The American Civil Liberties Union of Wisconsin Foundation will be recognizing Banned Books Week through several events across the state. Nationally, Banned Books Week is an awareness campaign sponsored by the American Library Association which celebrates the freedom to read and the right to open, accessible libraries.
“From the Internet to our local libraries, censorship is still a threat,” said Stacy Harbaugh, Community Advocate for the ACLU of Wisconsin. “While we read about high-profile conflicts that happen in Wisconsin, the reality is that teachers, librarians and journalists work every day to keep information accessible to the public. Banned Books Week recognizes their efforts.”
The ACLU works nationally to fight censorship and protect the freedom of expression, even when free speech is unpopular. The ACLU of Wisconsin Foundation recently announced that it will be representing a supper club owner in Crivitz, WI who is in a dispute with police who confiscated the flag the man was flying upside-down as a form of protest. The ACLU of Wisconsin was also involved in supporting the librarians at the public library in West Bend, WI after books with gay and lesbian characters were challenged by local residents.
Nationally, the American Civil Liberties Union has joined a coalition of authors, publishers and groups like the Electronic Frontier Foundation to urge a federal judge to reject a proposed settlement in a lawsuit over Google Book Search. The ACLU is concerned that the settlement will leave open the possibility that the browsing and readership history of digitized books on Google Book Search will not have privacy protections.
Please join the ACLU of Wisconsin Foundation for these Banned Books Week events:
ACLU of Wisconsin Foundation Banned Books Week Kick-off and Fundraiser
Tuesday, September 15, 7:00—8:30 p.m.
Goodman Community Center—149 Waubesa Street Madison, WI 53704
Featuring special guests Michael Tyree, Director, West Bend Community Memorial Library and Maria Hanrahan, West Bend community organizer. These brave book defenders will share their story of a book challenge this year in West Bend, WI. The professionalism of the library staff and the efforts of community activists were crucial in defending a diverse library collection that is free and accessible to all community patrons. A $25, tax-deductible donation is encouraged.
Banned Books Week Panel, moderated by Jim Fleming, Wisconsin Public Radio host
Thursday, October 1, 6:00—7:30 p.m.
School of Library and Information Science—4th floor commons
Helen C. White Hall—600 North Park Street Madison, WI 53706
Featuring special guests Bob Bocher, Library Technology Consultant, WI Dept. of Public Instruction and two local librarians with experience working with public and youth library collections. The panel will discuss current issues in censorship including book challenges, net neutrality and free access to the Internet, and youth free speech rights. The event is free and open to the public. Co-sponsored by the School of Library and Information Studies at the UW-Madison.
Banned Books Talk presented by ACLU of Wisconsin Foundation, Woodland Pattern Book Center, and Wisconsin Center for the Book
Wednesday, October 14, 7:00 – 8:30 p.m.
Woodland Pattern Book Center—720 E. Locust Street, Milwaukee, WI 53212
Join the ACLU of Wisconsin Foundation and Woodland Pattern Book Center for a celebration of beloved banned books. We’ll talk about censorship attempts in and around South East Wisconsin. There will be a short presentation and then we’ll read excerpts from the “hot” books. A reception begins at 6:30 p.m.
For more info on the ACLU of Wisconsin Foundation’s work to protect free speech, read the news on our website. Read more about the national Banned Books Week on the American Library Association website.
Thursday, September 10, 2009
Monday, August 31, 2009
ACLU Online News - national issues update
August 28, 2009 - ACLU Online News
Attorney General Holder Announces Appointment of Special Prosecutor to Investigate Torture
On Monday, the ACLU obtained the detailed official record of the CIA’s torture program.
>>Take action and learn more.
On Monday, Attorney General Eric Holder made the long-awaited announcement of the appointment of a special prosecutor to conduct a preliminary investigation into whether federal laws were violated during the interrogation of detainees in U.S. custody.
Attorney General Holder said his decision to appoint a special prosecutor was in part influenced by the contents of a CIA inspector general report made public the same day as part of an ACLU lawsuit. The IG report documents in disturbing detail the level of the torture committed and the extent to which laws were broken.
As anyone who has seen the details of this appalling report can tell you, this investigation is necessary and long overdue, and Attorney General Holder should be commended for taking this important first step. However, the very limited scope of the investigation he launched is nowhere near as thorough and broad as the torture investigation America really needs.
According to early reports, prosecutor John Durham’s mandate will be limited to roughly a dozen cases in which CIA interrogators and contractors may have violated U.S. torture laws and other statutes. Moreover, Durham will conduct a 'preliminary' investigation meant to determine whether a full investigation is appropriate.
In addition to the long-awaited IG report, the ACLU also received more than 60 documents, dating from 2002 through 2007, in response to two ACLU Freedom of Information Act lawsuits for documents related to the treatment of detainees in U.S. custody overseas. Included are memos, letters, and documents between the Justice Department’s Office of Legal Counsel (OLC) and the CIA about the torture and interrogation of detainees in U.S. custody.
Collectively, the OLC documents, along with the CIA Inspector General report, further underscore the need for a full investigation into the torture of prisoners and those who authorized it.
>>Take Action: Urge Attorney General Holder to conduct a thorough investigation of the Bush torture program.
>>Learn more about the documents released on Monday.
Rendition Program to Continue Under Obama’s Watch
On Monday, the Obama administration made the disappointing announcement that it would continue the Bush administration practice rendition -- the practice of kidnapping individuals suspected of terrorism and rendering them to other countries to be detained or interrogated -- but that it will monitor all cases to ensure that suspects are not mistreated.
As a party to the U.N. Convention Against Torture, the U.S. is under an absolute obligation not to commit torture or to facilitate its occurrence. By instituting a rendition program that relies on flimsy “diplomatic assurances,” the Obama administration is turning its back on U.S. obligations under the U.N. Convention.
The administration’s announcement forms part of the Justice Department’s new recommendations on the interrogation and transfer of individuals. The newly revamped rendition program would rely “on assurances from the receiving country” to prevent torture. These so-called “diplomatic assurances” -- written guarantees from the receiving state that a person would not be subject to torture -- are not a new concept. They were also employed by the Bush administration in the universally condemned “extraordinary rendition" program and proved singularly ineffective in preventing individuals from being tortured after transfer.
A rendition program with “diplomatic assurances” as its centerpiece will be ineffective at preventing torture. We urge the administration to uphold its absolute obligation to prevent torture. Any transfer it engages in must fully comply with domestic and international human rights law. Anything less will mark a return to the unlawful “extraordinary rendition” program.
>>Learn more about the ACLU’s work to end extraordinary rendition.
>>Learn more about the ACLU's work to defend human rights.
ACLU Mourns Senator Edward Kennedy
The ACLU this week mourns the passing of Sen. Edward Kennedy, a stalwart champion and defender of civil liberties with a record of public service marked by unending compassion and progress.
Sen. Kennedy often worked with the ACLU to defend the values and ideals inherent in the United States Constitution, fighting to ensure free speech, equality and justice for all people, particularly the disadvantaged. He consistently was the voice for the marginalized and fought in the Senate for those struggling to live free from discrimination throughout the country. Senator Kennedy’s leadership, courage, and compassion will echo throughout the halls of Congress for generations to come.
>> Learn more about Sen. Kennedy’s numerous legislative accomplishments.
Guantánamo Detainee Mohammed Jawad Returned Home To Afghanistan
ACLU client Mohammed Jawad was released from Guantánamo and returned to Afghanistan over the weekend, ending nearly seven years of illegal detention by the U.S. government.
In July, U.S. District Judge Ellen S. Huvelle granted Jawad's habeas corpus petition and ordered the Justice Department to release him, finding there was no credible evidence to continue holding him. Judge Huvelle had previously issued a ruling throwing out Jawad's supposed "confession" because it was the product of torture.
Two facts stood out with Jawad’s case. First, his age: he was a teenager, possibly as young as 12, when he was captured. And second, Jawad’s former lead military prosecutor, Lt. Col. Darrel Vandeveld, left the military commission in September 2008 because he did not believe he could ethically proceed with the case given Jawad's mistreatment and the lack of credible evidence against him.
"While Mr. Jawad's release is a long-awaited victory for the rule of law, there are many other detainees who are still being held illegally,” said Jonathan Hafetz, staff attorney with the ACLU National Security Project and one of Jawad's lawyers in his habeas corpus case. “We are hopeful that the government will act swiftly to close Guantánamo and handle all of the remaining detainees in a manner consistent with America's Constitution and its values. Any detainee suspected of a crime must be charged and tried in the federal courts, which are fully capable of handling terrorism cases. After so many years, the government should have reliable, untainted evidence against any suspect it believes is guilty. If not, it has no justification to continue imprisoning him."
>>Learn more about Jawad's case.
Surrendering Your Fourth Amendment Rights at the Border
On Thursday, the ACLU filed a lawsuit against U.S. Customs and Border Protection (CBP) demanding records about the CBP’s policy of searching travelers’ laptops without suspicion of wrongdoing.
The lawsuit was filed to enforce a Freedom of Information Act request filed in June requesting the criteria used for selecting passengers for suspicionless searches, the number of people who have been subject to the searches, the number of devices and documents retained and the reasons for their retention.
In the policy, the CBP asserts the right to read the information on travelers’ laptops "absent individualized suspicion," which means searching all files saved on laptops, including personal financial information, family photographs and lists of Web sites travelers have visited, without having any reason to believe a traveler has broken the law.
And after they’re done searching your laptop, they also reserve the right to search "documents, books, pamphlets and other printed material, as well as computers, disks, hard drives and other electronic or digital storage devices."
This policy includes everyone crossing the border, whether they’re U.S. citizens or not.
Stay tuned for developments in this effort. In the meantime, if your laptop or electronic device has been searched at the border, let us know about it by emailing legalintake@aclu.org.
Attorney General Holder Announces Appointment of Special Prosecutor to Investigate Torture
On Monday, the ACLU obtained the detailed official record of the CIA’s torture program.
>>Take action and learn more.
On Monday, Attorney General Eric Holder made the long-awaited announcement of the appointment of a special prosecutor to conduct a preliminary investigation into whether federal laws were violated during the interrogation of detainees in U.S. custody.
Attorney General Holder said his decision to appoint a special prosecutor was in part influenced by the contents of a CIA inspector general report made public the same day as part of an ACLU lawsuit. The IG report documents in disturbing detail the level of the torture committed and the extent to which laws were broken.
As anyone who has seen the details of this appalling report can tell you, this investigation is necessary and long overdue, and Attorney General Holder should be commended for taking this important first step. However, the very limited scope of the investigation he launched is nowhere near as thorough and broad as the torture investigation America really needs.
According to early reports, prosecutor John Durham’s mandate will be limited to roughly a dozen cases in which CIA interrogators and contractors may have violated U.S. torture laws and other statutes. Moreover, Durham will conduct a 'preliminary' investigation meant to determine whether a full investigation is appropriate.
In addition to the long-awaited IG report, the ACLU also received more than 60 documents, dating from 2002 through 2007, in response to two ACLU Freedom of Information Act lawsuits for documents related to the treatment of detainees in U.S. custody overseas. Included are memos, letters, and documents between the Justice Department’s Office of Legal Counsel (OLC) and the CIA about the torture and interrogation of detainees in U.S. custody.
Collectively, the OLC documents, along with the CIA Inspector General report, further underscore the need for a full investigation into the torture of prisoners and those who authorized it.
>>Take Action: Urge Attorney General Holder to conduct a thorough investigation of the Bush torture program.
>>Learn more about the documents released on Monday.
Rendition Program to Continue Under Obama’s Watch
On Monday, the Obama administration made the disappointing announcement that it would continue the Bush administration practice rendition -- the practice of kidnapping individuals suspected of terrorism and rendering them to other countries to be detained or interrogated -- but that it will monitor all cases to ensure that suspects are not mistreated.
As a party to the U.N. Convention Against Torture, the U.S. is under an absolute obligation not to commit torture or to facilitate its occurrence. By instituting a rendition program that relies on flimsy “diplomatic assurances,” the Obama administration is turning its back on U.S. obligations under the U.N. Convention.
The administration’s announcement forms part of the Justice Department’s new recommendations on the interrogation and transfer of individuals. The newly revamped rendition program would rely “on assurances from the receiving country” to prevent torture. These so-called “diplomatic assurances” -- written guarantees from the receiving state that a person would not be subject to torture -- are not a new concept. They were also employed by the Bush administration in the universally condemned “extraordinary rendition" program and proved singularly ineffective in preventing individuals from being tortured after transfer.
A rendition program with “diplomatic assurances” as its centerpiece will be ineffective at preventing torture. We urge the administration to uphold its absolute obligation to prevent torture. Any transfer it engages in must fully comply with domestic and international human rights law. Anything less will mark a return to the unlawful “extraordinary rendition” program.
>>Learn more about the ACLU’s work to end extraordinary rendition.
>>Learn more about the ACLU's work to defend human rights.
ACLU Mourns Senator Edward Kennedy
The ACLU this week mourns the passing of Sen. Edward Kennedy, a stalwart champion and defender of civil liberties with a record of public service marked by unending compassion and progress.
Sen. Kennedy often worked with the ACLU to defend the values and ideals inherent in the United States Constitution, fighting to ensure free speech, equality and justice for all people, particularly the disadvantaged. He consistently was the voice for the marginalized and fought in the Senate for those struggling to live free from discrimination throughout the country. Senator Kennedy’s leadership, courage, and compassion will echo throughout the halls of Congress for generations to come.
>> Learn more about Sen. Kennedy’s numerous legislative accomplishments.
Guantánamo Detainee Mohammed Jawad Returned Home To Afghanistan
ACLU client Mohammed Jawad was released from Guantánamo and returned to Afghanistan over the weekend, ending nearly seven years of illegal detention by the U.S. government.
In July, U.S. District Judge Ellen S. Huvelle granted Jawad's habeas corpus petition and ordered the Justice Department to release him, finding there was no credible evidence to continue holding him. Judge Huvelle had previously issued a ruling throwing out Jawad's supposed "confession" because it was the product of torture.
Two facts stood out with Jawad’s case. First, his age: he was a teenager, possibly as young as 12, when he was captured. And second, Jawad’s former lead military prosecutor, Lt. Col. Darrel Vandeveld, left the military commission in September 2008 because he did not believe he could ethically proceed with the case given Jawad's mistreatment and the lack of credible evidence against him.
"While Mr. Jawad's release is a long-awaited victory for the rule of law, there are many other detainees who are still being held illegally,” said Jonathan Hafetz, staff attorney with the ACLU National Security Project and one of Jawad's lawyers in his habeas corpus case. “We are hopeful that the government will act swiftly to close Guantánamo and handle all of the remaining detainees in a manner consistent with America's Constitution and its values. Any detainee suspected of a crime must be charged and tried in the federal courts, which are fully capable of handling terrorism cases. After so many years, the government should have reliable, untainted evidence against any suspect it believes is guilty. If not, it has no justification to continue imprisoning him."
>>Learn more about Jawad's case.
Surrendering Your Fourth Amendment Rights at the Border
On Thursday, the ACLU filed a lawsuit against U.S. Customs and Border Protection (CBP) demanding records about the CBP’s policy of searching travelers’ laptops without suspicion of wrongdoing.
The lawsuit was filed to enforce a Freedom of Information Act request filed in June requesting the criteria used for selecting passengers for suspicionless searches, the number of people who have been subject to the searches, the number of devices and documents retained and the reasons for their retention.
In the policy, the CBP asserts the right to read the information on travelers’ laptops "absent individualized suspicion," which means searching all files saved on laptops, including personal financial information, family photographs and lists of Web sites travelers have visited, without having any reason to believe a traveler has broken the law.
And after they’re done searching your laptop, they also reserve the right to search "documents, books, pamphlets and other printed material, as well as computers, disks, hard drives and other electronic or digital storage devices."
This policy includes everyone crossing the border, whether they’re U.S. citizens or not.
Stay tuned for developments in this effort. In the meantime, if your laptop or electronic device has been searched at the border, let us know about it by emailing legalintake@aclu.org.
Friday, August 28, 2009
News roundup: voting rights bill gathers momentum, update on DP registry challenge
A news round up from the week – good civil liberties articles and issues you don’t want to miss!
LGBT Rights
The Governor is hiring an outside council to represent the state in the challenge to the domestic partner registry. Lester Pines has represented the state before, most recently in the challenge against the Attorney General’s plan to make the Government Accountability Board purge the voter rolls before the 2008 elections.
Also, don’t get too confused as there is another challenge still pending. This one against the language of the ballot question itself. That hearing is set for November of this year.
Voting Rights
The ACLU of Wisconsin was a part of the hearings for AB 353, a bill that would restore voting rights to felons who are no longer incarcerated and are now living in our communities. The bill made the issues section of the Wisconsin State Journal and there was a supportive letter to the editor. The hearing got some media hits including on WPR headlines, a clip on the Wisconsin Radio Network site.
It’s difficult to find organizations that oppose this common sense voting rights measure. But the Attorney General made a statement against it. Read more about the issue and write your own letter to the editor of your local paper.
LGBT Rights
The Governor is hiring an outside council to represent the state in the challenge to the domestic partner registry. Lester Pines has represented the state before, most recently in the challenge against the Attorney General’s plan to make the Government Accountability Board purge the voter rolls before the 2008 elections.
Also, don’t get too confused as there is another challenge still pending. This one against the language of the ballot question itself. That hearing is set for November of this year.
Voting Rights
The ACLU of Wisconsin was a part of the hearings for AB 353, a bill that would restore voting rights to felons who are no longer incarcerated and are now living in our communities. The bill made the issues section of the Wisconsin State Journal and there was a supportive letter to the editor. The hearing got some media hits including on WPR headlines, a clip on the Wisconsin Radio Network site.
It’s difficult to find organizations that oppose this common sense voting rights measure. But the Attorney General made a statement against it. Read more about the issue and write your own letter to the editor of your local paper.
Friday, August 21, 2009
News roundup: tickets for cursing, public financing for judges, AG says no on DP benefits case and more
A news roundup from the week – good civil liberties articles and issues you don’t want to miss!
Free Speech
The Kenosha News picked up the story about a proposal to allow police to ticket the use of curse words against them.
And there was more coverage of the case of the man in Crivitz who flew his flag upside down. The flag pole got knocked down by angry residents. But then supporters helped to fix it. There was more coverage on NBC 15 and on WBAY-TV.
Fair Elections
The Impartial Justice bill got approval from the state Senate this week, making it one more step closer to becoming law. While public financing of campaigns is often controversial, the big money that influences state Supreme Court elections has made the past few competitive judicial seat races a cause for concern. If judges are to remain impartial, so should their sponsorship. See more about the issue on the Wisconsin Democracy Campaign website.
Lesbian and Gay Rights
Attorney General JB Van Hollen won’t represent the state in the Wisconsin Family Action challenge to the domestic partnership registry. This just means that the governor’s office will hire its own attorneys (special council). Probably will be pricey just to prove that a partnership registry with a handful of benefits isn’t anything even substantially similar to marriage.
Racial Disparity and Public Schools
Here’s a good article that explains “open enrollment” trends in Madison area schools. Open enrollment allows students to transfer to other schools if they are dissatisfied with their district. Civil rights advocates say that open enrollment leads to greater racial segregation and an erosion of Brown v. Board of Education. A quickly increasing number of students living in poverty is cited among violence and negative peer pressure as reasons to switch.
Event: Wisconsin Books to Prisoners Book Sale
Sat. Aug. 29th 12:00 Noon - 5:00 pm Orton Park Festival - near the corner of Rutledge and Few. Wisconsin Books To Prisoners Book Sale! Drop off your donated books and look over our fine collection of reading materials! All proceeds will go towards postage to send new books to those who are eager to read within the WI prison system. WI Books to Prisoners is a project of Rainbow Bookstore. For more details contact Rainbow Books (608) 257-6050.
Free Speech
The Kenosha News picked up the story about a proposal to allow police to ticket the use of curse words against them.
And there was more coverage of the case of the man in Crivitz who flew his flag upside down. The flag pole got knocked down by angry residents. But then supporters helped to fix it. There was more coverage on NBC 15 and on WBAY-TV.
Fair Elections
The Impartial Justice bill got approval from the state Senate this week, making it one more step closer to becoming law. While public financing of campaigns is often controversial, the big money that influences state Supreme Court elections has made the past few competitive judicial seat races a cause for concern. If judges are to remain impartial, so should their sponsorship. See more about the issue on the Wisconsin Democracy Campaign website.
Lesbian and Gay Rights
Attorney General JB Van Hollen won’t represent the state in the Wisconsin Family Action challenge to the domestic partnership registry. This just means that the governor’s office will hire its own attorneys (special council). Probably will be pricey just to prove that a partnership registry with a handful of benefits isn’t anything even substantially similar to marriage.
Racial Disparity and Public Schools
Here’s a good article that explains “open enrollment” trends in Madison area schools. Open enrollment allows students to transfer to other schools if they are dissatisfied with their district. Civil rights advocates say that open enrollment leads to greater racial segregation and an erosion of Brown v. Board of Education. A quickly increasing number of students living in poverty is cited among violence and negative peer pressure as reasons to switch.
Event: Wisconsin Books to Prisoners Book Sale
Sat. Aug. 29th 12:00 Noon - 5:00 pm Orton Park Festival - near the corner of Rutledge and Few. Wisconsin Books To Prisoners Book Sale! Drop off your donated books and look over our fine collection of reading materials! All proceeds will go towards postage to send new books to those who are eager to read within the WI prison system. WI Books to Prisoners is a project of Rainbow Bookstore. For more details contact Rainbow Books (608) 257-6050.
Friday, August 14, 2009
News roundup: ACLU weighs in on Tasers in Madison, returning prisoners and voting rights, upside-down flag case gets more press
Here’s a quick wrap-up of some civil liberties related news of the week…
Police Practices
ACLU of Wisconsin legal director quoted in Cap Times article on Taser use by Madison police.
Criminal Justice
Here’s a nice article in the Wisconsin State Journal about Madison-area support groups for returning prisoners. While we are working with a large coalition on important voting rights reform in Wisconsin, this is a good reminder about the barriers people face when trying to integrate back into society after incarceration.
Free Speech
We’re taking the case for the guy in Crivitz, WI who had his upside-down flag removed by police after community complaints. A Green Bay NBC-26 website shares some hostile emails between the DA and a constituent upset by the DA’s role in the flag issue. The news got a mention in On Milwaukee and on the TMJ-4 Milwaukee station website.
And the web is all atwitter about the Kenosha curse word issue. Did you catch our post earlier today? The news also gets attention on the Examiner Milwaukee blog. Share the Cap City Liberty blog post with your friends by clicking on the "share" button at the end of the section.
Police Practices
ACLU of Wisconsin legal director quoted in Cap Times article on Taser use by Madison police.
Criminal Justice
Here’s a nice article in the Wisconsin State Journal about Madison-area support groups for returning prisoners. While we are working with a large coalition on important voting rights reform in Wisconsin, this is a good reminder about the barriers people face when trying to integrate back into society after incarceration.
Free Speech
We’re taking the case for the guy in Crivitz, WI who had his upside-down flag removed by police after community complaints. A Green Bay NBC-26 website shares some hostile emails between the DA and a constituent upset by the DA’s role in the flag issue. The news got a mention in On Milwaukee and on the TMJ-4 Milwaukee station website.
And the web is all atwitter about the Kenosha curse word issue. Did you catch our post earlier today? The news also gets attention on the Examiner Milwaukee blog. Share the Cap City Liberty blog post with your friends by clicking on the "share" button at the end of the section.
Kenosha considering issuing tickets for curse words
The American Civil Liberties Union of Wisconsin is urging the Kenosha City Council to reject a patently unconstitutional ordinance proposal that would allow police to issue $118 tickets for the use of “profane, vile, filthy or obscene language” in the presence of a police officer or firefighter.
The City’s Public Safety and Welfare Committee approved the proposed modification of an already unconstitutional provision of the Kenosha disorderly conduct ordinance on Monday. The City Council will vote on the proposed ordinance on September 7, 2009.
Chris Ahmuty, the ACLU of Wisconsin’s executive director, said, “It is astonishing that Kenosha, after all the criticism of the arrest of Harvard Professor Henry Louis Gates for shouting at a police officer, would even consider enacting such an obviously unenforceable ordinance.”
“This ordinance is plainly unconstitutional,” said Larry Dupuis, the ACLU of Wisconsin’s legal director. “As far back as 1974, the Supreme Court struck down a nearly identical ordinance that made it illegal to ‘curse or revile or to use obscene or opprobrious language toward or with reference to any member of the city police.’"
In that case, called Lewis v. City of New Orleans, the Court said ‘the freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.’
"As long as a person is not interfering with the police carrying out their duties," said Dupuis, "the rule for officers should be the same rule we all learned in preschool: ‘sticks and stones can break my bones, but names can never hurt me.’”
Simply, the government cannot prohibit the use of public profanity. In Cohen v. California in 1971, the Supreme Court overturned a disorderly conduct conviction of a man who wore a t-shirt that read "Fuck the Draft" in a courthouse. But even beyond passive but profane t-shirt protests, police can already address disorderly conduct, disturbing the peace with municipal noise ordinances, even inciting riots.
"In America, we don't have 'speech police' deciding what language is appropriate," said Dupuis.
Dupuis also pointed out that the Court in Cohen said, ‘[O]ne man’s vulgarity is another man’s lyric.’ After the chairperson of the committee told the Kenosha News that the proposed ordinance would allow the police to arrest someone for ‘being a knob,’ some people consider the word ‘knob’ (a slang term for penis) to be ‘vile, filthy and obscene.’ The chairperson probably wouldn't like to spend time in the Kenosha jail for using that term.
The ACLU further urges the Council to take the opportunity presented by the proposed amendment to repeal the existing, but seldom-enforced, provision of the ordinance which forbids the use of “profane, vile, filthy or obscene language in any public place within the hearing of other persons.”
Read the full Kenosha News story with quotes from local alders and a robust comments section with many pro-free speech posts. There is also a Fox 6 story with video. This issue even made UPI's "odd news" section.
The City’s Public Safety and Welfare Committee approved the proposed modification of an already unconstitutional provision of the Kenosha disorderly conduct ordinance on Monday. The City Council will vote on the proposed ordinance on September 7, 2009.
Chris Ahmuty, the ACLU of Wisconsin’s executive director, said, “It is astonishing that Kenosha, after all the criticism of the arrest of Harvard Professor Henry Louis Gates for shouting at a police officer, would even consider enacting such an obviously unenforceable ordinance.”
“This ordinance is plainly unconstitutional,” said Larry Dupuis, the ACLU of Wisconsin’s legal director. “As far back as 1974, the Supreme Court struck down a nearly identical ordinance that made it illegal to ‘curse or revile or to use obscene or opprobrious language toward or with reference to any member of the city police.’"
In that case, called Lewis v. City of New Orleans, the Court said ‘the freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.’
"As long as a person is not interfering with the police carrying out their duties," said Dupuis, "the rule for officers should be the same rule we all learned in preschool: ‘sticks and stones can break my bones, but names can never hurt me.’”
Simply, the government cannot prohibit the use of public profanity. In Cohen v. California in 1971, the Supreme Court overturned a disorderly conduct conviction of a man who wore a t-shirt that read "Fuck the Draft" in a courthouse. But even beyond passive but profane t-shirt protests, police can already address disorderly conduct, disturbing the peace with municipal noise ordinances, even inciting riots.
"In America, we don't have 'speech police' deciding what language is appropriate," said Dupuis.
Dupuis also pointed out that the Court in Cohen said, ‘[O]ne man’s vulgarity is another man’s lyric.’ After the chairperson of the committee told the Kenosha News that the proposed ordinance would allow the police to arrest someone for ‘being a knob,’ some people consider the word ‘knob’ (a slang term for penis) to be ‘vile, filthy and obscene.’ The chairperson probably wouldn't like to spend time in the Kenosha jail for using that term.
The ACLU further urges the Council to take the opportunity presented by the proposed amendment to repeal the existing, but seldom-enforced, provision of the ordinance which forbids the use of “profane, vile, filthy or obscene language in any public place within the hearing of other persons.”
Read the full Kenosha News story with quotes from local alders and a robust comments section with many pro-free speech posts. There is also a Fox 6 story with video. This issue even made UPI's "odd news" section.
Friday, August 7, 2009
Crivitz Police Violated Free Speech Rights and Unconstitutionally Seized Veteran’s Flag On the Fourth of July
The ACLU of Wisconsin Stands Up for the Right to Fly Flag Upside Down
The American Civil Liberties Union of Wisconsin Foundation announced today that it will represent Vito J. Congine, Jr., the owner of a supper club, in his dispute with the Crivitz police department over the department’s seizure of his American flag on the Fourth of July.
AP Photo/Susan Willems
According to a press release by the Board of Trustees of the Village of Crivitz defending the department’s actions, police officers setting up for the Fourth of July parade received “numerous complaints” about Mr. Congine’s flag, which was flying upside down. Mr. Congine was flying the flag upside down to protest the Village’s denial of a liquor license for his supper club after he believed he had the go ahead and had spent significant money on renovations. According to police, some of the parade-goers threatened “property damage and bodily harm to the property owner,” who was not present at the time. Rather than protect Mr. Congine’s First Amendment right to express disagreement with his local government and defend his property from would-be vandals, the police, at the direction of the Marinette County District Attorney, instead trespassed on Mr. Congine’s property and confiscated his flag.
“I have a right, like every person in this country, to express myself, especially on my own private property,” said Mr. Congine, an Iraq veteran. “I was shocked that the police would go onto my land without my permission and take my property because some people didn’t like how I was expressing myself.”
“Nothing could be more natural for free Americans than to protest when they believe that officials have treated them unfairly,” said Chris Ahmuty, executive director of the ACLU of Wisconsin. “That’s exactly what Mr. Congine was doing when he was flying his flag upside down. The U.S. flag is a symbol that belongs to all Americans, who frequently use it during demonstrations, marches and other forms of protected free speech. It is the government’s responsibility to protect such expression, not to enforce a ‘heckler’s veto’ when people get upset about free speech.”
Larry Dupuis, the ACLU of Wisconsin’s legal director, added, “Crivitz should spend its time and resources protecting Mr. Congine from the criminals who continue to threaten his property, not making excuses for its un-American tactics on the Fourth of July.”
More on this story can be found at the Green Bay Press Gazette (including an editorial against the criminal damage to Congine's property), WFRV-TV's story with video about Congine's response to harassment, and a WLUK-TV video on community protest and support.
The American Civil Liberties Union of Wisconsin Foundation announced today that it will represent Vito J. Congine, Jr., the owner of a supper club, in his dispute with the Crivitz police department over the department’s seizure of his American flag on the Fourth of July.
According to a press release by the Board of Trustees of the Village of Crivitz defending the department’s actions, police officers setting up for the Fourth of July parade received “numerous complaints” about Mr. Congine’s flag, which was flying upside down. Mr. Congine was flying the flag upside down to protest the Village’s denial of a liquor license for his supper club after he believed he had the go ahead and had spent significant money on renovations. According to police, some of the parade-goers threatened “property damage and bodily harm to the property owner,” who was not present at the time. Rather than protect Mr. Congine’s First Amendment right to express disagreement with his local government and defend his property from would-be vandals, the police, at the direction of the Marinette County District Attorney, instead trespassed on Mr. Congine’s property and confiscated his flag.
“I have a right, like every person in this country, to express myself, especially on my own private property,” said Mr. Congine, an Iraq veteran. “I was shocked that the police would go onto my land without my permission and take my property because some people didn’t like how I was expressing myself.”
“Nothing could be more natural for free Americans than to protest when they believe that officials have treated them unfairly,” said Chris Ahmuty, executive director of the ACLU of Wisconsin. “That’s exactly what Mr. Congine was doing when he was flying his flag upside down. The U.S. flag is a symbol that belongs to all Americans, who frequently use it during demonstrations, marches and other forms of protected free speech. It is the government’s responsibility to protect such expression, not to enforce a ‘heckler’s veto’ when people get upset about free speech.”
Larry Dupuis, the ACLU of Wisconsin’s legal director, added, “Crivitz should spend its time and resources protecting Mr. Congine from the criminals who continue to threaten his property, not making excuses for its un-American tactics on the Fourth of July.”
More on this story can be found at the Green Bay Press Gazette (including an editorial against the criminal damage to Congine's property), WFRV-TV's story with video about Congine's response to harassment, and a WLUK-TV video on community protest and support.
Subscribe to:
Posts (Atom)
