonating police officers to gain access to homes and businesses in Los Angeles. The deception critically endangers LAPD policies that seek to assure immigrant community members they can report crimes and assist police investigations without fear of deportation. These policies have been vital in furthering public safety. ICE permits its agents to misrepresent themselves as police officers, probation officers, religious workers and other officials to gain community members’ permission to enter homes without warrants. The ruse has also been used to get individuals to volunteer information they might not otherwise divulge.

Border Agent Questioned Me About My Work For ACLU

By Hina Shamsi for ACLU - Last week, I was flying home from a work trip and faced Customs and Border Protection questioning unlike anything I’ve ever experienced in over 25 years of travel into and out of this country, including more than 10 years of travel for my work as an attorney with the American Civil Liberties Union and other rights groups. Compared to the hardship and suffering of the tens of thousands of people impacted by President Trump’s Muslim ban executive order, it was nothing. But it said something personal to me about the tenor of these dark times. I was coming back from the island nation of Dominica, where I had gone for meetings and depositions in our torture victim clients’ lawsuit against the two psychologists behind the CIA torture program.

US Government Quietly Starts Asking Travelers For Social Media Accounts

By Nadia Prupis for Common Dreams - The U.S. government has quietly started to ask foreign travelers to hand over their social media accounts upon arriving in the country, a program that aims to spot potential terrorist threats but which civil liberties advocates have long opposed as a threat to privacy. The program has been active since Tuesday, asking travelers arriving to the U.S. on visa waivers to voluntarily enter information associated with their online presence, including "Facebook, Google+, Instagram, LinkedIn, and YouTube, as well as a space for users to input their account names on those sites," Politico reports.

Does What Happened To Journalist At US-Canada Border Herald Darker Trend?

By Hugh Handeyside for ACLU - The recent abusive border search of a Canadian photojournalist should serve as a warning to everyone concerned about press freedom these days. Ed Ou is a renowned photographer and TED senior fellow who has traveled to the United States many times to do work for The New York Times, Time magazine, and other media outlets. Last month, Ed was traveling from Canada to the U.S. to report on the protests against the Dakota Access pipeline in Standing Rock, North Dakota, when he was taken aside for additional inspection. What came next left him questioning what he thought he knew about the U.S. government and the values it stands for...

ACLU Demands Secret Court Hand Over Crucial Rulings On Surveillance Law

By Nadia Prupis for Common Dreams - The American Civil Liberties Union (ACLU) has filed a motion to reveal the secret court opinions with "novel or significant interpretations" of surveillance law, in a renewed push for government transparency. The motion, filed Wednesday by the ACLU and Yale Law School's Media Freedom and Information Access Clinic, asks the Foreign Intelligence Surveillance Act (FISA) Court, which rules on intelligence gathering activities in secret, to release 23 classified decisions it made between 9/11 and the passage of the USA Freedom Act in June 2015.

ACLU Urges Justice Department To Investigate Police Use Of Face Recognition

By Staff of ACLU - WASHINGTON — The American Civil Liberties Union sent a letter today to the Justice Department urging it to investigate the increasing use and impact of face recognition by police. The letter, sent in partnership with the Leadership Conference on Civil and Human Rights, comes amid mounting evidence that the technology is violating the rights of millions of Americans and having a disproportionate impact on communities of color.

ACLU Of Oklahoma Calls For Criminal Charges Against TPD Officers

By Bryan Newell for ACLU - We call today on law enforcement officers and law enforcement agencies around the state and around the nation to condemn the murderous actions of the Tulsa Police Department. In a world where our government continues to prove how little regard it has for the lives and the dignity of black Americans, to remain silent is to be complicit. It is well past time for the good men and women who serve their communities faithfully to speak out, and condemn this murder of a defenseless black man.”

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