Showing posts with label student rights. Show all posts
Showing posts with label student rights. Show all posts

Thursday, March 17, 2011

The Governor's Fantastic Math for Public School (De)funding

Governor Walker is doing some fantastic math these days. And our public schools are going to suffer for it.

The Governor claimed in a media conference, which was closed to the public yesterday, that projected revenue losses for local public school districts could be made up in most cases from employee benefit concessions. In reaction, educators immediately pointed out to the media that his figures are misleading because they fail to take into account a variety of factors, including inflation, existing contractual obligations, and disparities in wealth among districts.

“The Governor’s privatization ideology appears to have blinded him to the stark realities Wisconsin school children will face if a budget is passed with a $834 million cut in school aids over the course of the biennium,” said ACLU of Wisconsin Executive Director Christopher Ahmuty. “Walker’s de-funding scheme coupled with a costly and wasteful expansion of the failed private school voucher program in Milwaukee and independent charter schools statewide will privatize public education in Wisconsin.

“The failed privatization effort in Milwaukee has reduced resources for public schools statewide. Even though the private schools in the Milwaukee have resisted meaningful accountability and evaluation, it is clear that they do not, in most cases, achieve better outcomes for students than public schools.”

Wisconsin is not the only state where public schools are facing privatization. Ohio Governor John Kasich’s recently released budget also includes deep cuts and an expansion of vouchers. It appears that national proponents of privatizing public education have found more than one receptive Governor to defund public schools.

“The ACLU of Wisconsin calls on Governor Walker to stop serving national special interests and listen to the people of Wisconsin who are served by strong public schools," said Ahmuty. "The ACLU of Wisconsin remains open to working with legislative leaders to bring sanity into efforts to reform education funding.”

Our state budget must not be balanced by shortchanging public school children and busting teachers' unions. If public schools keep getting defunded, maybe the only math lessons our kids will be learning will be as fantastic as the Governor's budget calculations.

Tuesday, January 25, 2011

Voter ID Law Would Disenfranchise Citizens, Not Fix Illegal Votes

The new session of the Wisconsin Legislature has barely begun and legislators are pushing a bill that will require all voters to present a government-issued photo ID every time they go to the polls. The bill (Senate Bill 6 - PDF) will have a public hearing this Wednesday, January 26.

Vote Fraud is a Myth
The American Civil Liberties Union of Wisconsin will be there to speak out against an attempt to treat all voters as potential crooks rather than as citizens in a democracy with free and fair access to cast their ballot.

Proponents of this measure exaggerate the instances of illegal votes cast in Wisconsin. Despite considerable resources spent to prosecute vote fraud in recent years, only 18 cases of substantiated illegal voting led to convictions. None of the cases would be avoided by requiring a photo ID to vote at the polls on Election Day. To the extent that a small number of felons on probation or parole who are ineligible to vote may cast ballots, this measure will not stop them from voting because they have or may get photo IDs.

For more information on the debunked allegations of voter fraud in Wisconsin, see the Brennan Center for Justice report, "The Truth About Voter Fraud."

SB 6 Will Disenfranchise Minority Voters
The ACLU of Wisconsin opposes the proposal because it would place a significant barrier to voting rights would have a discriminatory effect on minority voters. Citizens who tend not to have current or state-issued photo identification include people of color as well as the elderly, people with disabilities, those who rely on public transportation, and mobile populations such as college students. This is an unconstitutional burden on the fundamental right and freedom to vote.

Even if the bill allows for individuals to obtain government-issued photo identification free of charge, the documents required for qualification for an ID often cost money and take time to obtain (see the state DMV's website on the documents generally needed to acquire an ID card and specifically those required for proof of identity). Additional barriers can be experienced by citizens who face the circular challenge of obtaining documents for their photo ID when a photo ID is required to obtain documents. When individuals, especially low-income workers and those who rely on public transportation face the costs of taking time off of work, traveling to motor vehicle departments with limited locations and hours and paying fees for certified documents to obtain a photo ID simply for the freedom to vote, the ACLU of Wisconsin pledges to act on behalf of those disenfranchised by the proposed law.

The ACLU has opposed these deeply flawed laws in other states. But the law as proposed in Wisconsin is the worst and most restrictive we've ever seen. To deny potentially thousands of voters the right to freely cast a ballot to fix a non-existent problem is unconscionable in a free society.

Other Opinions About the Proposed Law
The Milwaukee Journal Sentinel issued an editorial against voter ID along with many suggestions of how the law would have to be fixed in order to avoid significant disenfranchisement. The Capitol Times took a stand against fast-tracking the bill and Dave Zwiefel said the law was a solution in search of a problem. There was also a cautious editorial from the Oshkhosh Northwestern. The League of Women Voters has issued a statement against the law. On student rights and voter ID, the Huffington Post featured this opinion from a Rock the Vote field director. And the Journal Sentinel's Craig Gilbert discusses the photo ID issue along with problems with the proposal to eliminate another Wisconsin voting rights institution, Election-Day registration.

Friday, June 18, 2010

Mosinee and Gale-Ettrick-Trempealeau Schools Must Defend Student Speech

Wisconsin students have the right to free speech, even when it causes offense. In the recent examples of students wearing controversial t-shirts, the ACLU of Wisconsin underscores the need for a greater understanding of student expression rights and clearer policies on discipline for disorderly conduct.

Wisconsin media are reporting on two recent controversies over student free speech and the confiscation of t-shirts by public school officials. In Mosinee, school officials confiscated “Stop Abuse” t-shirts designed to raise awareness of sexual assault. At the Gale-Ettrick-Trempealeau school in western Wisconsin, students could face discipline or even disorderly conduct charges after some wore t-shirts which depicted KKK figures playing in a band.

The ACLU of Wisconsin has pointed out in both controversies that while public school students’ right to expression is limited at school, high school students do not lose all their rights at the schoolyard gate. The landmark U.S. Supreme Court ruling in Tinker vs. Des Moines applies to these Wisconsin incidents. The Court ruled that officials may ban expression when it disrupts the educational environment. However fear of disruption or offending other students, staff or community members is not enough to justify censorship.

In media reports on both cases, Mosinee’s stop sexual assault t-shirts and G-E-T’s KKK band t-shirts were described by school officials as offensive. The ACLU understands that First Amendment protections include offensive speech. If it only protected speech everyone either liked or ignored, it would be irrelevant.

The G-E-T superintendent, according to one article, suggested that the school “…was a pretty hostile place to be if you were an African American student.” However, justifying censorship on those grounds requires some evidence. For instance, if the students who wore the controversial t-shirts had repeatedly confronted black students during the school year, then the school is right to respond to intimidation. However there is a difference between a single instance of expression and creating a hostile environment. This must be clear: students’ expression of their religious or political beliefs is constitutionally protected, while actions of harassment, violence, or intimidation are not protected speech.

The media has not reported all the facts and some school officials have not been entirely forthcoming (citing student privacy laws). G-E-T’s Superintendent Gunderson refused to show the t-shirts to one TV reporter. Based on media accounts, neither Mosinee nor G-E-T officials have provided evidence that the t-shirts caused disruption.

WEAU-TV 13 quotes one G-E-T student as saying that a fight broke out between some of the t-shirt wearing students and a few black students. It is unfortunate that the school is caught between protecting students’ privacy and expression rights. Students and school officials may have witnessed the controversial incident, but the community also has the right to know if students are being disciplined for their conduct or for their expression. The ACLU of Wisconsin is continuing its independent investigation.

In both controversies, school officials need to educate their students and respond to conflict. At G-E-T there is also apparently a need to work on race relations. The ACLU of Wisconsin has been developing programs to assist schools in such efforts. For more information from the ACLU of Wisconsin on youth rights, contact liberty@aclu-wi.org.

The ACLU of Wisconsin has approximately 9,000 members who support its efforts to defend the civil liberties and civil rights of all Wisconsin residents. For more on the work of the ACLU of Wisconsin, visit our webpage. Find us on Facebook and Twitter at ACLUMadison and ACLUofWisconsin.

Friday, February 26, 2010

State Senate Needs to Pass Race-Based Mascot Bill

This week the Wisconsin State Assembly passed a bill that would provide an opportunity for local communities to challenge race-based mascots.

When the Assembly held a hearing on the bill back in March 2009, we blogged about why we testified in support of the bill. And when the Senate also heard an overwhelming number of supportive testimonies, we tweeted live from the hearing. The ACLU of Wisconsin supports this bill because fundamentally this issue is not about the constitutionally protected free speech of students: this bill is about ending the governmental endorsement of discrimination.

We pointed out that nearly 40 public school districts across Wisconsin continue to use nicknames, mascots and logos for their sports teams that are based on race or ethnicity. Nicknames, like Chiefs or Chieftains, Indians, Red Raiders, Redman, and Warhawks, and school-approved mascots and logos have been a common feature at sporting and pep events attended by generations of enthusiastic students.

But this legislation needs to be passed in 2010 because all public schools in Wisconsin are required to provide all students with an adequate, nondiscriminatory education. Race-based nicknames, logos and mascots are inherently discriminatory and shouldn’t be endorsed by a public school.

The legislation is also needed because there should be an opportunity for a fair and adequate process for the Department of Public Instruction to review complaints from community members about race-based mascots. The government is responsible for addressing discriminatory practices such as the use of race-based mascots and the Department of Public Instruction is the appropriate agency to mediate local conflict resolution.

Votes on this issue in the Assembly were unusually not split along party lines. Democrats Jorgensen, Krusick, Ziegelbauer and Zigmunt joined mostly Republicans in voting against the bill. Republicans Brooks, Montgomery, Mursau, Rhodes and Van Roy voted in favor of AB 35. We remember how Rep. Rhodes introduced a group of youth from her district who spoke passionately in favor of the bill and what it would do for student equality. It was a great moment for the positive power of student speech for justice.

Now the bill’s future lies in the Senate. The ACLU of Wisconsin urges the Senate and majority leader Decker to have a floor vote as soon as possible.

Friday, February 19, 2010

Thumbs Up to Carthage College for Allowing Student Protest and Dialogue

This evening on the campus of Carthage College in Kenosha, a student-led rally is being held to protest Saturday’s InterVarsity Christian Fellowship’s keynote speaker who is allegedly opposed to homosexuals and shares an anti-gay message.

Although Carthage College is a private religious institution, students encouraged the school to disinvite the speaker. The American Civil Liberties Union of Wisconsin hopes the school will encourage future speakers with differing ideas to expand the dialogue at the school in the same way they are allowing the InterVarsity program to continue.

“Since the biology professor at Fresno City College incorporated anti-homosexual pseudoscience in his classes,” said UW-Parkside sophomore Maggie Piery, an ACLU Student Alliance member, “it seems like some new sick trend to have anti-gay speakers at centers of higher education. I’m glad I attend a public institution where there is a strong commitment to both diverse perspectives and also supporting a diverse student body including LGBT students.”

Earlier this afternoon the Vice President of Enrollment and Student Affairs along with other school officials arranged for space to be provided for a simultaneous speak-out for students with opposing viewpoints to discuss tomorrow’s controversy. The ACLU of Wisconsin applauds this effort by the school to accommodate and encourage more free speech, student debate and an open and fair exchange of ideas.

Fond du Lac School Rejects Book Challenge

The American Civil Liberties Union of Wisconsin applauds a book reconsideration committee of the Fond du Lac Theisen Middle School for voting unanimously in support of keeping a book from being banned from their school library this week.

“One of Those Hideous Books Where the Mother Dies” by Sonya Sones is recognized as being age-appropriate in youth literature peer reviews for 12-year-olds, an average age for sixth graders. According to a WISN-TV report, statements by the school librarian defending the book selection and a letter from the book’s author read by Superintendent Jim Sebert were among the majority of support given to keeping the book in the library collection. Sones is no stranger to controversy as some of her other publications have been on the banned books list in the past.

The ACLU of Wisconsin also recognizes the bravery and leadership of 13-year-old Shelby Berg for originally suggesting the book be added to her library and for defending the book in the recent challenge. The effort to protect peer-reviewed, age-appropriate youth literature in Fond du Lac is not over: six more titles will be individually considered by the committee for withdrawal from the library shelves.

This weekend the ACLU of Wisconsin will honor West Bend, WI activists who successfully fought back censorship in their public library. The William Gorham Rice Civil Libertarians of the Year recognition will be awarded at the ACLU of Wisconsin Bill of Rights Celebration to the West Bend Activists for Free Speech who stood up to book burners and censorship in their community.

The story got video coverage on FOX WLUK-TV in Green Bay and an article in the Oshkosh Northwestern details the software system that is now in place for parents to restrict what books their children can check out. Other coverage included a preview article and a hearing summary article in the Fond du Lac Reporter.

For more resources on the field of youth literature and how to effectively address book challenges, please contact the Children’s Cooperative Book Center at the University of Wisconsin, Madison. For updates on book challenges and censorship issues in Wisconsin, contact the ACLU of Wisconsin or join the Banned Books Reading Club on Facebook.

Thursday, January 14, 2010

Immigration Rights Rally in Madison - Jan. 19

FYI - Immigration rights rally announced:

"Yesterday We Dreamed, Today we Act: March in Support of CIR - ASAP and the DREAM Act" will be held on Tuesday, January 19th. This event is being organized by different high school and college student groups. The goal of the event is to support the recent immigration reform bill introduced by the Congressman Luis Gutierrez (CIR - ASAP) and the DREAM Act.

The schedule is as follows:

4:30pm - We will gather at the Library Mall (711 State St).
4:45pm - We start to march from the Library Mall to the Capitol.
5:30pm - There will be a press conference outside of the Capitol.
6:00pm - People will start moving to the Humanities building
6:30pm-8:00pm - There will be a celebration party with music, food in Room 3650 of the Humanities building (432 East Campus Mall)

The Madison Student Coalition

Wednesday, January 6, 2010

Public School Legislative Action Needed Now!

On January 6, 2010 the ACLU of Wisconsin’s executive director Christopher Ahmuty sent the following statement to members of the Wisconsin Legislature and Milwaukee Mayor Tom Barrett. He urged them to move beyond a perceived impasse on legislation to aid the Milwaukee Public Schools. Ahmuty’s statement:

"Some media, including the Milwaukee Journal Sentinel and Wispolitics.com, report that after a January 5th marathon hearing on Milwaukee Public Schools, the Wisconsin Legislature is unlikely to come up with a fix for the district’s woes any time soon. As someone who attended the hearing for eight hours, I believe the media reports misrepresent the current situation.

"While the prospect of a mayoral takeover of MPS should be dead, that doesn’t mean that the Milwaukee Mayor Tom Barrett and legislative leaders can’t or won’t display the kind of leadership on education that both opponents and proponents of mayoral control would welcome. Mayor Barrett, in particular, can still deliver for MPS and parents and students across Wisconsin by agreeing to legislation that would address the core issues we all face.

"The school funding formula adopted by the Legislature in 1992 is a shambles and needs to be replaced. Public schools need the resources to provide an adequate education to their students. Different districts have different needs. Poor rural and urban districts (including Beloit and Racine as well as Milwaukee) have challenges that wealthier districts do not face. A new formula can help districts with concentrations of poor students, English language learners, and special needs without harming districts with more advantaged students. A good way to enhance Governor Doyle legacy on educational issues might be to revisit the 2004 recommendations of Doyle’s Task Force on Educational Excellence for additional measures that would help districts across the state.

"A proposal by State Senator Spencer Coggs and State Representative Tamara Grigsby could be modified to include provisions on funding that will help districts statewide, not just Milwaukee. Barrett and legislative leaders could be statesmen, if Barrett recognizes the needs of districts statewide, just as legislators must now recognize the urgent needs of MPS, not for control, but for support from all segments of the public and all parts of Wisconsin."

You can read the ACLU's testimony from the hearing (PDF) or read our press release (PDF) on-line.

We've blogged before about the reasons why the Mayor shouldn't take over the Milwaukee Public Schools. We also tweeted live from yesterday's hearing.

The ACLU of Wisconsin was quoted on the subject in OnMilwaukee. Coverage of the hearing and the mayoral takeover issue also included Milwaukee Public Radio, TMJ4, WisPolitics, the Milwaukee Business Journal, the Milwaukee Journal Sentinel, WISN, the La Crosse Tribune, and got a mention on Madison's Channel 3000.

Tuesday, January 5, 2010

No to Mayoral Takeover of Milwaukee Public Schools - Hearing Today

We've blogged before on why the Milwaukee Mayor should not take over the Milwaukee Public Schools. Today a hearing is being held at the MPS headquarters to get public comment on this issue and ACLU supporters will be there to voice their concerns.

You can follow the live Twitter posts from the ACLU. Follow ACLUofWisconsin on Twitter today.

According to ACLU Executive Director Chris Ahmuty, the proposal to give MPS governance to the mayor is just another scheme that won’t remedy Wisconsin’s failure to provide an adequate education to far too many of Milwaukee’s children.

Rather than spending time and effort to push through a controversial takeover program, the governor, mayor and state legislators need to comply with the state Constitutional obligation to ensure that all Milwaukee children have the opportunity to obtain a meaningful, adequate education.

Persons who are genuinely concerned about student performance need to evaluate what programs and services help students succeed, and what special programs and services are needed for children living in neighborhoods of concentrated poverty, limited English proficient children, and children with disabilities - and then ensure that MPS has the resources to implement those programs.

They also must address the reality that thousands of Milwaukee children attend taxpayer-supported private voucher schools – most of which perform no better than MPS. Yet neither the takeover proposal nor any other plan has been offered to improve education for those 21,000 Milwaukee children.

The primary constitutional responsibility for the education of Milwaukee’s children rests with the State of Wisconsin. The state needs to put adequate resources into the public school system to provide the educational services and supports those children need. It needs to ensure that the per-pupil funding for Milwaukee Public Schools students is at least comparable to that of suburban districts. It needs to phase out voucher and charter schools that are not performing, and impose the same accountability requirements on any schools that remain. Those are the reforms that will help Milwaukee students succeed.

Thursday, October 22, 2009

UW Madison Students Learn About Their Rights and the Consequences of Breaking Party Laws

One hundred and ten people attended last night's Know Your Rights workshop on the UW-Madison campus Mosse Humanities Building, Room 3650. The workshop was timely: next weekend's Halloween party on State St. called Freak Fest has a long history of student arrests and law enforcement presence.


The workshop was led by ACLU of Wisconsin statewide board President and criminal defense attorney Erik Guenther of the Hurley, Burish, and Stanton Law Firm.

“I conduct ‘Know Your Rights Workshops’ regularly on college campuses around the state,” said Guenther. “It is important to me as an attorney to share my legal knowledge with college students who may not know what their constitutional rights are when they find themselves in precarious situations with police officers.”


Student leaders including Steve Horn and Jessica Johnson worked hard to publicize the event and involve other student groups as co-sponsors. Co-sponsoring UW student organizations included College Democrats, College Republicans, Young Americans for Liberty, Students for Russ Feingold, Pre-Law Society, Students for Equal Access to Law School, and Wisconsin Union Directorate Society and Politics Committee.


Members of the ACLU Student Alliance on the UW Madison campus handed out "bust" cards to attendees of Freakfest in 2008. The information on what to do if stopped by police was well-received by the holiday revelers. Down from previous years, mostly due to major changes in the organization and sponsorship of the event, last year totaled 77 arrests. Student volunteers from the ACLUSA-UW will be out distributing bust cards this year as well.

Last night's Know Your Rights workshop also enjoyed news coverage with photos in today's Badger Herald and Daily Cardinal.

To contact Attorney Erik Guenther, call (608) 257-0945 or email eguenther@hbslawfirm.com. For more information on Know Your Rights workshops or other workshops offered by the ACLU of Wisconsin on individual rights and civil liberties, contact Community Advocate Stacy Harbaugh at (608) 469-5540.

Erik's next Know Your Rights workshop will be on the campus of the University of Wisconsin - Green Bay on November 24.

Wednesday, June 17, 2009

WI Senate: Undocumented Students Need In-State Tuition Qualification

On June 17, 2009 the ACLU of Wisconsin’s executive director Christopher Ahmuty sent the following statement to members of the Wisconsin State Senate. He urged them to support a provision in the state budget which would charge some undocumented Wisconsin high school graduates resident tuition at the University of Wisconsin and the Wisconsin Technical College Systems. At this time, the Senate is considering not accepting this proposal in their version of the budget.

“The failure of the federal government’s handling of immigration (regardless of which party was in control) is evident in the inequitable situation facing undocumented children who are qualified to attend the University of Wisconsin,” Ahmuty wrote.

Even though these children could not be denied access to elementary or secondary education on the basis of their immigration status, their chances of attending the University of Wisconsin are very small. Very few of the 400-600 undocumented students who graduate from Wisconsin high schools each year can attend the UW for a variety of reasons. First, most of them are poor despite their own hard work and the hard work of their tax paying parents. Second, these young students are not eligible for federal or state financial aid. And third, the University currently charges them nonresident tuition, which they cannot afford.

“There is a provision in the Assembly passed version of the state budget that would make a start at helping these students become productive Wisconsinites,” Ahmuty continued.

It would exempt non-citizens from nonresident tuition if they meet three requirements: they graduate from a Wisconsin high school, they live in Wisconsin continuously for at least three years following their high school enrollment, and they apply for a permanent resident visa as soon as they are eligible.

The Wisconsin State Senate should adopt the same provision as the Assembly. On civil liberties and public policy grounds this is an important step. It will not solve all the problems raised by messy federal laws, but it will allow Wisconsin to join ten other states, including Illinois, that charge their state’s undocumented high school graduates instate tuition.

“From a civil liberties perspective it is difficult to flatly deny a group of otherwise qualified students a benefit afforded their high school classmates. This is particularly unfair considering that their undocumented status is almost always the result of their parents’ actions,” Ahmuty continued.

The fact that federal law denies them financial aid and other benefits says something about the failure of federal lawmakers who are denying these students their just desserts. Until federal law is fixed, it is still possible charge resident tuition based on the students’ attendance at a Wisconsin high school.

From a public policy standpoint there is an additional reason to encourage these students. It is in our state’s financial interest. For a very small outlay of funds, the state has an opportunity to address our impending shortage of highly skilled workers. Given the fact that eligible students will be applying for permanent resident status, it is likely that they will make their home in Wisconsin. We have a desperate need for young highly motivated and highly skilled university graduates. We cannot afford to deny a group of deserving students today, when tomorrow they will add to our workforce, pay taxes, and contribute to our society in a host of ways.

“The ACLU of Wisconsin urges the State Senate to be forward thinking and make this change for the benefit of the students and our state,” Ahmuty concluded.

Tuesday, June 9, 2009

UW Regents decide to balance student rights, university interests

One of the issues we’ve been tracking is the proposal that was before the University of Wisconsin System Board of Regents regarding the student discipline code. While student misbehavior and pranks have been the subject of pop culture from Horse Feathers to Animal House, complaints from neighbors near UW campuses finally nudged Regents into reconsidering how students are punished on campus for their off-campus municipal and criminal violations.

But while we collectively hold UW students accountable for their behavior, the discipline system should embrace the same constitutional standards of due process and equal protection as any other part of the criminal justice system. Objections to the proposed changes arose from students and student rights advocates (like the United Council of UW Students and the ACLU of Wisconsin) questioned the removal of the right to hearings, appeals or legal council.

Students lobbied the Board of Regents at listening sessions and voiced their concerns. This article in the UW River Falls Voice quoted a student who said the proposed changes “butcher” student rights.

The ACLU of Wisconsin Foundation legal department sent a letter to the Board outlining our concerns. We supported changes to the proposal that would regulate, not eliminate, the option for accused students to have lawyers present at hearings. This would put the decision in the hands of a hearing examiner to keep a lawyer from cross-examining a victim of sexual assault. We also asked for a hearing examiner (rather than an investigating officer) to decide on a clear and demonstrated nexus between the off-campus conduct and a significant disruption of campus life and the interest of the University.

Ultimately the Board changed the rules in a way that balanced the interest of the university system and students’ rights. The decision is still not without some controversy from opponents, but the compromise was reached due to both the fair deliberation of the Regents and the persistence of students’ rights advocates. Read more about how the education committee of the Board of Regents made more balanced changes.

Friday, April 17, 2009

Know Your Rights... Just in Time for the Mifflin Street Party in Madison

The American Civil Liberties Union Student Alliance - UW will host a timely “Know Your Rights Workshop” on Wednesday, April 22 from 7:00 – 9:00 pm (check Today in the Union (TITU) for location).

The workshop will be led by Madison criminal defense attorney Erik Guenther of Hurley, Burish, and Stanton Law Firm and a volunteer attorney for the ACLU of Wisconsin.

“I conduct Know Your Rights Workshops regularly on college campuses around the state,” said Guenther. “It is important to me as an attorney to share my legal knowledge with college students who may not know what their constitutional rights are when they find themselves in precarious situations with police officers.”

The workshop will take place ten days prior to the annual Mifflin Street Block party, scheduled for Saturday, May 2. The Mifflin Street Block Party has consistently resulted in many arrests of students and community members. In 2008, 438 attendees were arrested, 383 cited and released, and 51 sent to the Dane County Jail.

“The Mifflin Street Block Party is a well-known haven for arrests and it is important for students to know their Fourth and Fifth Amendment rights when dealing with Madison Police,” said Guenther.

Event sponsor ACLUSA-UW aims to be a campus and community civil rights educator.

“The ‘Know Your Rights Workshops’ are just a small, but important sample of the work we do on-campus and in the Madison community,” said ACLUSA-UW president and senior Tracy Fleischman. “Most people are unaware of the extent and details of their civil liberties, so we want to change that.”

During Freakfest, Madison’s annual Halloween block party occurring on State Street, members of the ACLUSA-UW handed out “bust” cards to attendees, meant to serve as a reference for party-goers in the event that they are arrested.

“The cards got a very positive response among those attending Freakfest and far fewer arrests occurred than in past years,” Fleischman said. The number of arrests dropped considerably from 2007’s Freakfest, with only 77 arrested, compared to 181 in 2007, 235 in 2006, and 566 in 2005.

Check UW-Madison’s Today in the Union (TITU) on Wednesday April 22nd for the exact location of the event.

For additional information on the “Know Your Rights” workshop and the ACLUSA-UW, contact Steve Horn at sahorn@wisc.edu or (262) 705-5856.

Tuesday, April 7, 2009

Milwaukee School Voucher Experiment Fails Students, Exit Strategy Needed

It is time to end the school voucher program in Milwaukee after years of failure.

Today the American Civil Liberties Union of Wisconsin urged the co-chairs of the Legislature's Joint Finance Committee on Finance to adopt an exit strategy for the school voucher program.

“If we continue to prop up failing schools by giving them taxpayer-funded vouchers we only make it harder and more expensive to undo the harm later,” wrote ACLU of Wisconsin Executive Director Chris Ahmuty.

While recent reports from the School Choice Demonstration Project are not conclusive, these reports confirm that "more than 120, mostly small, Milwaukee schools that taxpayers support with tuition vouchers are performing at or below the levels achieved by comparable students attending Milwaukee Public Schools (MPS).”

ACLU of Wisconsin’s Ahmuty added, “We believe that the school voucher scheme has always been a distraction. Real improvement in our public schools has to provide an adequate education for all children across the state. We wrote the Joint Finance Committee co-chairs to get the Legislature to cut our losses and reallocate resources to where they will do the most good for our public schools.”

Ahmuty added, ”The voucher system has been particularly hard on Milwaukee’s students of color because the racial gap in performance is widening compared to the rest of the nation. Legislators in Madison have to stop pretending vouchers are a legitimate response to conditions in the state's largest city.”

Ahmuty concluded, “Given the current financial pressure on our educational system, we don’t have the luxury of continuing a failed experiment that may look good to some, but doesn’t deliver for tomorrow’s citizens, workers and families.”

Tuesday, March 17, 2009

Race-based mascots = government-endorsed discrimination

The Assembly Education Committee hearing today was really amazing. It was great to see the room packed with dozens of students from across Wisconsin who were there to show their visible support for Assembly Bill 35 which would allow for a process for communities to challenge the remaining racially insensitive mascots for their public schools. Thanks to Rep. Jim Soletski (statement - PDF) and Sen. Spencer Coggs for introducing this bill.

The testimonies today were overwhelmingly in support of the bill and showed the need of indigenous people to not have their communities, religion and culture caricatured by public school mascots. A special shout-out to the students from Prescott High School who not only gave well-researched statements, but who stole all of the best talking points before the ACLU got a chance to speak. They are right: mascots are better when they are animals and we should not treat people like mascots.

Why Oppose Racist Mascots:
Nearly 40 public school districts across Wisconsin continue to use nicknames, mascots and logos for their sports teams that are based on race or ethnicity. Nicknames, like Chiefs or Chieftains, Indians, Red Raiders, Redman, and Warhawks, and school-approved mascots and logos have been a common feature at sporting and pep events attended by generations of enthusiastic students.

However, the use of discriminatory mascots should be challenged. The ACLU of Wisconsin points out that:

1. All public schools in Wisconsin are required to provide all students with an adequate, nondiscriminatory education. Race-based nicknames, logos and mascots are inherently discriminatory and shouldn’t be endorsed by a public school.

2. There should be a fair and adequate process for the Department of Public Instruction to review complaints from community members about race-based mascots. As the use of race-based mascots is government speech (not individual speech), the First Amendment does not apply. The government is responsible for addressing discriminatory practices such as the use of race-based mascots and the Department of Public Instruction is the appropriate agency to mediate local conflict resolution.

3. Having schools with mascots that are not based in racial or ethnic stereotypes will not only end this particular discriminatory practice, but will be a positive step toward equality and an embrace of good sportsmanship, respect for others and fair play.

For these reasons the ACLU of Wisconsin supports AB 35 on race-based nicknames, mascots and logos and encourages the Assembly Education Committee to support this bill. Assembly Bill 35 won’t end discrimination in our public schools, but it is an important step forward.



CONTACT YOUR REPRESENTATIVE

1. Find out who your Wisconsin State Assembly Representative is:
http://www.legis.wisconsin.gov/w3asp/waml/waml.aspx

2. Call or email about your support of AB 35.

3. If you live in a committee member's district (see below), be sure to say you want them to support the bill in the hearing on March 17th.

4. Tell Stacy that you contacted your legislator: sharbaugh@aclu-wi.org.

Assembly Education Committee members:
Rep. Sondy Pope-Roberts (chair), D-Verona, 79th
(608) 266-3520
(888) 534-0079
Rep.Pope-Roberts@legis.wisconsin.gov

Rep. Kristen Dexter (vice-chair), D-Eau Claire, 68th
(608) 266-9172
Rep.Dexter@legis.wisconsin.gov

Rep. Steve Hilgenberg, D-Dodgeville, 51st
(608) 266-7502
(888) 534-0051
Rep.Hilgenberg@legis.wisconsin.gov

Rep. Christine Sinicki, D-Milwaukee, 20th
(608) 266-8588
(888) 534-0020
Rep.Sinicki@legis.wisconsin.gov

Rep. Kim Hixon, D-Whitewater, 43rd
(608) 266-9650
Rep.Hixson@legis.wisconsin.gov

Rep. Jeff Smith, D-Eau Claire, 93rd
(608) 266-0660
Rep.Smith@legis.wisconsin.gov

Rep. Peggy Krusick, D-Milwaukee, 7th
(608) 266-1733
Rep.Krusick@legis.wisconsin.gov

Rep. Mark Radcliffe, D-Black River Falls, 92nd
(608) 266-7461
(888) 534-0092
Rep.Radcliffe@legis.wisconsin.gov

Rep. Brett Davis, R-Oregon, 80th
(608) 266-1192
(888) 534-0080
Rep.Davis@legis.wisconsin.gov

Rep. Stephen Nass, R-Whitewater, 31st
(608) 266-5715
(888) 529-0031
Rep.Nass@legis.wisconsin.gov

Rep. John Townsend, R-Fond du Lac, 52nd
(608) 266-3156
(888) 529-0052
Rep.Townsend@legis.wisconsin.gov

Rep. Leah Vukmir, R-Wauwatosa, 14th
(608) 266-9180
Rep.Vukmir@legis.wisconsin.gov

Rep. John Nygren, R-Marinette, 89th
(608) 266-2343
Rep.Nygren@legis.wisconsin.gov

Tuesday, February 24, 2009

Student Free Speech - Celebrate 40 Years!

The ACLU of Wisconsin Foundation is proud to celebrate the 40th anniversary of the Tinker v. Des Moines Supreme Court decision on February 24th. This landmark decision was an important step in recognizing the essential rights of young people to express themselves and enjoy their First Amendment rights.

In 1969, the Supreme Court decided in Tinker v. Des Moines that students do not “shed their constitutional rights of freedom of speech or expression at the schoolhouse gate.” The issue before the court was that of a 13 year-old junior high school student, Mary Beth Tinker, who over three years earlier was among a group of students who decided to wear black armbands to school to protest the Vietnam War. The school board heard about the protest action and passed a preemptive ban. Students who wore the arm bands to school were asked to remove them and if they did not, were sent home.

The ACLU represented the suspended students and argued before the Supreme Court that because the protest was not disruptive, their First Amendment rights were violated when they were punished. The “Tinker standard” refers to the balance between students’ right to free expression without intervention from authority unless it would cause a disruption.

Since then, however, student expression rights have been challenged. In 1988, the Hazelwood School District v. Kuhlmeier decision rolled back student rights from the 1969 Tinker case. While Tinker recognized student’s First Amendment rights to non-disruptive expression, the Hazelwood decision allowed school administrators to censor school publications if they could prove that they had a reasonable educational purpose for stopping articles from being published.

More recently, the 2005 Hosty v. Carter decision in the 7th Circuit Courts extended the Hazelwood decision to public colleges. The 7th Circuit covers Wisconsin, Illinois and Indiana. In the 2007 ACLU Morse v. Frederick case, a prank “Bong Hits 4 Jesus” sign was displayed by a student at an Olympic torch rally in Juneau, Alaska. Even though the event was not on school grounds nor sponsored by the school, his punishment for displaying the “pro-drug” message where other students could see it was supported by the Supreme Court.

Arkansas, California, Colorado, Iowa, Kansas, Massachusetts, Pennsylvania and Washington have all enacted laws to define and protect student publications and expression. An attempt to make a law to protect student speech was vetoed in Wisconsin in 1992.

For more on the work of the ACLU of Wisconsin Foundation on youth civil liberties, visit our youth page, or visit our multimedia page to download our Freedom of Expression FAQ (PDF).

You can also read about the national ACLU's new video on the relevance of Tinker today...

Tuesday, February 17, 2009

Beowulf and Breasts: Ye Olde Storme Breweth Anewe

The Menasha School District is considering a review of its policy on the classroom use of commercial films next week after a parent’s complaint prompted extra scrutiny of a syllabus for a mythology class.

The elective course on world mythology would have included the 2007 PG-13 feature film of "Beowulf" among its eight films that would be shown as a part of the 10th – 12th graders’ class. While the school district has a really clear policy about giving students and parents a chance to opt-out of objectionable school assignments, the school board might go back to the books and change their minds.

What is objectionable about "Beowulf" these days? Incomprehensible Old English? Violence? Neil Gaiman’s writing? Nope. It’s Angelina’s CGI animated, nipple-less breasts (of course the clip is on the Internet).

A flash of lady parts makes me nostalgic.

I remember when we struggled through Shakespeare’s writings in high school. I knew that if I worked hard enough, I would find classic themes of political power struggles in "Julius Caesar." "Hamlet" would teach me more about power and loyalty and life and death. But it was "Romeo and Juliet" that seemed most relevant to a 16 year old’s hormonal brain. We all thought our crushes transcended our parent’s disapproval. We all thought if we didn’t get a chance to make out we would DIE.

But watching Franco Zeffirelli’s film version of "Romeo and Juliet" did more for our English class than give us a quick flash of naked boobs and butts. We giggled, sure. But the appropriateness and power of the film in our classroom was that we were able to hear the words that were not meant to be read on paper but rather spoken out loud. Shakespeare was a playwright and his words were meant to soak into our souls through our ears.

"Beowulf," too, is said to be a poem from an oral tradition. Old English is an ancient language and the mythological stories of that time were written down only after being retold for generations. The written language is incomprehensible to modern English speakers, but when you hear it, the language is almost as recognizable as the themes of love, power and heroism. And hey, who doesn’t love a good dragon fight?

The school’s policy of offering opt-outs for age-appropriate material is fine as it stands. Students benefit from learning about the line where classic literature and pop culture meet. And if Angelina’s animated breasts are the worst thing that students see in our public schools today, I would think we should all count ourselves lucky. Very lucky indeed.

Friday, January 9, 2009

Green Bay alderwoman stands up by sitting down, privacy rights versus free info, virginity pledges don't work and more

Civil liberties news in review...

Free Speech
Recently there was a little controversy regarding a Green Bay city council alderwoman who did not give a patriotic vets organization a standing ovation when a flag plaque was donated to the city. The essence of the debate was that Alderwoman Jeffreys questioned the inclusion of Columbus Day on the plaque and did not stand to show her disapproval. The council president Wery is demanding a public apology and is suggesting censure while Alderwoman Jeffreys is asserting her free speech rights.

Privacy
This is an interesting article on the issue of background checks and licensed medical professionals. The Wisconsin State Journal was requesting information from the state to do background checks and ran into some major hurdles and privacy constraints. The end of the article points to a law passed in 2000 where Senator Erpenbach added an amendment in order “to cut down on the solicitations (medical professionals) got (and) make it difficult for companies to profit from this information.” The restriction then made it more difficult for the WSJ journalists to seek background information about doctors. This is one more example of the tension between the public’s right to know (is my doctor a crook?) and the privacy rights of individuals (can companies get a way with abusing public, governmental records for profit?).

Reproductive Rights
The conservative Christian Alliance Defense Fund and other anti-abortion groups have dusted up a controversy about the new proposed plan for UW Health’s Madison Surgery Center to start offering abortion services, even up to the second trimester (otherwise unavailable statewide). The ADF is alleging that the plan will violate UW Health staff’s religious right to refuse to participate in medical practices they don’t agree with, and that state funds would be used for abortion services. The UW Health has said that their policy on allowing staff the right to appropriately refuse is clear and fair, and that abortion services would only be paid for by insurance or out-of-pocket payments. The big picture goes beyond the personal, health or economic reasons women need abortion services. With the Bush administration’s last-minute push to change federal Department of Health and Human Services’ rules regarding refusal rights, the civil liberties implications have been put out of balance. Now medical professionals have greater power to dictate the limitations of women’s reproductive options. The Obama administration needs to roll back the unbalanced new rules and the state of Wisconsin needs to pass real legislation that draws a bright line between women’s right to reproductive freedom and the responsibility of medical service providers to have fair policies for both their staff and their patients. See the articles in the Cap Times and in the Wisconsin State Journal. Read more on where the ACLU stands on the balance of reproductive rights and religious liberty.

And did you see this article in the Washington Post about a new study that shows that teens who take “virginity pledges” though programs that focus on abstinence until marriage are just as likely to have sex as teens who don’t? And the study furthermore shows that those teens who don’t take virginity pledges are more likely to use contraception and safer sex practices. The study from Johns Hopkins, which appears in this month’s Journal of Pediatrics, is different because the teens who are compared share similar values, whereas previous studies did not. This lends more evidence to the inadequacy and even legitimate public health concerns with abstinence-only programs. Kudos to Wisconsin Governor Doyle for continuing to refuse federal funds for abstinence-only curricula: even when facing a budget deficit, abstinence-only programs do more harm than good. Read more on why comprehensive sex education is better for students and for our community.

Friday, September 5, 2008

Issue ad regs postponed, drug sniffing dogs in parks, homeless banned and more

Free Speech
Free speech gets muddled in between the lines of rule-making of the GAB at their recent meeting. While the board didn’t take a formal vote at their last meeting (mainly because it is still up in the air whether or not they have the actual authority to regulate issue ads), they will be working on drafting a rule concerning ads and revisit the topic at their October meeting. This subject goes to the heart of free speech, the ability of all organizations to communicate with the public about the issues they care about, and how to make campaign finance and influencing voters fair.


Privacy Rights
Here’s an article about recent sweeps of public parks by police with drug sniffing dogs. The cops made some small busts of drug users, but the article is a rare example of newspapers detailing the boundaries of people’s rights. It also shows how 1.) police lie, and 2.) open air is searchable. For more on how everyone can interact with police while asserting their rights to privacy, to remain silent and to not consent to searches, visit this Know Your Rights page on the ACLU website.


Rights of the Poor
A recent article points out that the Brittingham Park plan to get rid of disorderly loiterers is working. But the article doesn’t ask anyone where the homeless people went or if they experienced an increase of police harassment or discrimination.


Reproductive Rights
Zweifel writes a solid column about the religious right’s support for Republican V.P. nominee Sarah Palin’s daughter. The spin from Palin’s supporters articulates how Palin’s family is human, subject to mistakes and should have their private decisions kept to themselves. Zweifel notes that this perspective comes from religious right figureheads who have been telling the rest of us how to raise our children and teach them (or not teach them at all, in the case of abstinence-only education mandates) about sex. For more on how the ACLU is challenging abstinence only education, visit our reproductive freedom webpage.


Student Rights
Dane County schools update their rules to bring clarity and more modern definitions to their policies. New regs on cell phones are an improvement that recognizes the ubiquity of this personal communications technology. However, it’s as important as ever for students and parents to read their school rules in the student handbook to understand their rights and the boundaries of what is allowed. Read on to get the scoop on how students can get kicked out of school for something that even looks like a gun and a student ID experiment at Verona that would require students to have IDs visible on lanyards at all times.


Check out this upcoming event which features an excellent speaker who is a former board member of the ACLU of North Carolina affiliate and frequent speaker at ACLU national conferences:

Community lecture: “Civil Liberties and the War on Terror – Past, Present, and Future” with Erwin Chermerinsky, Dean and Distinguished Professor of Law, UC-Irvine School of Law
When: Friday, September 19, 12:10 p.m.
Where: UW Memorial Union Play Circle Theater
The UW Law School Office of the Dean and the Institute for Legal Studies fall 2008 workshop series will focus on “Ideas and Innovations in Legal Scholarship.” Hosted by Kathryn Hendley, Associate Dean for Research and Faculty Development, this series features current topics shared by legal scholars in our community and from across the country. Professor Howard Erlanger will provide the welcome for Chermerinsky who will doubtlessly give an in-depth, yet accessible talk on the history of threats to civil liberties in times of war and threats to national security. Worth checking out!

Monday, March 24, 2008

Passport privacy, realistic cell phone policies, root beer kegger activism?

News roundup for today...

Privacy
Now that the three Presidential contenders have had their private passport files compromised, shouldn’t privacy issues find their way onto their priority lists? The recent news stories about how State Department contract employees pried into the Presidential hopefuls’ information not only reminds us about the tenuous relationship between our privacy and government control but it also serves as some high-profile proof that even low-level contract employees can abuse their access to information. Whether their files were searched based on an order from high up or if employees were just satisfying their curiosity, citizens’ private data is at risk. Something that the General Accounting Office reminded a Senate subcommittee last week.

Student Rights
Did you know that the mere possession of a cell phone can get a student expelled? Distracted youth poking out text messages on their cells or having their phones ring in the middle of lectures can certainly be a disruption that warrants restriction, but expulsion for having one on the school premises is draconian and outdated. There is a proposal (to be presented by the citywide Student Senate to the MMSD school board on April 14) to bring the policy to a more modern and moderate level.

Are prevention and outreach programs working to curb juvenile crime? Maybe. New report says juvenile arrest rates have fallen over the past ten years. WSJ has the Wisconsin story.

Angry about your school’s policy on punishing underage drinking? Throw a (root)beer kegger and get busted by the police. Check out this story about a Wausau-area prank. There may be better ways to organize and challenge school rules you don’t agree with, but probably not as tasty. Here is the Wausau Daily Herald story.