{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","id":"eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","description":"ACLU.org","link":"https://www.aclu.org/","public":true,"username":null,"feed_directory_url":"https://pine.blog/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","payments":null,"contact":null,"supports_webmentions":false,"type":"blog","image":null,"special_source":null,"approximate_update_frequency":{"name":"most_weekdays","description":"Most Weekdays"},"total_recommendations":2,"recommended":false,"hostname":"www.aclu.org","tags":[{"url":"https://pine.blog/api/tags/politics","slug":"politics","name":"Politics"}],"feeds":[{"id":"947aae30-d4a4-4407-a4ef-5707fa8c38a2","url":"https://pine.blog/api/feeds/947aae30-d4a4-4407-a4ef-5707fa8c38a2","default":false,"taxonomy":"unknown","feed_url":"https://www.aclu.org/taxonomy/term/1/feed","title":"American Civil Liberties Union","type":"rss","special_source":null,"approximate_update_frequency":{"name":"constantly","description":"Constantly"}},{"id":"feaf1603-e062-41df-8b73-4696b0c7d53c","url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"taxonomy":"unknown","feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","type":"rss","special_source":null,"approximate_update_frequency":{"name":"most_weekdays","description":"Most Weekdays"}}],"default_feed":{"id":"feaf1603-e062-41df-8b73-4696b0c7d53c","url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"taxonomy":"unknown","feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","type":"rss","special_source":null,"approximate_update_frequency":{"name":"most_weekdays","description":"Most Weekdays"},"posts":[{"url":"https://pine.blog/api/posts/3fcb9dc8-1efc-42e1-aa46-d0ad74c681f1","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"3fcb9dc8-1efc-42e1-aa46-d0ad74c681f1","external_link":null,"title":"How We're Fighting for Gender Equity Nationwide","content":"Across the country, our affiliates are challenging discriminatory policies and practices that disproportionately affect women, and particularly women of color. From housing discrimination in Illinois, to inhumane treatment of incarcerated pregnant individuals in North Carolina, and discriminatory dress codes in Texas schools, the ACLU and its affiliates are at the forefront of legal and advocacy efforts that promote gender equality and justice for all.\nHere are three ways our affiliates are stepping up:\n\t\n\t\t\t\t\t\n\t\t\n\t\t\t\t\tIllinois: Challenging Discriminatory Housing Policies\n\t\t\n\t\t\t\n The ACLU of Illinois recently joined with national and local advocates, including the ACLU’s Women’s Rights Project, to challenge the “No-Evictions” policies of two large landlords — Hunter Properties and Oak Park Apartments — in Cook County, Illinois. These policies automatically reject rental housing applicants who have had any prior connection to an eviction case. The effect is to shut out families from housing opportunities, even when the eviction case was dismissed or filed years ago. Such policies have a discriminatory effect on Black renters, and especially Black women. Analysis of data from the Cook County Sheriff’s Office found that Black women accounted for approximately 33 percent of those served with an eviction case or evicted, despite making up just 22 percent of all renters in Cook County. Black renters in general faced nearly triple the likelihood of experiencing an eviction case than non-Black renters.\nThe lawsuit filed against Hunter Properties, and the civil rights complaint filed with the U.S. Department of Housing and Urban Development against Oak Park Apartments, argue their respective “No-Evictions” policies have a disparate impact on Black renters, especially Black women renters, that violate the 1968 Fair Housing Act. The complaint against Oak Park Apartments also asserts that its policy perpetuates and reinforces residential segregation in violation of the Fair Housing Act. The two filings are among the first in the nation to challenge landlords’ eviction screening policies as discriminatory.\n\t\n\t\t\t\t\t\n\t\t\n\t\t\t\t\tNorth Carolina: Challenging Inhumane Practices for Incarcerated Women\n\t\t\n\t\t\t\n In 2021, the North Carolina General Assembly finally passed a statewide law banning correctional officers, sheriffs, and other prison staff from shackling incarcerated people during critical periods of their pregnancy and postpartum journey. The law, HB 608, also known as Dignity for Women Who are Incarcerated, came after years of advocacy by the ACLU of North Carolina and several other partner organizations, including Planned Parenthood South Atlantic and SisterSong.\nA pivotal factor in the bill’s passage was an OB-GYN’s moving account of delivering a baby to a shackled woman in custody. Labor and childbirth are already intense and vulnerable experiences, and the use of restraints can exacerbate the physical and emotional pain of the mother. This story deeply resonated, even with resistant sheriffs, ultimately propelling the legislation forward.\nDespite the passage of this legislation, challenges persist. Recent revelations suggest some North Carolina prisons and jails have not been in compliance with the law. Undeterred, the ACLU of North Carolina is initiating a comprehensive awareness and compliance campaign, and will be filing public record requests with the jails in all 100 counties in North Carolina, coordinating legal education seminars for the criminal defense bar and developing content on the importance of reproductive justice and the need to uphold the rights of incarcerated individuals. With these efforts, the ACLU-NC aims to ensure adherence to the law and foster a deeper appreciation for upholding the dignity of pregnant people in prison and jails.\n\t\n\t\t\t\t\t\n\t\t\n\t\t\t\t\tTexas: Challenging Discriminatory Dress Codes in Schools\n\t\t\n\t\t\t\n More than half of Texas public K-12 school districts still have discriminatory dress codes and grooming policies. The ACLU of Texas has uncovered alarming disparities in school dress codes, revealing a trend of discrimination against students based on gender, race and ethnicity, LGBTQ identity, religion, disability, and socioeconomic background. The ACLU of Texas recently published a new report that reviews policies from 97 percent of Texas school districts and highlights pervasive inequalities within them.\nSome of the survey’s major findings include:\n\nMore than 80 percent of districts enforce vague and subjective hair standards, which could lead to disproportionately penalizing Black students.\n53 percent of districts uphold dress codes rooted in outdated gender norms, such as boys-only hair length policies and girls-only sleeve length policies.\nMore than 80 percent of districts prohibit head coverings without explicitly noting or explaining the religious exemptions mandated by law, harming students of diverse faith backgrounds.\nNearly 80 percent of districts penalize students for wearing worn or improperly sized clothing, disproportionately impacting economically disadvantaged students.\n\nIn light of these disparities, the ACLU of Texas is taking action to challenge discriminatory dress codes and foster inclusive classroom environments. They’re sending the report to every district in the state to equip students, families, educators, and policymakers with knowledge that can help identify the harms of — and solutions to — discriminatory dress code policies. The report provides advocacy tools for community members and a roadmap for school districts, outlining recommendations like removing discriminatory dress code language, establishing fair enforcement practices, and providing clear and specific dress code guidelines. The ACLU of Texas is actively working in the courts and communities to push for more inclusive dress codes.\n\n \n \n \n \n \n \n \n Share Your Story: Texas School Dress Codes \n \n \n \n \n \n \n \n \n Source: American Civil Liberties Union\n \n \n \n If you’ve faced or witnessed dress code discrimination, you can share your experience to continue this advocacy.\nNo student should ever be punished for being who they are. Instead of discriminating against young people, we should be preparing them for their futures.","short_content":"Across the country, our affiliates are challenging discriminatory policies and practices that disproportionately affect women, and particularly women of color. From housing discrimination in Illinois, to inhumane treatment of incarcerated pregnant individuals in North Carolina, a...","content_html":"
Across the country, our affiliates are challenging discriminatory policies and practices that disproportionately affect women, and particularly women of color. From housing discrimination in Illinois, to inhumane treatment of incarcerated pregnant individuals in North Carolina, and discriminatory dress codes in Texas schools, the ACLU and its affiliates are at the forefront of legal and advocacy efforts that promote gender equality and justice for all.
\nHere are three ways our affiliates are stepping up:
\n\t\n\t\t\t\t\tThe ACLU of Illinois recently joined with national and local advocates, including the ACLU’s Women’s Rights Project, to challenge the “No-Evictions” policies of two large landlords — Hunter Properties and Oak Park Apartments — in Cook County, Illinois. These policies automatically reject rental housing applicants who have had any prior connection to an eviction case. The effect is to shut out families from housing opportunities, even when the eviction case was dismissed or filed years ago. Such policies have a discriminatory effect on Black renters, and especially Black women. Analysis of data from the Cook County Sheriff’s Office found that Black women accounted for approximately 33 percent of those served with an eviction case or evicted, despite making up just 22 percent of all renters in Cook County. Black renters in general faced nearly triple the likelihood of experiencing an eviction case than non-Black renters.
\nThe lawsuit filed against Hunter Properties, and the civil rights complaint filed with the U.S. Department of Housing and Urban Development against Oak Park Apartments, argue their respective “No-Evictions” policies have a disparate impact on Black renters, especially Black women renters, that violate the 1968 Fair Housing Act. The complaint against Oak Park Apartments also asserts that its policy perpetuates and reinforces residential segregation in violation of the Fair Housing Act. The two filings are among the first in the nation to challenge landlords’ eviction screening policies as discriminatory.
\n\t\n\t\t\t\t\tIn 2021, the North Carolina General Assembly finally passed a statewide law banning correctional officers, sheriffs, and other prison staff from shackling incarcerated people during critical periods of their pregnancy and postpartum journey. The law, HB 608, also known as Dignity for Women Who are Incarcerated, came after years of advocacy by the ACLU of North Carolina and several other partner organizations, including Planned Parenthood South Atlantic and SisterSong.
\nA pivotal factor in the bill’s passage was an OB-GYN’s moving account of delivering a baby to a shackled woman in custody. Labor and childbirth are already intense and vulnerable experiences, and the use of restraints can exacerbate the physical and emotional pain of the mother. This story deeply resonated, even with resistant sheriffs, ultimately propelling the legislation forward.
\nDespite the passage of this legislation, challenges persist. Recent revelations suggest some North Carolina prisons and jails have not been in compliance with the law. Undeterred, the ACLU of North Carolina is initiating a comprehensive awareness and compliance campaign, and will be filing public record requests with the jails in all 100 counties in North Carolina, coordinating legal education seminars for the criminal defense bar and developing content on the importance of reproductive justice and the need to uphold the rights of incarcerated individuals. With these efforts, the ACLU-NC aims to ensure adherence to the law and foster a deeper appreciation for upholding the dignity of pregnant people in prison and jails.
\n\t\n\t\t\t\t\tMore than half of Texas public K-12 school districts still have discriminatory dress codes and grooming policies. The ACLU of Texas has uncovered alarming disparities in school dress codes, revealing a trend of discrimination against students based on gender, race and ethnicity, LGBTQ identity, religion, disability, and socioeconomic background. The ACLU of Texas recently published a new report that reviews policies from 97 percent of Texas school districts and highlights pervasive inequalities within them.
\nSome of the survey’s major findings include:
\nIn light of these disparities, the ACLU of Texas is taking action to challenge discriminatory dress codes and foster inclusive classroom environments. They’re sending the report to every district in the state to equip students, families, educators, and policymakers with knowledge that can help identify the harms of — and solutions to — discriminatory dress code policies. The report provides advocacy tools for community members and a roadmap for school districts, outlining recommendations like removing discriminatory dress code language, establishing fair enforcement practices, and providing clear and specific dress code guidelines. The ACLU of Texas is actively working in the courts and communities to push for more inclusive dress codes.
\n\n \n \n \n \n \n \n \n Share Your Story: Texas School Dress Codes \n \n \n \n \n \n \n \n \nSource: American Civil Liberties Union
\n \n \n \nIf you’ve faced or witnessed dress code discrimination, you can share your experience to continue this advocacy.
\nNo student should ever be punished for being who they are. Instead of discriminating against young people, we should be preparing them for their futures.
Across the country, our affiliates are challenging discriminatory policies and practices that disproportionately affect women, and particularly women of color. From housing discrimination in Illinois, to inhumane treatment of incarcerated pregnant individuals in North Carolina, a...
State legislation is crucially connected to our civil liberties, and can either expand our rights or chip away at them. These bills touch nearly every aspect of our lives. From Roe v. Wade and the Dobbs case that overturned the right to an abortion, to Loving v. Virginia, which struck down laws banning interracial marriage, and Obergefell v. Hodges, which recognized marriage equality across the country — many Supreme Court cases that address all of our civil rights come from laws that were passed in state legislatures.
\nWith an increasingly conservative Supreme Court and federal court system, as well as a Congress whose members are constantly in gridlock, state legislatures offer a more accessible way to enact meaningful change. State lawmakers are easier to contact regarding policies that should be passed, and also frequently go on to run for federal office, or become governors. What’s more, state actions can lead to national impact if many similar policies are passed around the country, signaling national trends.
\nWith many state legislative sessions currently underway, learn more about this important political process, how it affects your rights, and how to get involved.
\n\t\n\t\t\t\t\tEach state has its own legislative body in which lawmakers work together to pass policies — just like Congress does at the federal level. Every state except for Nebraska has a legislature composed of two chambers, or a bicameral legislature — which must work together to get a majority of favorable votes and pass bills in both chambers. While the exact names and powers of these entities depend on the specific states, once a bill is passed, it will be sent to the governor to be signed into law or may face a veto.
\nMost state legislatures are made up of lawmakers who meet to pass laws during legislative sessions each year. If circumstances arise that require lawmakers to address legislation outside of these regular sessions, a special session can be called. There are also several states with full-time legislatures whose lawmakers meet year-round. Lawmakers often engage in this work part time, and are often not adequately paid.
\n\t\n\t\t\t\t\tThe length and timing of state legislative sessions differ from state to state. Some legislatures are in session for many months, while others only take a few. The sessions that aren’t full time usually take place in the first half of the year, traditionally beginning in January.
\n\t\n\t\t\t\t\tThe laws that are passed during state legislative sessions run the gamut and can affect a number of constituents’ rights, including reproductive freedom, voting protections, access to gender-affirming care, and others. But this influence goes both ways. Presumably, the prospective laws should reflect the majority opinions of individuals in the state, with lawmakers acting as advocates for these interests. Many bills and policies that make it to state legislatures are promoted by advocacy organizations or interest groups who work with lawmakers to get them passed. The ACLU is among these entities, and is the only organization focusing on civil rights and civil liberties that has an office with staff in every state, working with local policymakers.
\n\t\n\t\t\t\t\tThere are many decisions happening in states around the country that put our rights in the balance. Without the federal protections from Roe v. Wade, many lawmakers are attacking abortion rights at the state level. There has also been a surge of state laws introduced that block trans youth from receiving gender-affirming care, censor student free speech, and suppress people’s voting powers.
\n\n \n \n \n \n \n \n \n The Importance of Defending the Free Speech Rights of Pro-Palestinian Students in Florida \n \n \n \nExplore the critical case that could shape the future of public students’ right to free speech and free association on campus.
\n \n \n \n \nSource: American Civil Liberties Union
\n \n \n \nBut the ACLU will never stop fighting for your rights. We have taken on countless state-level legal battles to protect people’s liberties — and have seen many victories along the way.
\n\t\n\t\t\t\t\tThe ACLU always encourages our community to play a hands-on role in the fight for our freedoms. Across the country, we implement strategies that empower voters around the country to stay informed about local races and elect candidates whose interests align with theirs. We’re also mapping state-level attacks on LGBTQ rights so you can keep track of your own area’s legislation — and fight back accordingly.
\n\n \n \n \n \n \n \n \n Mapping Attacks on LGBTQ Rights in U.S. State Legislatures in 2024 \n \n \n \nSource: American Civil Liberties Union
\n \n \n \nSupporters can get in touch with the ACLU affiliate offices in their state to learn about local issues they are taking action on. Many affiliate websites offer primers on state legislatures. Our grassroots effort People Power also allows volunteers to engage with state-level actions in their area.
\nTo learn about your state’s legislature, identify the lawmakers who represent you and what their stances are on the issues you care about most. State lawmakers and governors will usually highlight the issues they care about, and the legislative work they’ve done, wherever they are able. With most state legislative sessions underway right now, you can also keep track of policies that are being voted on. This will let you know your legislature’s priorities and if your lawmakers are fulfilling their campaign promises to constituents. Remember, the key players involved in the legislative process are voted into office by you. You have the power in numbers to elect or replace representatives based on whether they are advocating for your interests.
State legislation is crucially connected to our civil liberties, and can either expand our rights or chip away at them. These bills touch nearly every aspect of our lives. From Roe v. Wade and the Dobbs case that overturned the right to an abortion, to Loving v. Virginia, which s...
\nFor more than 100 years the American Civil Liberties Union has defended the right to free speech – no matter the speaker, and regardless of whether we agree with their views.
\nThe defense and protection of free speech and expression span many forms and issues at the ACLU. In the last year alone, it has included efforts to actively oppose book bans; represent educators fighting classroom censorship aimed at suppressing important race perspectives; defend protesters responding to police shootings or overseas wars; protect the ability of Indigenous students to wear tribal regalia at their graduation ceremonies; and fight against retaliatory arrests for protected speech.
\nWhile the faces of the free speech movement continue to change, the significance of defending free speech remains unchanged. This work lies at the heart of the ACLU’s core principles and values.
\n\t\n\t\t\t\t\tOn March 18, the ACLU appeared before the U.S. Supreme Court to argue another free speech case of great significance. In this case, the ACLU represented the National Rifle Association (NRA) against government overreach and censorship. Some may have wondered why the ACLU was representing the NRA, since the ACLU clearly opposes the NRA on gun control and the role of firearms in society. In fact, we abhor many of the group’s goals, strategies, and tactics. So, the reality that we have joined forces, notwithstanding those disagreements, reflects the importance of the First Amendment principles at stake in this case.
\nThe ACLU made the decision to represent the NRA in this case because we are deeply concerned that if regulators can threaten the NRA for their political views in New York state, they can come after the ACLU and allied organizations in places where our agendas are unpopular.
\n\n \n \n \n \n \n \n \n National Rifle Association v. Vullo \n \n \n \nOn January 9th, 2024, the American Civil Liberties Union filed its opening brief on behalf of the National Rifle Association (NRA) in National...
\n \n \n \n \nSource: American Civil Liberties Union
\n \n \n \nIf reelected, President Trump has already promised to use the power of the government to go after his political adversaries. In a second Trump administration, opposition from the ACLU and its allied organizations will be top of mind for political leaders who may seek to go after their rivals the way New York targeted the NRA. The principal issue at stake in this case is one in which the ACLU deeply believes: preventing government blacklists of advocacy groups. Indeed, the timing couldn’t be better for drawing a bright line that would help bind a future Trump administration and other government officials who misuse their power.
\nIn this case, the ACLU argues that Maria Vullo, New York’s former chief financial regulator, threatened to use her regulatory power over banks and insurance companies to coerce them into denying basic financial services to the NRA and, in Vullo’s own words, “other gun promotion” groups. The ACLU argues that coercing private parties to blacklist the NRA because of its advocacy violates the First Amendment, just as punishing the group directly for its “gun promotion” views would. And if New York can do this to the NRA, Texas or Florida could use the same tactics against groups advocating immigrants’ rights or the right to abortion.
\nThe NRA has a right, like all other advocacy organizations, to pursue their mission free from reprisals by government officials who disagree with its political viewpoint. The government should not be able to evade the Constitution by doing indirectly what it plainly cannot do directly. History has, consistently, underscored the importance of this protection.
\nNevertheless, we’ve faced criticism of our representation of the NRA on the theory that even if the NRA wins in this Supreme Court case, officials will still try to stifle the speech of people on the left, and courts will side with them. These critics are correct in one sense — those in power have an unfortunate tendency to try to stifle the speech of those with whom they disagree, and we will certainly continue to bring new cases to stop them. But the critics are wrong about the impact of the precedents we win, especially at the Supreme Court. People of every ideological stripe benefit with every decision vindicating the right to freedom of speech.
\n\t\n\t\t\t\t\tWhen we defend clients with positions with which we disagree, or even abhor, it’s because we are defending values crucial to the work of civil rights advocates in the past and present. These values include doctrines that protect our rights — at the local, state, and federal level — to join economic boycotts, hold protests, and publicly dissent. In fact, a significant amount of the ACLU’s modern day First Amendment advocacy work is predicated on principles stemming from landmark civil rights legal victories of the 1960s and 70s.
\nTake one of our most controversial cases, which is also one of the most important cases in the entire First Amendment canon — our defense of the Ku Klux Klan. In 1969, Klan member Clarence Brandenburg addressed a rally held in Ohio where he called for “revenge” against the government and Black individuals. He was convicted of violating the state’s Criminal Syndicalism law, which prohibited speech that “advocate[d] … the duty, necessity, or propriety of crime, sabotage, or unlawful methods of terrorism as a means of accomplishing industrial or political reform.”
\n\n \n \n \n \n \n \n \n Defending Speech We Hate \n \n \n \nThe record demonstrates the ACLU’s unwavering commitment to First Amendment rights for all.
\n \n \n \n \nSource: American Civil Liberties Union
\n \n \n \nThe ACLU represented Brandenburg at the Supreme Court, which reversed his conviction. The court ruled that Brandenburg’s speech was protected by the First Amendment, and that the government can make it a crime to advocate illegal conduct only “where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”
\nBrandenburg’s speech was reprehensible. But in preserving his First Amendment rights, the ACLU helped establish critical protection for all dissidents’ and activists’ speech. Before Brandenburg, governments had regularly charged their critics with advocating illegal activity. The Brandenburg precedent has been used to defend all kinds of political speech; indeed, today the ACLU is applying the decision in a Supreme Court case defending civil rights activist DeRay Mckesson, who took part in a Black Lives Matter protest in Louisiana.
\nSimply put, the right to speak freely applies to everyone. Otherwise, any elected official would be able to decide whose speech is acceptable, “safe,” or politically palatable. That is why we defend speech we hate. It’s why in 1978 the ACLU represented a neo-Nazi group that sought to demonstrate in Skokie, a Chicago suburb with a substantial Jewish population, including many survivors of the Holocaust. Notwithstanding the odious views of the protesters, we believed that once government officials are empowered to block demonstrations because they disagree with their message, the right to protest would be illusory. The Supreme Court agreed, and that decision ensures that city, state, and federal officials cannot suppress protests because they disapprove of their message.
\nThe power to censor the neo-Nazis would have opened the door to censoring any protester, including civil rights activists or anti-war protesters. The ACLU’s position in this case was famously controversial and Aryeh Neier, the ACLU’s executive director in the 70s and a Jewish refugee from Nazi Germany, withstood withering criticism. But it was the right thing to do.
\n\t\n\t\t\t\t\tThe ACLU knew in the past, as we recognize now, that if the First Amendment protected only popular ideas, it would serve little purpose. If we do not take a principled stand on behalf of those with whom we disagree, we weaken our case the next time we defend those fighting for the values we share. At our core, the ACLU believes that rights and liberties are universal and “indivisible” – meaning they attach to all people, not just our friends.
\nOur mandate to advance all rights and liberties for all people was forged more than 100 years ago when we combatted political repression against dissidents, immigrants, workers, and other so-called radicals. Over the years the ACLU has defended the free speech rights of countless individuals and groups with which we disagree. We defended their speech rights — despite our disagreements — because we believe in free speech, and because we realize that once you chip away at one person’s rights, everyone’s rights are at risk.
\nDefending speech we hate is admittedly a controversial part of our mandate. Some of our allies and supporters don’t always agree with this stance. In fact, there are even some ACLU staff, leaders, and volunteers who believe that defending speech we hate does more harm than good. Some believe we shouldn’t use our limited resources defending individuals and causes with whom we disagree. Reasonable people can — and always will — disagree on the ACLU’s stance, including our own staff. Yet this is what we have done for over a century and, as the ACLU’s executive director, I respectfully believe it’s the right thing to do — for free speech and for the ACLU.
\nOurs is an organization that increasingly reflects all of America. We celebrate our growing diversity, just as we embrace the dissent and debate that attend it. Our commitment to free speech extends to dissent within our ranks. Dissent and debate are healthy for society — and for a civil liberties organization. This principle has long been the lifeblood of the ACLU. And it is that commitment that underlies our defense of the NRA’s free speech rights at the Supreme Court.
For more than 100 years the American Civil Liberties Union has defended the right to free speech – no matter the speaker, and regardless of whether we agree with their views.
\nThe defense and protection of free speech and expression span many forms and issues at the ACLU. In the la...
As a Black transgender woman and a former sex worker, it’s not unusual for me to face harassment and profiling from police. Regardless of whether we’re engaged in sex work or not, police frequently target transgender women like myself for searches and arrest, using anything from condoms to cash as “proof” we were engaged in sex work. For those who actually do engage in sex work, the criminalization of that livelihood raises the stakes of police encounters, and laws that criminalize our HIV status even more so.
\nIn 2010, I was arrested in Memphis, Tennessee, and charged under the state’s aggravated prostitution statute, a law that raises sex work from a misdemeanor to a felony strictly on the basis of my HIV diagnosis. The law, passed in a wave of fear and panic following the height of the AIDS epidemic in 1991, doesn’t require transmission of HIV, or even an act that could possibly transmit HIV, for prosecution. It applies to everyone living with HIV, regardless of whether they are taking precautions to ensure there is no possibility of transmission or if they have disclosed their status. It targets someone like me solely on the basis of my HIV status – a protected disability under the Americans with Disabilities Act – even though there are lots of ways people living with HIV can have safe sex.
\nMost alarmingly, the law requires me, and anyone else convicted under it, to register a “violent sex offender” for the rest of my life, even though I have committed no such violent act and only engaged in consensual sexual activity between adults. This unfair registration requirement has denied me housing opportunities, leading me to be homeless for more than a year, with no access to shelters or support programs. It shut down job opportunities and has made it difficult to maintain a living. In fact, just 23 percent of people charged under Tennessee’s law are employed in traditional wage work after their conviction.
\nEven though my conviction had nothing to do with children, I cannot legally be alone with my nephew, whom I love. I’m afraid to have children of my own for fear of how my registration would impact them and my ability to parent them. This needless shame and embarrassment has been made worse by the public status of my registration, giving strangers the ability to harass, or even blackmail, me.
\nWhen I first pleaded guilty to my charges, I was not informed of any of the specifics about registration. I was not informed my registration would be for the rest of my life – despite the fact that I haven’t hurt a living soul. Tennessee’s law is a relic from a time before treatments such as antiretroviral therapy (ART) and pre-exposure prophylaxis (PrEP), which can reduce viral loads to undetectable levels, blocking the possibility of transmission of HIV. I had no idea such a law was even still on the books.Many other states have repealed their HIV criminalization laws because of opposition by advocates and medical experts alike.Studies consistently show the laws don’t work to reduce HIV transmission, but rather interfere with people’s willingness to get tested, which is the most effective way to reduce transmission.
\nIn October 2023, the ACLU, the ACLU of Tennessee, and the Transgender Law Center filed a lawsuit to challenge Tennessee’s aggravated prostitution law on the basis that it discriminates against people living with HIV, like me, in violation of the Americans with Disabilities Act. I joined this lawsuit because this law has had such a detrimental impact on me and my life. No one should be forced to endure what I have endured.
As a Black transgender woman and a former sex worker, it’s not unusual for me to face harassment and profiling from police. Regardless of whether we’re engaged in sex work or not, police frequently target transgender women like myself for searches and arrest, using anything from.
A 2023 Texas law allowing public schools to hire chaplains, or accept them as volunteers, to provide student support services has inspired more states to consider copycat legislation. In March 2024, the Florida Legislature passed a school chaplain bill, which now awaits the governor’s signature. Similar bills have been introduced in 13 other states: Alabama, Georgia, Indiana, Iowa, Kansas, Louisiana, Maryland, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, and Utah.
\nMost of the proposed legislation authorizing school chaplains would allow chaplains to take on sensitive and critical responsibilities, such as counseling students, without the same qualifications as school counselors or other student support staff.
\nThe ACLU, along with faith groups and other civil rights organizations, has vigorously opposed these efforts. Allowing chaplains in public schools violates students’ and families’ right to religious freedom. And, because chaplains are typically not trained or certified to provide educational or counseling services to youth, students are likely to receive inadequate mental health support that, in some cases, may be harmful.
\n\t\n\t\t\n\t\t\t\t\tAllowing public schools to establish paid or voluntary positions for chaplains will inevitably lead to evangelizing and religious coercion of students. This violates the First Amendment’s Establishment Clause, which, along with the Free Exercise Clause of the First Amendment, safeguards the constitutional right to religious liberty. Courts have repeatedly ruled that it is unconstitutional for public schools to invite religious leaders to engage in religious activities with students or to promote religious doctrine to them.
\n\n \n \n \n \n \n \n \n A Religious Public Charter School in Oklahoma? Not on Our Watch. \n \n \n \nA charter school approved by state officials would unlawfully discriminate and teach a religious curriculum. We’re suing.
\n \n \n \n \nSource: American Civil Liberties Union
\n \n \n \nChaplains are trained to provide spiritual guidance. They do not have the experience necessary to ensure that they adhere to public schools’ educational mandates and avoid veering into impermissible religious counseling and promotion of religion. In fact, many of the bills proposed across the country specifically state that school chaplains do not need the same qualifications or certifications as school counselors or staff who provide other support services for students. Exempting chaplains from the same professional requirements as other school staff makes clear that installing them in public schools is not about helping students, but is yet another effort to subject children to unconstitutional government sponsored religious indoctrination.
\n\t\n\t\t\n\t\t\t\t\tAuthorizing untrained and uncertified chaplains to engage in the same duties as school counselors will result in inadequate mental health support for students. In some cases, chaplains may provide inappropriate responses or interventions that could gravely harm students, including those experiencing mental health crises, LGBTQ students, and other vulnerable individuals. When a student seeks mental health care at school, that care should be provided by a qualified professional.
\n\t\n\t\t\n\t\t\t\t\tSchool chaplain bills usurp the role of religious communities. Chaplains themselves have opposed these bills, arguing that they would “misuse the authority of chaplains of any religion” and “cause division among student bodies” that include students of myriad faiths as well as non-religious students.
\nThese bills also undermine the fundamental promise of our public education system: Public schools must serve all students equally. The ACLU, together with faith groups, civil rights organizations, and chaplains nationwide, is pushing back against these unconstitutional efforts to impose religion on public school students. To ensure that our public schools remain safe and welcoming for everyone, state lawmakers and school boards must do the same.
A 2023 Texas law allowing public schools to hire chaplains, or accept them as volunteers, to provide student support services has inspired more states to consider copycat legislation. In March 2024, the Florida Legislature passed a school chaplain bill, which now awaits the gover...
Can a bakery that objects to marriage equality refuse to sell a cake to a gay couple for their wedding? This question, or some variant thereof, has occupied courts even before marriages for same-sex couples were legally recognized. In June 2023, in 303 Creative v. Elenis, the Supreme Court addressed this question in a case asking whether a wedding website design business could refuse to design websites for weddings of same-sex couples. The court ruled for the business. But properly understood, the decision does not license discrimination; it merely recognizes that where a business will not provide a particular product or service to anyone, it has the right to refuse it to a gay couple. That exception should not apply to most applications of anti-discrimination laws, which require only equal treatment, and do not require businesses to provide any particular service or product. As I explain in more detail in this Yale Law Journal article and as we argue in this model brief, 303 Creative does not create a First Amendment right to discriminate.
\n \n \nCan a bakery that objects to marriage equality refuse to sell a cake to a gay couple for their wedding?
\n \n \n \nUnder Colorado’s public accommodations law, businesses that choose to serve the public at large cannot turn people away because of their race, sex, religion, sexual orientation or other protected characteristics. 303 Creative claimed that because its service is expressive and its owner objects to same-sex marriage, it can’t be required to provide website design services for same-sex weddings.
\nIn a 6-3 decision, the court ruled for the business, concluding that Colorado’s application of its public accommodations law violated the designer’s First Amendment rights. In our view, the decision was wrong. We submitted a friend-of-the-court brief arguing that the Constitution did not give the business a right to refuse to comply with Colorado’s anti-discrimination law. But it’s important to understand the limits of the decision.
\nThe case was brought by 303 Creative, a website design business, and its owner, Lorie Smith. Smith argued that Colorado’s law violated her First Amendment rights by compelling her, if she opened a wedding website design business, to serve both gay and heterosexual couples seeking to marry. The business had never actually designed a wedding website. Still, Smith brought the case before doing so, arguing that she was deterred from pursuing the business out of fear that Colorado’s public accommodations law would require her to create websites celebrating marriages that she opposed.
\n \n \nIn a 6-3 decision, the court ruled for the business, concluding that Colorado’s application of its public accommodations law violated the designer’s First Amendment rights. In our view, the decision was wrong.
\n \n \n \nBecause the case was brought before any actual application of the law, it was unclear what the designer would or wouldn’t do, or how the law would apply to her. As a result, the court’s opinions treat the case as if it presented two very different questions.
\nAccording to the majority opinion, the case involved a business owner unwilling to design for anyone a website whose content contravened her beliefs by expressly celebrating marriages of same-sex couples. It did not involve a business that refused services to customers based on their sexual orientation. Rather, Smith objected to the content of the message the state was compelling, not the identity of the customers. And equally significantly, the majority viewed Colorado’s purpose in applying its public accommodations law in such circumstances—where the business did not object to the identity of the customers but to the message requested—to be in suppressing disfavored ideas about marriage and compelling expression of the state’s favored viewpoint. In this particular application, the majority concluded, the business objected only to the message, and the state sought to enforce the law to compel a message–not to prohibit discriminatory sales on the basis of identity.
\n\n \n \n \n \n \n \n \n ACLU Files Amicus Brief Urging Supreme Court to Reject Attempt to Weaken Civil Rights Law \n \n \n \n \n \n \n \n \nSource: American Civil Liberties Union
\n \n \n \nThe dissenting opinions saw the case entirely differently. It viewed it as involving a website designer who objected to making any wedding website for a same-sex couple, regardless of its content. In its view, 303 Creative would refuse to make a website for a same-sex couple even if the website was identical to that of a different-sex couple. In its view, then, the designer sought a right to discriminate not based on the content of any particular message, but based on the customer’s sexual orientation. It correctly argued that the law has long been settled that the First Amendment does not permit businesses, even those whose services are expressive, to discriminate based on identity.
\nIn essence, the majority and the dissent decided different cases. Indeed, when the dissent accused the majority of permitting businesses to discriminate on the basis of identity, the majority strongly rejected that conclusion, saying “We do no such thing.”
\nOne way of understanding the difference is to imagine two paradigm cases. A t-shirt manufacturer that objects to making a t-shirt that says “Support Gay Marriage” has the right to refuse to make that t-shirt for a gay customer where his objection is to the message, not the identity of the customer. If the t-shirt manufacturer would not make a shirt with those words for anyone, it need not make one for a particular customer because they are gay. But at the same time, the t-shirt manufacturer could not refuse to sell a shirt saying “Love Marriage” to a customer because he was gay or sought to wear it to celebrate his marriage. If the business sells such shirts to others, it has to sell it to all. Nor could the t-shirt designer put up a sign saying “We Don’t Serve Gays.” In short, the decision permits a denial of service based on the message requested, but not based on who the product is for.
\nUnderstood in this light, the decision should have minimal impact on the enforcement of public accommodations and anti-discrimination laws. It recognizes a right to refuse service only where a business objects to expressing a particular message for anyone, not where it objects to serving certain customers because of their identity.
\nBecause that is not the situation in the vast majority of instances in which antidiscrimination laws are applied, the decision leaves standing what the court previously described as the “general rule”—namely, that religious and philosophical objections “do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.”
\nIn short, the decision in 303 Creative does not mean that a caterer, florist, or baker can refuse to provide food, flowers, or a cake for a wedding merely because the participants are of the same sex and the vendor objects to the implicit message providing those services sends. Instead, it is only when a public accommodations law compels speech that a business owner objects to providing for anyone—and does so in order to excise disfavored ideas, that it violates the First Amendment.
Can a bakery that objects to marriage equality refuse to sell a cake to a gay couple for their wedding? This question, or some variant thereof, has occupied courts even before marriages for same-sex couples were legally recognized. In June 2023, in 303 Creative v. Elenis, the Sup...
\n \n \npTechnology is a necessity of modern life. People of all ages rely on it for everything from accessing information and connecting with others, to paying for goods, using transportation, getting work done, and speaking out about issues of the day. Without adequate privacy protections, technology can be co-opted to surveil us online and intrude on our private lives–not only by the government, but also by businesses–with grave consequences for our rights./p\npThere is sometimes a misconception that shielding our personal information from this kind of misuse will violate the First Amendment rights of corporations who stand to profit from collecting, analyzing, and sharing that information. But we don’t have to sacrifice robust privacy protection to uphold anyone’s right to free speech. In fact, when done right, strong privacy protections reinforce speech rights. They create spaces where people have the confidence to exercise their First Amendment rights to candidly communicate with friends, seek out advice and community, indulge curiosity, and anonymously speak or access information./p\npAt the same time, simply calling something a “privacy law” doesn’t make it so. Take the California Age Appropriate Design Code Act (CAADCA), a law currently under review by the Ninth Circuit in iNetChoice v. Bonta/i. As the ACLU and the ACLU of Northern California argued in a a href=https://www.aclu.org/cases/netchoice-llc-v-bonta?document=Amici-Curiae-Brief-of-the-ACLU-%26-ACLU-of-Northern-Californiafriend-of-the-court brief/a, this law improperly included content restrictions on online speech and is unconstitutional. Laws can and should be crafted to protect both privacy and free speech rights. It is critical that legislatures and courts get the balance right when it comes to a law that implicates our ability to control our personal information and to speak and access content online./p\npConsumer privacy matters. With disturbing frequency, businesses use technology to siphon hordes of personal information from us – learning things about our health, our family situation, our financial status, our location, our age, and even our beliefs. Not only can they paint intimate portraits of our lives but, armed with this information, they can raise or lower prices depending on our demographics, make discriminatory predictions about a href=https://www.wired.com/story/argentina-algorithms-pregnancy-prediction/health outcomes/a, improperly deny a href=https://www.hud.gov/sites/dfiles/Main/documents/HUD_v_Facebook.pdfhousing/a or a href=https://www.cnn.com/2023/06/12/tech/facebook-job-ads-gender-discrimination-asequals-intl-cmd/index.htmljobs/a, a href=https://www.propublica.org/article/health-insurers-are-vacuuming-up-details-about-you-and-it-could-raise-your-rateshike insurance rates/a, and flood people of color and low-income people with a href=https://www.nytimes.com/2011/09/08/opinion/fair-lending-and-accountability.htmlads for predatory loans/a./p\npAll this nefarious behavior holds serious consequences for our financial stability, our health, our quality of life, and our civil rights, including our First Amendment rights. Better consumer privacy gives advocates, activists, whistleblowers, dissidents, authors, artists, and others the confidence to speak out. Only when people are free from the fear that what they’re doing online is being monitored and shared can they feel free to enjoy the full extent of their rights to read, investigate, discuss, and be inspired by whatever they want./p\npYet in recent years, tech companies have argued that consumer privacy protections limit their i /iFirst Amendment rights to collect, use, and share people’s personal information. These arguments are often faulty. Just because someone buys a product or signs up for a service, that doesn’t give the company providing that good or service the First Amendment right to share or use the personal information they collect from that person however they want./p\npTo the contrary, laws that require data minimization and high privacy settings by default are good policy and can easily pass First Amendment muster. Arguments to the contrary not only misunderstand the First Amendment; they’d actually weaken its protections./p\npLaws that suppress protected speech in order to stop children from accessing certain types of content generally often hurt speech and privacy rights for all. That’s why First Amendment challenges to laws a href=https://www.aclu.org/news/free-speech/arkansas-wants-to-unconstitutionally-card-people-before-they-use-social-mediathat limit what we can see online/a typically succeed. The Supreme Court has made it clear time and again that the government cannot regulate speech solely to stop children from seeing ideas or images that a legislative body believes to be unsuitable. Nor can it limit adults’ access to speech in the name of shielding children from certain content./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/free-speech/arkansas-wants-to-unconstitutionally-card-people-before-they-use-social-media\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/03/493ead8cd079d73577ec75d5436e8b10.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/493ead8cd079d73577ec75d5436e8b10.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/03/493ead8cd079d73577ec75d5436e8b10-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/493ead8cd079d73577ec75d5436e8b10-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/493ead8cd079d73577ec75d5436e8b10-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/493ead8cd079d73577ec75d5436e8b10-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/493ead8cd079d73577ec75d5436e8b10-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/free-speech/arkansas-wants-to-unconstitutionally-card-people-before-they-use-social-media\n target=_blank\n \n Arkansas Wants to Unconstitutionally “Card” People Before They Use Social Media /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/free-speech/arkansas-wants-to-unconstitutionally-card-people-before-they-use-social-media\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletThe state’s Social Media Safety Act stifles freedom of expression online and violates the First Amendment./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/free-speech/arkansas-wants-to-unconstitutionally-card-people-before-they-use-social-media\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pThe CAADCA is unconstitutional for these reasons, despite the legislature’s understandable concerns about the privacy, wellbeing, and safety of children. The law was drafted so broadly that it actually would have hurt children. It could have prevented young people and adults from accessing things like online mental health resources; support communities related to school shootings and suicide prevention; and reporting about war, the climate crisis, and gun violence. It also could interfere with students#8217; attempts to express political or religious speech, or provide and receive personal messages about deaths in the family, rejection from a college, or a breakup. Paradoxically, the law exposes everyone’s information to greater privacy concerns by encouraging companies to gather and analyze user data for age estimation purposes./p\npWhile we believe that the CAADCA burdens free speech and should be struck down, it is important that the court not issue a ruling that forecloses a path that other privacy laws could take to protect privacy without violating the First Amendment. We need privacy and free speech, too, especially in the digital age./p
","short_content_html":"pTechnology is a necessity of modern life. People of all ages rely on it for everything from accessing information and connecting with others, to paying for goods, using transportation, getting work done, and speaking out about issues of the day. Without adequate privacy protecti...
","date_published":"2024-03-11T21:04:31Z","date_modified":null,"date_collected":"2024-03-12T20:24:07.964250Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/privacy-technology/how-to-protect-consumer-privacy-and-free-speech","tags":["Consumer Online Privacy","Consumer Privacy","Internet Privacy","Privacy Technology"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/63feea84-5775-4f33-97ce-17ddf8a356ff","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"63feea84-5775-4f33-97ce-17ddf8a356ff","external_link":null,"title":"Breaking the Mold: Gender Discrimination in the Airline Industry","content":"pAs a child in New Jersey, I grew up hearing stories of my mother’s flight attendant days in South Korea. A few stuck out to me even at a young age – such as hearing she needed to maintain a certain weight to get into the flight attendant program and that she had to quit her job once she got married. I couldn’t understand why my mother had to quit her dream job, the job that allowed her to travel to Hawaii and Paris, the two places she had always wanted to go since she was little, just because she got married. My mother also told me how women either lied about being married to keep their jobs or were pressured to quit by their superiors if they were public about their marital status or were pregnant. Although airlines across the world have since rolled back official policies restricting marital status and pregnancy for flight attendants in response to federal civil rights laws, many still perpetuate gender discrimination through dress code restrictions and limitations on lactating./p\npUnfortunately, what my mother faced as a female flight attendant was common across the globe. The role of women in the airline industry has long been limited to societal constructs of what it means to be “feminine.” Women flight attendants have been hypersexualized through revealing uniforms and advertisements, such as an a href=https://www.jezebel.com/how-flight-attendants-organized-against-their-bosses-to-1830282960infamous ad campaign/a run by a now discontinued airline in which a flight attendant states, “I’m Cheryl; Fly me.” To maintain this public perception of flight attendants as sexually and romantically available, airlines imposed informal and formal restrictions on the height, weight, and age of flight attendants as public imaging and marketing tools. In the 1950s, airlines began to institute mandatory retirement ages for flight attendants, 35 and older, to further reinforce their image of a desirable woman. Flight attendants were fired for getting married or becoming pregnant until the 1970’s./p\npNowadays, we see this sexualization in current “female” flight attendant uniform policies – skirt, high heels, tight clothing, low-cut blouses – which are indicative of the longstanding stereotypes of what it means to be a “woman” in the airline industry. Restrictive uniform and grooming policies that reinforce stereotypical categories of “male” or “female” harm people of all genders, particularly women and nonbinary people. This was the case in a href=https://www.aclu.org/cases/wetherell-v-alaska-airlinesiWetherell v. Alaska Airlines/i/a, in which a a href=https://www.aclu.org/news/lgbtq-rights/gendered-dress-codes-hurt-everyone-especially-non-binary-people-like-menonbinary flight attendant/a was required to adhere to an inflexible uniform policy that forced them to conform to rigid gender stereotypes. In May 2023, the ACLU, the ACLU of Washington, and the Washington State Attorney General’s Office secured a a href=https://www.aclu.org/press-releases/groundbreaking-consent-decree-requires-alaska-airlines-to-change-discriminatory-gendered-uniform-policyconsent decree/a against Alaska Airlines, requiring the removal of all gendered restrictions from its uniform policy for flight attendants and additional training on gender identity and gender expression./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/cases/wetherell-v-alaska-airlines\n target=_blank\n tabindex=-1\n \n img width=700 height=350 src=https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d.jpg 700w, https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d-400x200.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d-600x300.jpg 600w sizes=(max-width: 700px) 100vw, 700px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/cases/wetherell-v-alaska-airlines\n target=_blank\n \n Wetherell v. Alaska Airlines /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/cases/wetherell-v-alaska-airlines\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletThe ACLU and partners represented Justin Wetherell, a flight-attendant and flight-attendant instructor based in Seattle./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/cases/wetherell-v-alaska-airlines\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pDress code restrictions aren’t the only gender discrimination issue that airlines need to work on. New parents in the airline industry need to be able to pump breast milk aboard aircraft during noncritical flight phases. Lactation accommodations are now the norm in many places thanks to landmark legislation including the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act of 2022. The PUMP Act guarantees the right to pump at work and provides federal labor protection for new parents in most industries who want to pump milk during their workday without fear of being fired by their employer. But the PUMP Act excluded flight crews, and as a result, airlines have dragged their feet at implementing basic accommodations, forcing their employees to delay pumping due to their flight schedules, resulting in pain, discomfort, and infections, or to stop breastfeeding earlier than they intended./p\npWe have fought to ensure pregnant flight attendants have the right to pump at work. In partnership with the ACLU of Colorado and other organizations, we secured two settlements agreements on behalf of Frontier a href=https://www.aclu.org/press-releases/settlement-reached-frontier-airlines-pregnancy-and-lactation-discrimination-lawsuitflight attendants/a and a href=https://www.aclu.org/press-releases/pilots-reach-settlement-with-frontier-airlines-over-lactation-and-pregnancy-policiespilots/a who had previously been denied pregnancy and breastfeeding accommodations by Frontier. As a result of the settlement, Frontier made important policy changes addressing pregnancy and lactation accommodations on the ground and during flights, including a policy change allowing flight crew to pump breast milk while in the air./p\npNow that Frontier is leading the way, other airlines should follow suit. That’s why we a href=https://www.aclu.org/documents/letter-to-airlines-breastfeeding-accommodations-for-flight-crewsent a letter/a to 28 airlines urging them to adopt policies expressly permitting flight crews to pump breast milk aboard an aircraft./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/documents/letter-to-airlines-breastfeeding-accommodations-for-flight-crew\n target=_blank\n tabindex=-1\n \n /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/documents/letter-to-airlines-breastfeeding-accommodations-for-flight-crew\n target=_blank\n \n Letter to Airlines: Breastfeeding Accommodations for Flight Crew /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/documents/letter-to-airlines-breastfeeding-accommodations-for-flight-crew\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pFor those airlines that don’t follow in Frontier’s footsteps, we need the AIR PUMP Act to expand PUMP’s critical protection to flight crews, making clear that all airlines must provide employees who are lactating with the basic accommodations they need, such as pumping during non-critical phases of the flight. But in the meanwhile, we’re very glad to know that there’s currently a bipartisan effort, in both the House and Senate, to require the Administrator of the Federal Aviation Authority to give written guidance to air carriers so that flight crew members will be able to pump without being penalized./p\npNo working mother should be forced to choose between their job or nursing their child. We applaud Congress for passing the a href=https://www.aclu.org/documents/pump-nursing-mothers-act-explainerPUMP for Nursing Mothers Act,/a and now it’s time to finish the job and stand by working parents in the airline industry./p","short_content":"pAs a child in New Jersey, I grew up hearing stories of my mother’s flight attendant days in South Korea. A few stuck out to me even at a young age – such as hearing she needed to maintain a certain weight to get into the flight attendant program and that she had to quit her job.","content_html":"pAs a child in New Jersey, I grew up hearing stories of my mother’s flight attendant days in South Korea. A few stuck out to me even at a young age – such as hearing she needed to maintain a certain weight to get into the flight attendant program and that she had to quit her job once she got married. I couldn’t understand why my mother had to quit her dream job, the job that allowed her to travel to Hawaii and Paris, the two places she had always wanted to go since she was little, just because she got married. My mother also told me how women either lied about being married to keep their jobs or were pressured to quit by their superiors if they were public about their marital status or were pregnant. Although airlines across the world have since rolled back official policies restricting marital status and pregnancy for flight attendants in response to federal civil rights laws, many still perpetuate gender discrimination through dress code restrictions and limitations on lactating./p\npUnfortunately, what my mother faced as a female flight attendant was common across the globe. The role of women in the airline industry has long been limited to societal constructs of what it means to be “feminine.” Women flight attendants have been hypersexualized through revealing uniforms and advertisements, such as an a href=https://www.jezebel.com/how-flight-attendants-organized-against-their-bosses-to-1830282960infamous ad campaign/a run by a now discontinued airline in which a flight attendant states, “I’m Cheryl; Fly me.” To maintain this public perception of flight attendants as sexually and romantically available, airlines imposed informal and formal restrictions on the height, weight, and age of flight attendants as public imaging and marketing tools. In the 1950s, airlines began to institute mandatory retirement ages for flight attendants, 35 and older, to further reinforce their image of a desirable woman. Flight attendants were fired for getting married or becoming pregnant until the 1970’s./p\npNowadays, we see this sexualization in current “female” flight attendant uniform policies – skirt, high heels, tight clothing, low-cut blouses – which are indicative of the longstanding stereotypes of what it means to be a “woman” in the airline industry. Restrictive uniform and grooming policies that reinforce stereotypical categories of “male” or “female” harm people of all genders, particularly women and nonbinary people. This was the case in a href=https://www.aclu.org/cases/wetherell-v-alaska-airlinesiWetherell v. Alaska Airlines/i/a, in which a a href=https://www.aclu.org/news/lgbtq-rights/gendered-dress-codes-hurt-everyone-especially-non-binary-people-like-menonbinary flight attendant/a was required to adhere to an inflexible uniform policy that forced them to conform to rigid gender stereotypes. In May 2023, the ACLU, the ACLU of Washington, and the Washington State Attorney General’s Office secured a a href=https://www.aclu.org/press-releases/groundbreaking-consent-decree-requires-alaska-airlines-to-change-discriminatory-gendered-uniform-policyconsent decree/a against Alaska Airlines, requiring the removal of all gendered restrictions from its uniform policy for flight attendants and additional training on gender identity and gender expression./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/cases/wetherell-v-alaska-airlines\n target=_blank\n tabindex=-1\n \n img width=700 height=350 src=https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d.jpg 700w, https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d-400x200.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d-600x300.jpg 600w sizes=(max-width: 700px) 100vw, 700px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/cases/wetherell-v-alaska-airlines\n target=_blank\n \n Wetherell v. Alaska Airlines /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/cases/wetherell-v-alaska-airlines\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletThe ACLU and partners represented Justin Wetherell, a flight-attendant and flight-attendant instructor based in Seattle./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/cases/wetherell-v-alaska-airlines\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pDress code restrictions aren’t the only gender discrimination issue that airlines need to work on. New parents in the airline industry need to be able to pump breast milk aboard aircraft during noncritical flight phases. Lactation accommodations are now the norm in many places thanks to landmark legislation including the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act of 2022. The PUMP Act guarantees the right to pump at work and provides federal labor protection for new parents in most industries who want to pump milk during their workday without fear of being fired by their employer. But the PUMP Act excluded flight crews, and as a result, airlines have dragged their feet at implementing basic accommodations, forcing their employees to delay pumping due to their flight schedules, resulting in pain, discomfort, and infections, or to stop breastfeeding earlier than they intended./p\npWe have fought to ensure pregnant flight attendants have the right to pump at work. In partnership with the ACLU of Colorado and other organizations, we secured two settlements agreements on behalf of Frontier a href=https://www.aclu.org/press-releases/settlement-reached-frontier-airlines-pregnancy-and-lactation-discrimination-lawsuitflight attendants/a and a href=https://www.aclu.org/press-releases/pilots-reach-settlement-with-frontier-airlines-over-lactation-and-pregnancy-policiespilots/a who had previously been denied pregnancy and breastfeeding accommodations by Frontier. As a result of the settlement, Frontier made important policy changes addressing pregnancy and lactation accommodations on the ground and during flights, including a policy change allowing flight crew to pump breast milk while in the air./p\npNow that Frontier is leading the way, other airlines should follow suit. That’s why we a href=https://www.aclu.org/documents/letter-to-airlines-breastfeeding-accommodations-for-flight-crewsent a letter/a to 28 airlines urging them to adopt policies expressly permitting flight crews to pump breast milk aboard an aircraft./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/documents/letter-to-airlines-breastfeeding-accommodations-for-flight-crew\n target=_blank\n tabindex=-1\n \n /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/documents/letter-to-airlines-breastfeeding-accommodations-for-flight-crew\n target=_blank\n \n Letter to Airlines: Breastfeeding Accommodations for Flight Crew /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/documents/letter-to-airlines-breastfeeding-accommodations-for-flight-crew\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pFor those airlines that don’t follow in Frontier’s footsteps, we need the AIR PUMP Act to expand PUMP’s critical protection to flight crews, making clear that all airlines must provide employees who are lactating with the basic accommodations they need, such as pumping during non-critical phases of the flight. But in the meanwhile, we’re very glad to know that there’s currently a bipartisan effort, in both the House and Senate, to require the Administrator of the Federal Aviation Authority to give written guidance to air carriers so that flight crew members will be able to pump without being penalized./p\npNo working mother should be forced to choose between their job or nursing their child. We applaud Congress for passing the a href=https://www.aclu.org/documents/pump-nursing-mothers-act-explainerPUMP for Nursing Mothers Act,/a and now it’s time to finish the job and stand by working parents in the airline industry./p
","short_content_html":"pAs a child in New Jersey, I grew up hearing stories of my mother’s flight attendant days in South Korea. A few stuck out to me even at a young age – such as hearing she needed to maintain a certain weight to get into the flight attendant program and that she had to quit her job.
","date_published":"2024-03-08T17:27:45Z","date_modified":null,"date_collected":"2024-03-09T14:11:33.358152Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/womens-rights/breaking-the-mold-gender-discrimination-in-the-airline-industry","tags":["Women's Rights","Women's Rights in the Workplace"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/b1882cf2-6900-40a1-9313-cf05e466fd7f","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"b1882cf2-6900-40a1-9313-cf05e466fd7f","external_link":null,"title":"Supreme Court Signals that Institutions Can Keep Designing Programs to Foster Diversity, After Affirmative Action Ruling","content":"pSince the Supreme Court struck down longstanding affirmative action admissions policies this past summer in iSFFA v. Harvard/UNC/i, institutions from a variety of sectors have grappled with how to stay true to their commitments to equal opportunity in light of the court’s ruling. But this week, the Supreme Court did something noteworthy: it refused to hear a challenge to a high school admissions policy designed to eliminate unfair barriers for students of color. In doing so, the justices sent a signal that institutions can continue to find innovative ways to ensure equal opportunity for all within the parameters of their relatively narrow decision on affirmative action./p\npThe admissions policy at issue in iCoalition for TJ v. Fairfax County School Board, /iis just that — a thoughtful approach to ensuring that highly qualified students from all backgrounds have a fair shot at getting into Thomas Jefferson High School (TJ), the top public high school in Virginia. Recognizing the importance of a diverse student body, TJ removed arbitrary and unfair barriers to eligible Black, Latine and lower-income students of all races and ethnicities. Instead of relying only on standardized tests, which can exclude well-qualified candidates of color, the new process considers a broad range of factors, including performance on a problem-solving essay. The school also adopted a percentage plan that guarantees seats to the most competitive candidates from all eligible middle schools — not just select “feeder” schools in wealthy neighborhoods. By declining to take up the case, the Supreme Court has effectively let this policy stand./p\npAnd earlier this month, the court reinforced that its decision in iSFFA/i was a narrow one, allowing West Point and the U.S. Naval Academy to continue their race-based affirmative action programs, while challenges proceed in the lower courts. Although the court did not explore the constitutionality of these programs, by declining to hear these challenges, it is leaving the door open for institutions to design creative solutions for expanding opportunity and fostering diversity./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e.jpg 1200w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings\n target=_blank\n \n Moving Beyond the Supreme Court’s Affirmative Action Rulings /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletThe work to ensure educational opportunities for people of color continues, despite the court’s decision./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pThis mission is more critical now than ever. Discrimination and deep-seated racial inequities that so many educational institutions, businesses, and other entities are working to address remain critical challenges. Since the 1990s, public education in the U.S. has grown a href=https://www.aclu.org/documents/amici-curiae-of-the-aclu-aclu-va-in-coalition-for-t-j-v-fairfax-county-school-boardsignificantly imore /i/asegregated by race. Black and Brown students are more likely to attend schools that are doubly segregated: racially isolated and with fewer resources but higher needs. In the employment sector, Black workers face persistent gaps in promotion, pay, and a href=https://www.cnbc.com/2024/02/15/racial-wage-gap-starts-as-early-as-16-heres-why.htmlopportunity/a. The a href=https://www.nytimes.com/2021/06/28/business/economy/black-workers-racial-pay-gap.htmlBlack-white wage gap/a was larger in a href=https://www.nytimes.com/2021/06/28/business/economy/black-workers-racial-pay-gap.html2020 than it was in 1970./a Black, Latina, and Native women make less than 65 cents for every dollar earned by a white man, a differential that adds up to a href=https://nwlc.org/wp-content/uploads/2021/03/EPD-2021-v1.pdfnearly a million dollars lost/a over the course of a woman’s career./p\npThis reality was not lost on the Supreme Court. Even in its decision to strike down Harvard and UNC’s affirmative action policies, the court reaffirmed that the pursuit of diversity is a “a href=https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdfcommendable goals/a”. In his concurrence, Justice Brett Kavanaugh stressed that schools “can, of course, act to undo the effects of past discrimination in many permissible ways.”/p\npThat said, under the new legal landscape we face, opening the doors of opportunity will require careful construction, clarity of conviction, and steadfast commitment in the face of a well-resourced movement against progress. In designing programs to foster principles of fairness and equality, institutions need to be mindful that courts will pay more exacting scrutiny to programs that consider an individual’s race. Further, institutions need to be prepared to face highly organized attacks, including “warning” letters and legal challenges blatantly distorting the state of the law. These attacks have created a culture of fear and legal uncertainty specifically intended to coerce institutions into abandoning their commitments to equal opportunity — in some cases, successfully./p\npWe cannot let this happen. Proactive efforts to ensure full and equal opportunity are more, not less, urgent in light of the Supreme Court’s decision. Institutions should examine their admissions, scholarship and fellowship programs, as well as recruitment and hiring practices, to ensure that they expand pipelines of opportunity for all. Schools, businesses, and others must not shy away from their DEI efforts, offices, and trainings, but instead should double down on the many lawful and effective approaches that remain. Schools and workplaces should take steps to foster a climate in which people of all races and ethnicities belong and can meet their full potential. And institutions must still comply with anti-discrimination laws, including those that prohibit unnecessary barriers to opportunity for people based on race or ethnicity. As the values of diversity and equal opportunity are themselves under attack, we must continue to push even harder for progress. It is not only the right thing to do, but what the law both permits and requires./p","short_content":"pSince the Supreme Court struck down longstanding affirmative action admissions policies this past summer in iSFFA v. Harvard/UNC/i, institutions from a variety of sectors have grappled with how to stay true to their commitments to equal opportunity in light of the court’s ruling...","content_html":"pSince the Supreme Court struck down longstanding affirmative action admissions policies this past summer in iSFFA v. Harvard/UNC/i, institutions from a variety of sectors have grappled with how to stay true to their commitments to equal opportunity in light of the court’s ruling. But this week, the Supreme Court did something noteworthy: it refused to hear a challenge to a high school admissions policy designed to eliminate unfair barriers for students of color. In doing so, the justices sent a signal that institutions can continue to find innovative ways to ensure equal opportunity for all within the parameters of their relatively narrow decision on affirmative action./p\npThe admissions policy at issue in iCoalition for TJ v. Fairfax County School Board, /iis just that — a thoughtful approach to ensuring that highly qualified students from all backgrounds have a fair shot at getting into Thomas Jefferson High School (TJ), the top public high school in Virginia. Recognizing the importance of a diverse student body, TJ removed arbitrary and unfair barriers to eligible Black, Latine and lower-income students of all races and ethnicities. Instead of relying only on standardized tests, which can exclude well-qualified candidates of color, the new process considers a broad range of factors, including performance on a problem-solving essay. The school also adopted a percentage plan that guarantees seats to the most competitive candidates from all eligible middle schools — not just select “feeder” schools in wealthy neighborhoods. By declining to take up the case, the Supreme Court has effectively let this policy stand./p\npAnd earlier this month, the court reinforced that its decision in iSFFA/i was a narrow one, allowing West Point and the U.S. Naval Academy to continue their race-based affirmative action programs, while challenges proceed in the lower courts. Although the court did not explore the constitutionality of these programs, by declining to hear these challenges, it is leaving the door open for institutions to design creative solutions for expanding opportunity and fostering diversity./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e.jpg 1200w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings\n target=_blank\n \n Moving Beyond the Supreme Court’s Affirmative Action Rulings /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletThe work to ensure educational opportunities for people of color continues, despite the court’s decision./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pThis mission is more critical now than ever. Discrimination and deep-seated racial inequities that so many educational institutions, businesses, and other entities are working to address remain critical challenges. Since the 1990s, public education in the U.S. has grown a href=https://www.aclu.org/documents/amici-curiae-of-the-aclu-aclu-va-in-coalition-for-t-j-v-fairfax-county-school-boardsignificantly imore /i/asegregated by race. Black and Brown students are more likely to attend schools that are doubly segregated: racially isolated and with fewer resources but higher needs. In the employment sector, Black workers face persistent gaps in promotion, pay, and a href=https://www.cnbc.com/2024/02/15/racial-wage-gap-starts-as-early-as-16-heres-why.htmlopportunity/a. The a href=https://www.nytimes.com/2021/06/28/business/economy/black-workers-racial-pay-gap.htmlBlack-white wage gap/a was larger in a href=https://www.nytimes.com/2021/06/28/business/economy/black-workers-racial-pay-gap.html2020 than it was in 1970./a Black, Latina, and Native women make less than 65 cents for every dollar earned by a white man, a differential that adds up to a href=https://nwlc.org/wp-content/uploads/2021/03/EPD-2021-v1.pdfnearly a million dollars lost/a over the course of a woman’s career./p\npThis reality was not lost on the Supreme Court. Even in its decision to strike down Harvard and UNC’s affirmative action policies, the court reaffirmed that the pursuit of diversity is a “a href=https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdfcommendable goals/a”. In his concurrence, Justice Brett Kavanaugh stressed that schools “can, of course, act to undo the effects of past discrimination in many permissible ways.”/p\npThat said, under the new legal landscape we face, opening the doors of opportunity will require careful construction, clarity of conviction, and steadfast commitment in the face of a well-resourced movement against progress. In designing programs to foster principles of fairness and equality, institutions need to be mindful that courts will pay more exacting scrutiny to programs that consider an individual’s race. Further, institutions need to be prepared to face highly organized attacks, including “warning” letters and legal challenges blatantly distorting the state of the law. These attacks have created a culture of fear and legal uncertainty specifically intended to coerce institutions into abandoning their commitments to equal opportunity — in some cases, successfully./p\npWe cannot let this happen. Proactive efforts to ensure full and equal opportunity are more, not less, urgent in light of the Supreme Court’s decision. Institutions should examine their admissions, scholarship and fellowship programs, as well as recruitment and hiring practices, to ensure that they expand pipelines of opportunity for all. Schools, businesses, and others must not shy away from their DEI efforts, offices, and trainings, but instead should double down on the many lawful and effective approaches that remain. Schools and workplaces should take steps to foster a climate in which people of all races and ethnicities belong and can meet their full potential. And institutions must still comply with anti-discrimination laws, including those that prohibit unnecessary barriers to opportunity for people based on race or ethnicity. As the values of diversity and equal opportunity are themselves under attack, we must continue to push even harder for progress. It is not only the right thing to do, but what the law both permits and requires./p
","short_content_html":"pSince the Supreme Court struck down longstanding affirmative action admissions policies this past summer in iSFFA v. Harvard/UNC/i, institutions from a variety of sectors have grappled with how to stay true to their commitments to equal opportunity in light of the court’s ruling...
","date_published":"2024-03-06T21:59:55Z","date_modified":null,"date_collected":"2024-03-07T10:20:32.860757Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/racial-justice/supreme-court-signals-that-institutions-can-keep-designing-programs-to-foster-diversity-after-affirmative-action-ruling","tags":["Human Rights and Racial Justice","Human Rights","Racial Justice"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/df14e7e1-29db-4b5e-9263-35edb4b808d0","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"df14e7e1-29db-4b5e-9263-35edb4b808d0","external_link":null,"title":"Despair and Resignation Are Not A Strategy: How to Fight Back In A Second Trump Term.","content":"pMany polls suggest if the presidential election were held today, Donald Trump could return to the White House. Fears of irreparable threats to our democracy and freedoms are neither abstract nor hyperbolic./p\npWe must believe Trump when he reveals his authoritarian plans for a second term and take these threats seriously. He has made clear he intends to deploy the military to crush protests; activate state national guards to deport millions of immigrants; build on his legacy of gutting reproductive freedoms by implementing a nationwide abortion ban; create a police state in which anyone who he views as an “enemy” is surveilled and our law enforcement are further empowered to use lethal force; and undermine the integrity of our elections./p\npTerrifying as these threats are, despair and resignation are not a strategy. We and our allies are prepared to fight back, informed by our experiences in his first term./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-markA Nimble Legal Strategy to Combat Every New Threat and Prevent Harm/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b.jpg class=attachment-original size-original alt=ACLU attorney speaking in front of the Supreme Court. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\t figcaption class=wp-image__caption is-caption mt-3pACLU Legal Director David Cole speaking in front of the Supreme Court building. The ACLU filed 434 legal actions against the Trump administration during his presidential term./p\n/figcaption\n\t\n\t\t span class=wp-image__credit is-creditpMolly Kaplan/ACLU/p\n/span\n\t /figure\n pThe ACLU filed 434 legal actions against the Trump administration, and hundreds of other lawsuits were filed by sister organizations, state attorneys general and even private citizens./p\npWe turned to the courts during Trump’s first week in office when we, with the International Refugee Assistance Project and other partners, filed the first lawsuit challenging Trump’s Muslim ban. We got our first win the day after Trump’s executive order was signed. As the administration pivoted to “perfect” its unconstitutional ban, we fought every subsequent version. Along with our allies, we defeated the first two iterations of the ban, and ramped up pressure for President Biden to revoke the third and final ban on day one of his presidency./p\npWe employed a similar strategy when the administration started forcibly separating families at the southern border. Initially, we only wanted to reunite one mother and her daughter, but subsequently learned that the government had codified this horrific practice into standard policy. We quickly expanded our suit and did everything possible to have the full extent of this tragedy revealed to the public. We, Kids in Need of Defense, the Women’s Refugee Commission and Justice in Motion mobilized thousands of people to march in opposition. Under significant, sustained public and legal pressure, the administration finally reversed their family separation policy, with our lawsuit helping reunite approximately 3,200 families./p\npLitigation remains a powerful tool even in the face of Trump’s 245 judicial appointments. Much to his chagrin, many of his appointees proved willing to buck his agenda as Trump-appointed judges stood up nearly en masse for the rule of law and civil liberties in response to attempts to overturn the 2020 election results. Trump appointees also ruled against the administration’s anti-immigrant policies around Title 42 and the third-country transit ban./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-markOrganizing Communities in the Streets/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b.jpg class=attachment-original size-original alt=ACLU Supporters carrying signs with the ACLU logo readingquot; We The People.quot; decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\t figcaption class=wp-image__caption is-caption mt-3pProtestors rally in support of trans rights at the Indiana Statehouse./p\n/figcaption\n\t\n\t\t span class=wp-image__credit is-creditpAJ Mast/ACLU/p\n/span\n\t /figure\n pShould Trump return to the White House, advocacy organizations will need to come together like never before. No single organization will be able to stop the power of the federal government at Trump’s disposal. If he unleashes a deportation force to remove 13 million immigrants or deploys the National Guard to crack down on demonstrations, we and our partners will be in court daily challenging these unconstitutional and immoral policies. But that’s not enough./p\npEven more so than the first, the second resistance will be one of the people, not just lawyers. We will activate our 6.5 million supporters and our 54 affiliates in every state and territory. In partnership with grassroots organizations, labor unions, religious congregations and community leaders, we will exercise our First Amendment rights to mobilize the people in the streets, lobby in their statehouses, and advocate for local leaders to resist. General strikes, economic boycotts, and worker walk-outs will be critical tools to demonstrate that Americans will not sit idly by while a constitutional crisis is perpetrated./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-markFighting Back in Congress, State Legislatures, and on the Ballot/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b.jpg class=attachment-original size-original alt=Congress in a joint meeting at the Capitol Building. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\t figcaption class=wp-image__caption is-caption mt-3pCongressional members seated for a speech at the US Capitol building./p\n/figcaption\n\t\n\t\t span class=wp-image__credit is-creditpBonnie Cash/UPI/Shutterstock/p\n/span\n\t /figure\n pIn a second Trump administration, the public must force Congress to serve as a co-equal branch of government, not the lap-dog of the executive branch. We have to hold Congress accountable to do its job—keeping the pressure on through calls, lobbying, and grassroots visits, reminding them they work for us./p\npBut fixing a broken Congress can’t just come from the Democratic Party. With the future of our democracy at stake, we need a bipartisan commitment to govern. We’ve seen glimmers of it. If a group of bipartisan Senators found common ground to reform the antiquated Electoral Count Act—which would now prevent Donald Trump, or any president, from pressuring their vice president to refuse certifying election results—surely they can agree to update the two-centuries old Insurrection Act and ensure its not abused by President Trump to shut down legitimate forms of dissent and debate./p\npAs we ramp up the pressure on our representatives, the ballot box is where the people will get the final say. The Supreme Court’s emDobbs/em decision overturning emRoe v. Wade—/emall thanks to a new Trump majority on the bench—illustrated the extent to which states are our last line of defense to bring forth the will of the people on issues such as abortion. And wherever reproductive freedom has been on the ballot since, we’ve won. Since Dobbs, we spent more than $23 million in key elections to protect abortion rights. This year, that playing field has significantly expanded: there are abortion ballot measures under consideration in Arizona, Colorado, Florida, Missouri, Maryland, New York, Montana, Nebraska, and Nevada./p\npAdmittedly, ballot initiatives won’t be enough if Trump enacts a nationwide ban that restricts abortion services everywhere. But direct democracy efforts, through state constitutional amendments and local elections, will send strong signals that a power grab by the federal government will not be tolerated, and help make a case on states’ rights and federalism that might convince even conservative judges to limit these power grabs./p\npTrump and his allies have spent the last four years plotting his return and revenge. They will be more organized, deliberate, and aggressive. But if Trump does return to the Oval Office, the first “resistance” will look tame by comparison. Trump’s anti-liberty and fundamentally anti-American policies will assuredly be met with the full firepower of the ACLU, the might of our allies, and the commitment of the American people./p","short_content":"pMany polls suggest if the presidential election were held today, Donald Trump could return to the White House. Fears of irreparable threats to our democracy and freedoms are neither abstract nor hyperbolic./p\npWe must believe Trump when he reveals his authoritarian plans for a s...","content_html":"pMany polls suggest if the presidential election were held today, Donald Trump could return to the White House. Fears of irreparable threats to our democracy and freedoms are neither abstract nor hyperbolic./p\npWe must believe Trump when he reveals his authoritarian plans for a second term and take these threats seriously. He has made clear he intends to deploy the military to crush protests; activate state national guards to deport millions of immigrants; build on his legacy of gutting reproductive freedoms by implementing a nationwide abortion ban; create a police state in which anyone who he views as an “enemy” is surveilled and our law enforcement are further empowered to use lethal force; and undermine the integrity of our elections./p\npTerrifying as these threats are, despair and resignation are not a strategy. We and our allies are prepared to fight back, informed by our experiences in his first term./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-markA Nimble Legal Strategy to Combat Every New Threat and Prevent Harm/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b.jpg class=attachment-original size-original alt=ACLU attorney speaking in front of the Supreme Court. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-attorney-speaking-in-front-of-scotus-b-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\t figcaption class=wp-image__caption is-caption mt-3pACLU Legal Director David Cole speaking in front of the Supreme Court building. The ACLU filed 434 legal actions against the Trump administration during his presidential term./p\n/figcaption\n\t\n\t\t span class=wp-image__credit is-creditpMolly Kaplan/ACLU/p\n/span\n\t /figure\n pThe ACLU filed 434 legal actions against the Trump administration, and hundreds of other lawsuits were filed by sister organizations, state attorneys general and even private citizens./p\npWe turned to the courts during Trump’s first week in office when we, with the International Refugee Assistance Project and other partners, filed the first lawsuit challenging Trump’s Muslim ban. We got our first win the day after Trump’s executive order was signed. As the administration pivoted to “perfect” its unconstitutional ban, we fought every subsequent version. Along with our allies, we defeated the first two iterations of the ban, and ramped up pressure for President Biden to revoke the third and final ban on day one of his presidency./p\npWe employed a similar strategy when the administration started forcibly separating families at the southern border. Initially, we only wanted to reunite one mother and her daughter, but subsequently learned that the government had codified this horrific practice into standard policy. We quickly expanded our suit and did everything possible to have the full extent of this tragedy revealed to the public. We, Kids in Need of Defense, the Women’s Refugee Commission and Justice in Motion mobilized thousands of people to march in opposition. Under significant, sustained public and legal pressure, the administration finally reversed their family separation policy, with our lawsuit helping reunite approximately 3,200 families./p\npLitigation remains a powerful tool even in the face of Trump’s 245 judicial appointments. Much to his chagrin, many of his appointees proved willing to buck his agenda as Trump-appointed judges stood up nearly en masse for the rule of law and civil liberties in response to attempts to overturn the 2020 election results. Trump appointees also ruled against the administration’s anti-immigrant policies around Title 42 and the third-country transit ban./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-markOrganizing Communities in the Streets/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b.jpg class=attachment-original size-original alt=ACLU Supporters carrying signs with the ACLU logo readingquot; We The People.quot; decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/aclu-protestors-with-we-the-ppeople-signs-b-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\t figcaption class=wp-image__caption is-caption mt-3pProtestors rally in support of trans rights at the Indiana Statehouse./p\n/figcaption\n\t\n\t\t span class=wp-image__credit is-creditpAJ Mast/ACLU/p\n/span\n\t /figure\n pShould Trump return to the White House, advocacy organizations will need to come together like never before. No single organization will be able to stop the power of the federal government at Trump’s disposal. If he unleashes a deportation force to remove 13 million immigrants or deploys the National Guard to crack down on demonstrations, we and our partners will be in court daily challenging these unconstitutional and immoral policies. But that’s not enough./p\npEven more so than the first, the second resistance will be one of the people, not just lawyers. We will activate our 6.5 million supporters and our 54 affiliates in every state and territory. In partnership with grassroots organizations, labor unions, religious congregations and community leaders, we will exercise our First Amendment rights to mobilize the people in the streets, lobby in their statehouses, and advocate for local leaders to resist. General strikes, economic boycotts, and worker walk-outs will be critical tools to demonstrate that Americans will not sit idly by while a constitutional crisis is perpetrated./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-markFighting Back in Congress, State Legislatures, and on the Ballot/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b.jpg class=attachment-original size-original alt=Congress in a joint meeting at the Capitol Building. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/us-congress-at-capitol-building-b-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\t figcaption class=wp-image__caption is-caption mt-3pCongressional members seated for a speech at the US Capitol building./p\n/figcaption\n\t\n\t\t span class=wp-image__credit is-creditpBonnie Cash/UPI/Shutterstock/p\n/span\n\t /figure\n pIn a second Trump administration, the public must force Congress to serve as a co-equal branch of government, not the lap-dog of the executive branch. We have to hold Congress accountable to do its job—keeping the pressure on through calls, lobbying, and grassroots visits, reminding them they work for us./p\npBut fixing a broken Congress can’t just come from the Democratic Party. With the future of our democracy at stake, we need a bipartisan commitment to govern. We’ve seen glimmers of it. If a group of bipartisan Senators found common ground to reform the antiquated Electoral Count Act—which would now prevent Donald Trump, or any president, from pressuring their vice president to refuse certifying election results—surely they can agree to update the two-centuries old Insurrection Act and ensure its not abused by President Trump to shut down legitimate forms of dissent and debate./p\npAs we ramp up the pressure on our representatives, the ballot box is where the people will get the final say. The Supreme Court’s emDobbs/em decision overturning emRoe v. Wade—/emall thanks to a new Trump majority on the bench—illustrated the extent to which states are our last line of defense to bring forth the will of the people on issues such as abortion. And wherever reproductive freedom has been on the ballot since, we’ve won. Since Dobbs, we spent more than $23 million in key elections to protect abortion rights. This year, that playing field has significantly expanded: there are abortion ballot measures under consideration in Arizona, Colorado, Florida, Missouri, Maryland, New York, Montana, Nebraska, and Nevada./p\npAdmittedly, ballot initiatives won’t be enough if Trump enacts a nationwide ban that restricts abortion services everywhere. But direct democracy efforts, through state constitutional amendments and local elections, will send strong signals that a power grab by the federal government will not be tolerated, and help make a case on states’ rights and federalism that might convince even conservative judges to limit these power grabs./p\npTrump and his allies have spent the last four years plotting his return and revenge. They will be more organized, deliberate, and aggressive. But if Trump does return to the Oval Office, the first “resistance” will look tame by comparison. Trump’s anti-liberty and fundamentally anti-American policies will assuredly be met with the full firepower of the ACLU, the might of our allies, and the commitment of the American people./p
","short_content_html":"pMany polls suggest if the presidential election were held today, Donald Trump could return to the White House. Fears of irreparable threats to our democracy and freedoms are neither abstract nor hyperbolic./p\npWe must believe Trump when he reveals his authoritarian plans for a s...
","date_published":"2024-03-06T18:57:59Z","date_modified":null,"date_collected":"2024-03-07T10:20:32.314637Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/civil-liberties/election-strategy-fight-back-second-trump-term","tags":["Executive Branch","Civil Liberties"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/82fa51a7-69c8-4420-8f7e-f28d4ee44726","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"82fa51a7-69c8-4420-8f7e-f28d4ee44726","external_link":null,"title":"Communities Should Reject Surveillance Products Whose Makers Won't Allow Them to be Independently Evaluated","content":"pAmerican communities are being confronted by a lot of new police technology these days, a lot of which involves surveillance or otherwise raises the question: “Are we as a community comfortable with our police deploying this new technology?” A critical question when addressing such concerns is: “Does it even work, and if so, how well?” It’s hard for communities, their political leaders, and their police departments to know what to buy if they don’t know what works and to what degree./p\npOne thing I’ve learned from following new law enforcement technology for over 20 years is that there is an awful lot of snake oil out there. When a new capability arrives on the scene—whether it’s a href=https://www.aclu.org/wp-content/uploads/publications/drawing_blank.pdfface recognition/a, a href=https://www.aclu.org/blog/privacy-technology/surveillance-technologies/experts-say-emotion-recognition-lacks-scientific/emotion recognition/a, a href=https://www.aclu.org/wp-content/uploads/publications/061819-robot_surveillance.pdfvideo analytics/a, or “a href=https://www.aclu.org/news/privacy-technology/chicago-police-heat-list-renews-old-fears-aboutbig data/a” pattern analysis—some companies will rush to promote the technology long before it is good enough for deployment, which sometimes a href=https://www.aclu.org/blog/privacy-technology/surveillance-technologies/experts-say-emotion-recognition-lacks-scientific/never happens/a. That may be even more true today in the age of artificial intelligence. “AI” is a term that often amounts to no more than trendy marketing jargon./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/privacy-technology/six-questions-to-ask-before-accepting-a-surveillance-technology\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/privacy-technology/six-questions-to-ask-before-accepting-a-surveillance-technology\n target=_blank\n \n Six Questions to Ask Before Accepting a Surveillance Technology /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/privacy-technology/six-questions-to-ask-before-accepting-a-surveillance-technology\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletCommunity members, policymakers, and political leaders can make better decisions about new technology by asking these questions./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/privacy-technology/six-questions-to-ask-before-accepting-a-surveillance-technology\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pGiven all this, communities and city councils should not adopt new technology that has not been subject to testing and evaluation by an independent, disinterested party. That’s true for all types of technology, but doubly so for technologies that have the potential to change the balance of power between the government and the governed, like surveillance equipment. After all, there’s no reason to get a href=https://www.aclu.org/news/privacy-technology/six-questions-to-ask-before-accepting-a-surveillance-technologywrapped up in big debates/a about privacy, security, and government power if the tech doesn’t even work./p\npOne example of a company refusing to allow independent review of its product is the license plate recognition company Flock, which is pushing those surveillance devices into many American communities and tying them into a centralized national network. (We wrote more about this company in a 2022 a href=https://www.aclu.org/publications/fast-growing-company-flock-building-new-ai-driven-mass-surveillance-systemwhite paper/a.) Flock has steadfastly refused to allow the a href=https://www.aclu.org/news/privacy-technology/are-gun-detectors-the-answer-to-mass-shootingsindependent/a security technology reporting and testing outlet a href=https://ipvm.com/IPVM/a to obtain one of its license plate readers for testing, though IPVM has tested all of Flock’s major competitors. That doesn’t stop Flock from a href=https://ipvm.com/reports/flock-lpr-city-sued?code=lfgsdfasd543453boasting/a that “Flock Safety technology is best-in-class, consistently performing above other vendors.” Claims like these are puzzling and laughable when the company doesn’t appear to have enough confidence in its product to let IPVM test it./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/privacy-technology/experts-say-emotion-recognition-lacks-scientific\n target=_blank\n tabindex=-1\n \n img width=1160 height=768 src=https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e.jpg 1160w, https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e-768x508.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e-400x265.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e-600x397.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e-800x530.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e-1000x662.jpg 1000w sizes=(max-width: 1160px) 100vw, 1160px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/privacy-technology/experts-say-emotion-recognition-lacks-scientific\n target=_blank\n \n Experts Say 'Emotion Recognition' Lacks Scientific Foundation /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/privacy-technology/experts-say-emotion-recognition-lacks-scientific\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tablet/p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/privacy-technology/experts-say-emotion-recognition-lacks-scientific\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pCommunities considering installing Flock cameras should take note. That is especially the case when errors by Flock and other companies’ license plate readers can lead to innocent drivers finding themselves with their a href=https://ipvm.com/reports/flock-lpr-city-sued?code=lfgsdfasd543453hands behind their heads/a, facing jittery police pointing guns at them. Such errors can also expose police departments and cities to lawsuits./p\npEven worse is when a company pretends that its product has been subject to independent review when it hasn’t. The metal detector company Evolv, which sells — wait for it — emAI/em metal detectors, submitted its technology to testing by a supposedly independent lab operated by the University of Southern Mississippi, and publicly touted the results of the tests. But a href=https://ipvm.com/reports/bbc-evolvIPVM/a and the a href=https://www.bbc.com/news/technology-63476769BBC/a reported that the lab, the National Center for Spectator Sports Safety and Security (a href=https://ncs4.usm.edu/NCS4/a), had colluded with Evolv to manipulate the report and hide negative findings about the effectiveness of the company’s product. Like Flock, Evolv refuses to allow IPVM to obtain one of its units for testing. (We wrote about Evolv and its product a href=https://www.aclu.org/news/privacy-technology/are-gun-detectors-the-answer-to-mass-shootingshere/a.)/p\npOne of the reasons these companies can prevent a tough, independent reviewer such as IPVM from obtaining their equipment is their subscription and/or cloud-based architecture. “Most companies in the industry still operate on the more traditional model of having open systems,” IPVM Government Research Director Conor Healy told me. “But there’s a rise in demand for cloud-based surveillance, where people can store things in cloud, access them on their phone, see the cameras. Cloud-based surveillance by definition involves central control by the company that’s providing the cloud services.” Cloud-based architectures can a href=https://www.aclu.org/news/civil-liberties/major-hack-of-camera-company-offers-four-key-lessons-on-surveillanceworsen the privacy risks/a created by a surveillance system. Another consequence of their centralized control is increasing the ability of a company to control who can carry out an independent review./p\npWe’re living in an era where a lot of new technology is emerging, with many companies trying to be the first to put them on the market. As Healy told me, “We see a lot of claims of AI, all the time. At this point, almost every product I see out there that gets launched has some component of AI.” But like other technologies before them, these products often come in highly immature, premature, inaccurate, or outright deceptive forms, relying little more than on the use of “AI” as a buzzword./p\npIt’s vital for independent reviewers to contribute to our ongoing local and national conversations about new surveillance and other police technologies. It’s unclear why a company that has faith in its product would attempt to block independent review, which is all the more reason why buyers should know this about those companies./p","short_content":"pAmerican communities are being confronted by a lot of new police technology these days, a lot of which involves surveillance or otherwise raises the question: “Are we as a community comfortable with our police deploying this new technology?” A critical question when addressing s...","content_html":"pAmerican communities are being confronted by a lot of new police technology these days, a lot of which involves surveillance or otherwise raises the question: “Are we as a community comfortable with our police deploying this new technology?” A critical question when addressing such concerns is: “Does it even work, and if so, how well?” It’s hard for communities, their political leaders, and their police departments to know what to buy if they don’t know what works and to what degree./p\npOne thing I’ve learned from following new law enforcement technology for over 20 years is that there is an awful lot of snake oil out there. When a new capability arrives on the scene—whether it’s a href=https://www.aclu.org/wp-content/uploads/publications/drawing_blank.pdfface recognition/a, a href=https://www.aclu.org/blog/privacy-technology/surveillance-technologies/experts-say-emotion-recognition-lacks-scientific/emotion recognition/a, a href=https://www.aclu.org/wp-content/uploads/publications/061819-robot_surveillance.pdfvideo analytics/a, or “a href=https://www.aclu.org/news/privacy-technology/chicago-police-heat-list-renews-old-fears-aboutbig data/a” pattern analysis—some companies will rush to promote the technology long before it is good enough for deployment, which sometimes a href=https://www.aclu.org/blog/privacy-technology/surveillance-technologies/experts-say-emotion-recognition-lacks-scientific/never happens/a. That may be even more true today in the age of artificial intelligence. “AI” is a term that often amounts to no more than trendy marketing jargon./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/privacy-technology/six-questions-to-ask-before-accepting-a-surveillance-technology\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/a573aa109804db74bfef11f8a6f475e7-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/privacy-technology/six-questions-to-ask-before-accepting-a-surveillance-technology\n target=_blank\n \n Six Questions to Ask Before Accepting a Surveillance Technology /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/privacy-technology/six-questions-to-ask-before-accepting-a-surveillance-technology\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletCommunity members, policymakers, and political leaders can make better decisions about new technology by asking these questions./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/privacy-technology/six-questions-to-ask-before-accepting-a-surveillance-technology\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pGiven all this, communities and city councils should not adopt new technology that has not been subject to testing and evaluation by an independent, disinterested party. That’s true for all types of technology, but doubly so for technologies that have the potential to change the balance of power between the government and the governed, like surveillance equipment. After all, there’s no reason to get a href=https://www.aclu.org/news/privacy-technology/six-questions-to-ask-before-accepting-a-surveillance-technologywrapped up in big debates/a about privacy, security, and government power if the tech doesn’t even work./p\npOne example of a company refusing to allow independent review of its product is the license plate recognition company Flock, which is pushing those surveillance devices into many American communities and tying them into a centralized national network. (We wrote more about this company in a 2022 a href=https://www.aclu.org/publications/fast-growing-company-flock-building-new-ai-driven-mass-surveillance-systemwhite paper/a.) Flock has steadfastly refused to allow the a href=https://www.aclu.org/news/privacy-technology/are-gun-detectors-the-answer-to-mass-shootingsindependent/a security technology reporting and testing outlet a href=https://ipvm.com/IPVM/a to obtain one of its license plate readers for testing, though IPVM has tested all of Flock’s major competitors. That doesn’t stop Flock from a href=https://ipvm.com/reports/flock-lpr-city-sued?code=lfgsdfasd543453boasting/a that “Flock Safety technology is best-in-class, consistently performing above other vendors.” Claims like these are puzzling and laughable when the company doesn’t appear to have enough confidence in its product to let IPVM test it./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/privacy-technology/experts-say-emotion-recognition-lacks-scientific\n target=_blank\n tabindex=-1\n \n img width=1160 height=768 src=https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e.jpg 1160w, https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e-768x508.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e-400x265.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e-600x397.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e-800x530.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/f0cab632e1da8a25e9a54ba8019ef74e-1000x662.jpg 1000w sizes=(max-width: 1160px) 100vw, 1160px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/privacy-technology/experts-say-emotion-recognition-lacks-scientific\n target=_blank\n \n Experts Say 'Emotion Recognition' Lacks Scientific Foundation /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/privacy-technology/experts-say-emotion-recognition-lacks-scientific\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tablet/p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/privacy-technology/experts-say-emotion-recognition-lacks-scientific\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pCommunities considering installing Flock cameras should take note. That is especially the case when errors by Flock and other companies’ license plate readers can lead to innocent drivers finding themselves with their a href=https://ipvm.com/reports/flock-lpr-city-sued?code=lfgsdfasd543453hands behind their heads/a, facing jittery police pointing guns at them. Such errors can also expose police departments and cities to lawsuits./p\npEven worse is when a company pretends that its product has been subject to independent review when it hasn’t. The metal detector company Evolv, which sells — wait for it — emAI/em metal detectors, submitted its technology to testing by a supposedly independent lab operated by the University of Southern Mississippi, and publicly touted the results of the tests. But a href=https://ipvm.com/reports/bbc-evolvIPVM/a and the a href=https://www.bbc.com/news/technology-63476769BBC/a reported that the lab, the National Center for Spectator Sports Safety and Security (a href=https://ncs4.usm.edu/NCS4/a), had colluded with Evolv to manipulate the report and hide negative findings about the effectiveness of the company’s product. Like Flock, Evolv refuses to allow IPVM to obtain one of its units for testing. (We wrote about Evolv and its product a href=https://www.aclu.org/news/privacy-technology/are-gun-detectors-the-answer-to-mass-shootingshere/a.)/p\npOne of the reasons these companies can prevent a tough, independent reviewer such as IPVM from obtaining their equipment is their subscription and/or cloud-based architecture. “Most companies in the industry still operate on the more traditional model of having open systems,” IPVM Government Research Director Conor Healy told me. “But there’s a rise in demand for cloud-based surveillance, where people can store things in cloud, access them on their phone, see the cameras. Cloud-based surveillance by definition involves central control by the company that’s providing the cloud services.” Cloud-based architectures can a href=https://www.aclu.org/news/civil-liberties/major-hack-of-camera-company-offers-four-key-lessons-on-surveillanceworsen the privacy risks/a created by a surveillance system. Another consequence of their centralized control is increasing the ability of a company to control who can carry out an independent review./p\npWe’re living in an era where a lot of new technology is emerging, with many companies trying to be the first to put them on the market. As Healy told me, “We see a lot of claims of AI, all the time. At this point, almost every product I see out there that gets launched has some component of AI.” But like other technologies before them, these products often come in highly immature, premature, inaccurate, or outright deceptive forms, relying little more than on the use of “AI” as a buzzword./p\npIt’s vital for independent reviewers to contribute to our ongoing local and national conversations about new surveillance and other police technologies. It’s unclear why a company that has faith in its product would attempt to block independent review, which is all the more reason why buyers should know this about those companies./p
","short_content_html":"pAmerican communities are being confronted by a lot of new police technology these days, a lot of which involves surveillance or otherwise raises the question: “Are we as a community comfortable with our police deploying this new technology?” A critical question when addressing s...
","date_published":"2024-03-06T15:05:58Z","date_modified":null,"date_collected":"2024-03-07T10:20:32.156522Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/privacy-technology/communities-should-reject-surveillance-products-whose-makers-wont-allow-them-to-be-independently-evaluated","tags":["Location Tracking","Big Data","Face Recognition Technology","Surveillance Technologies","Privacy Technology","Automatic License Plate Readers"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/d6385d69-94b3-4dbf-b7d6-ef8c12a2b7cc","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"d6385d69-94b3-4dbf-b7d6-ef8c12a2b7cc","external_link":null,"title":"New York's Coercion of Private Companies to Blacklist the NRA Has a Long and Dark History","content":"pMore than 60 years ago the Supreme Court ruled that the First Amendment bars the government from coercing private entities to punish speech that the government disfavors. Just as the government can’t directly punish or censor speech it disagrees with, it cannot do so indirectly by coercing private parties to do the same./p\npHistory underscores the importance of this free speech protection. Government officials have all too often enlisted private parties—from the White Citizens’ Councils of the Jim Crow South to the blacklists of Communists in the McCarthy era—to punish those with whom they disagree. New York’s efforts to punish the National Rifle Association, at issue before the Supreme Court in a href=https://www.aclu.org/cases/national-rifle-association-v-vulloiNational Rifle Association v. Vullo/i/a, follow in the footsteps of those earlier censorship efforts./p\n div class=alignfullwidth mb-8 wp-pullquote \n div class= wp-pullquote-inner\n pThe ACLU disagrees sharply with the NRA on many issues, yet we are representing the group in this case because of the First Amendment principles at stake./p\n \n /div\n /div\n pThe ACLU disagrees sharply with the NRA on many issues, yet we are representing the group in this case because of the First Amendment principles at stake. We argue that Maria Vullo, a New York state regulator, threatened to use her regulatory power over banks and insurance companies to coerce them into denying basic financial services to the NRA and, in Vullo’s own words, “other gun promotion” groups. Vullo’s threats were expressly based on her disagreement with the NRA’s advocacy. And they worked. Several insurance companies and banks refused to work with the NRA out of fear of reprisals from New York regulators. The ACLU urges the Supreme Court to hold that coercing third parties to break ties with the NRA because of its advocacy violates the First Amendment./p\npEven those who oppose government censorship may be sympathetic to New York’s efforts to shut down the NRA. The NRA is dedicated to promoting guns, which play an outsized role in violence and death in this country. The ACLU does not support the NRA’s mission. In fact, we directly oppose the NRA and support the government’s power to adopt sensible tools, like public carry permits and disarming persons subject to domestic violence protective orders. While it#8217;s understandable that Vullo wanted to address the gun violence epidemic, government censorship wasn#8217;t a constitutional response to the problem./p\n div class=alignfullwidth mb-8 wp-pullquote \n div class= wp-pullquote-inner\n pThe right to advocate views the government opposes safeguards our ability to organize for the country we want to see./p\n \n /div\n /div\n pThe NRA’s case is hardly the first time government officials have sought to use private parties to penalize those with whom they disagree. Our nation’s history is replete with examples. And when the government threatens businesses in this way, the businesses often go along. As summed up by a slogan during the McCarthy Era: “Why buy yourself a headache?”/p\npDuring the McCarthy era, from the late 1940s to 60s, the government regularly pressured private entities to fire people it perceived as connected with the Communist Party. The FBI and the House Committee on Un-American Activities delivered the names of employees who had alleged connections to “subversive” organizations, or even subscriptions to their publications, to private employers like defense contractors, universities, newspapers, and major corporations such as General Electric and U.S. Steel. Employers that failed to fire these employees faced loss of lucrative government contracts, necessary licenses, targeted investigations, and public smearing./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/cases/national-rifle-association-v-vullo\n target=_blank\n tabindex=-1\n \n img width=700 height=350 src=https://www.aclu.org/wp-content/uploads/2023/02/29cdadc17d83f5ef0a78a0e3eca67374.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2023/02/29cdadc17d83f5ef0a78a0e3eca67374.jpg 700w, https://www.aclu.org/wp-content/uploads/2023/02/29cdadc17d83f5ef0a78a0e3eca67374-400x200.jpg 400w, https://www.aclu.org/wp-content/uploads/2023/02/29cdadc17d83f5ef0a78a0e3eca67374-600x300.jpg 600w sizes=(max-width: 700px) 100vw, 700px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/cases/national-rifle-association-v-vullo\n target=_blank\n \n National Rifle Association v. Vullo /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/cases/national-rifle-association-v-vullo\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletOn January 9th, 2024, the American Civil Liberties Union filed its opening brief on behalf of the National Rifle Association (NRA) in National.../p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/cases/national-rifle-association-v-vullo\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pThe ACLU itself has been the target of such efforts. In the late 1930s, Jersey City Mayor Frank Hague bragged that the reason the ACLU and the Congress of Industrial Organizations (CIO) had been unable to book a single private hall for meetings or speakers was because the hall owners are his “friends” and knew that he did “not approve of un-American groups coming into Jersey City.” The one hall owner who did rent his hall to the CIO for a meeting was then charged with a building violation. When asked about the violation at trial, Hague responded “Any port in a storm, Counselor”—effectively acknowledging that the violation was in retaliation for renting the private hall to a disfavored speaker./p\npThe ACLU’s predecessor, the National Civil Liberties Bureau, confronted similar efforts during World War I. When the Justice Department attempted to put the Industrial Workers of the World (IWW) out of business by filing criminal charges against more than 100 members who had called for labor strikes, accusing them of undermining the war effort, the National Civil Liberties Bureau placed an advertisement seeking funds for the IWW’s “right of a fair trial.” The government responded by coercing iThe New Republic/i, a privately-run media company, to support its goal by threatening to revoke the magazine’s second-class mailing privileges if it reprinted the message./p\npSouthern states turned to this tactic in their resistance to racial integration established in a href=https://www.aclu.org/podcast/school-segregation-65-years-after-brown-v-board-ep-46iBrown v. Board of Education/i/a. Some states mandated public disclosure of the National Association for the Advancement of Colored People’s (NAACP) members, and relied on private entities that shared the state’s commitment to maintaining white supremacy, such as the White Citizens’ Councils, to publicize the disclosures to private business owners who were expected to then punish those named. As a result, NAACP members were fired, denied credit, prohibited from purchasing goods, evicted or had their home loans foreclosed, and subjected to threats of and actual violence. This public-private partnership became a blueprint for how to use racialized violence as an “economic cold war” to render both Black and white supporters of the NAACP “destitute” and undermine their ability to advocate for racial justice./p\npNor is this tactic a relic of the past. In Florida, Gov. Ron DeSantis directed the state agency in charge of liquor licensing to see if it could stop private entities hosting performances of “A Drag Queen Christmas.” After the shows went forward, a non-profit theater venue in Orlando and the Hyatt Regency Miami faced actions to revoke their liquor licenses for allegedly violating laws prohibiting lewdness, vulgar exposure of sexual organs, and obscene performances—despite the agency’s own undercover agents attending and reporting that there were no “lewd acts” or “exposure of genital organs.”/p\npMaria Vullo followed the same playbook. As the state’s top financial regulator, in coordination with then-Governor Andrew Cuomo, she expressly targeted the NRA for its “gun promotion” advocacy and urged all the banks and insurance companies she regulates to refuse to do business with the NRA. She offered leniency to one insurer for legal infractions if it would cut its ties to the NRA, and extracted promises from the NRA’s three largest insurance partners never to provide “affinity insurance” to the group’s members ever again./p\npiNRA v. Vullo /iisn’t just about the NRA. It’s about all of our First Amendment rights to advocate for causes we believe in, without being targeted by public-private ventures of retaliation. If New York can do this to the NRA, then Oklahoma could similarly penalize criminal justice reformers advocating for bail reform, and Texas could target climate change organizations advancing the view that all fossil fuel extraction must end. The right to advocate views the government opposes safeguards our ability to organize for the country we want to see. It’s a principle the ACLU has defended for more than 100 years, and one we will continue to protect from government censorship of all kinds, whether we agree or disagree with the views of those being targeted./p","short_content":"pMore than 60 years ago the Supreme Court ruled that the First Amendment bars the government from coercing private entities to punish speech that the government disfavors. Just as the government can’t directly punish or censor speech it disagrees with, it cannot do so indirectly.","content_html":"pMore than 60 years ago the Supreme Court ruled that the First Amendment bars the government from coercing private entities to punish speech that the government disfavors. Just as the government can’t directly punish or censor speech it disagrees with, it cannot do so indirectly by coercing private parties to do the same./p\npHistory underscores the importance of this free speech protection. Government officials have all too often enlisted private parties—from the White Citizens’ Councils of the Jim Crow South to the blacklists of Communists in the McCarthy era—to punish those with whom they disagree. New York’s efforts to punish the National Rifle Association, at issue before the Supreme Court in a href=https://www.aclu.org/cases/national-rifle-association-v-vulloiNational Rifle Association v. Vullo/i/a, follow in the footsteps of those earlier censorship efforts./p\n div class=alignfullwidth mb-8 wp-pullquote \n div class= wp-pullquote-inner\n pThe ACLU disagrees sharply with the NRA on many issues, yet we are representing the group in this case because of the First Amendment principles at stake./p\n \n /div\n /div\n pThe ACLU disagrees sharply with the NRA on many issues, yet we are representing the group in this case because of the First Amendment principles at stake. We argue that Maria Vullo, a New York state regulator, threatened to use her regulatory power over banks and insurance companies to coerce them into denying basic financial services to the NRA and, in Vullo’s own words, “other gun promotion” groups. Vullo’s threats were expressly based on her disagreement with the NRA’s advocacy. And they worked. Several insurance companies and banks refused to work with the NRA out of fear of reprisals from New York regulators. The ACLU urges the Supreme Court to hold that coercing third parties to break ties with the NRA because of its advocacy violates the First Amendment./p\npEven those who oppose government censorship may be sympathetic to New York’s efforts to shut down the NRA. The NRA is dedicated to promoting guns, which play an outsized role in violence and death in this country. The ACLU does not support the NRA’s mission. In fact, we directly oppose the NRA and support the government’s power to adopt sensible tools, like public carry permits and disarming persons subject to domestic violence protective orders. While it#8217;s understandable that Vullo wanted to address the gun violence epidemic, government censorship wasn#8217;t a constitutional response to the problem./p\n div class=alignfullwidth mb-8 wp-pullquote \n div class= wp-pullquote-inner\n pThe right to advocate views the government opposes safeguards our ability to organize for the country we want to see./p\n \n /div\n /div\n pThe NRA’s case is hardly the first time government officials have sought to use private parties to penalize those with whom they disagree. Our nation’s history is replete with examples. And when the government threatens businesses in this way, the businesses often go along. As summed up by a slogan during the McCarthy Era: “Why buy yourself a headache?”/p\npDuring the McCarthy era, from the late 1940s to 60s, the government regularly pressured private entities to fire people it perceived as connected with the Communist Party. The FBI and the House Committee on Un-American Activities delivered the names of employees who had alleged connections to “subversive” organizations, or even subscriptions to their publications, to private employers like defense contractors, universities, newspapers, and major corporations such as General Electric and U.S. Steel. Employers that failed to fire these employees faced loss of lucrative government contracts, necessary licenses, targeted investigations, and public smearing./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/cases/national-rifle-association-v-vullo\n target=_blank\n tabindex=-1\n \n img width=700 height=350 src=https://www.aclu.org/wp-content/uploads/2023/02/29cdadc17d83f5ef0a78a0e3eca67374.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2023/02/29cdadc17d83f5ef0a78a0e3eca67374.jpg 700w, https://www.aclu.org/wp-content/uploads/2023/02/29cdadc17d83f5ef0a78a0e3eca67374-400x200.jpg 400w, https://www.aclu.org/wp-content/uploads/2023/02/29cdadc17d83f5ef0a78a0e3eca67374-600x300.jpg 600w sizes=(max-width: 700px) 100vw, 700px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/cases/national-rifle-association-v-vullo\n target=_blank\n \n National Rifle Association v. Vullo /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/cases/national-rifle-association-v-vullo\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletOn January 9th, 2024, the American Civil Liberties Union filed its opening brief on behalf of the National Rifle Association (NRA) in National.../p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/cases/national-rifle-association-v-vullo\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pThe ACLU itself has been the target of such efforts. In the late 1930s, Jersey City Mayor Frank Hague bragged that the reason the ACLU and the Congress of Industrial Organizations (CIO) had been unable to book a single private hall for meetings or speakers was because the hall owners are his “friends” and knew that he did “not approve of un-American groups coming into Jersey City.” The one hall owner who did rent his hall to the CIO for a meeting was then charged with a building violation. When asked about the violation at trial, Hague responded “Any port in a storm, Counselor”—effectively acknowledging that the violation was in retaliation for renting the private hall to a disfavored speaker./p\npThe ACLU’s predecessor, the National Civil Liberties Bureau, confronted similar efforts during World War I. When the Justice Department attempted to put the Industrial Workers of the World (IWW) out of business by filing criminal charges against more than 100 members who had called for labor strikes, accusing them of undermining the war effort, the National Civil Liberties Bureau placed an advertisement seeking funds for the IWW’s “right of a fair trial.” The government responded by coercing iThe New Republic/i, a privately-run media company, to support its goal by threatening to revoke the magazine’s second-class mailing privileges if it reprinted the message./p\npSouthern states turned to this tactic in their resistance to racial integration established in a href=https://www.aclu.org/podcast/school-segregation-65-years-after-brown-v-board-ep-46iBrown v. Board of Education/i/a. Some states mandated public disclosure of the National Association for the Advancement of Colored People’s (NAACP) members, and relied on private entities that shared the state’s commitment to maintaining white supremacy, such as the White Citizens’ Councils, to publicize the disclosures to private business owners who were expected to then punish those named. As a result, NAACP members were fired, denied credit, prohibited from purchasing goods, evicted or had their home loans foreclosed, and subjected to threats of and actual violence. This public-private partnership became a blueprint for how to use racialized violence as an “economic cold war” to render both Black and white supporters of the NAACP “destitute” and undermine their ability to advocate for racial justice./p\npNor is this tactic a relic of the past. In Florida, Gov. Ron DeSantis directed the state agency in charge of liquor licensing to see if it could stop private entities hosting performances of “A Drag Queen Christmas.” After the shows went forward, a non-profit theater venue in Orlando and the Hyatt Regency Miami faced actions to revoke their liquor licenses for allegedly violating laws prohibiting lewdness, vulgar exposure of sexual organs, and obscene performances—despite the agency’s own undercover agents attending and reporting that there were no “lewd acts” or “exposure of genital organs.”/p\npMaria Vullo followed the same playbook. As the state’s top financial regulator, in coordination with then-Governor Andrew Cuomo, she expressly targeted the NRA for its “gun promotion” advocacy and urged all the banks and insurance companies she regulates to refuse to do business with the NRA. She offered leniency to one insurer for legal infractions if it would cut its ties to the NRA, and extracted promises from the NRA’s three largest insurance partners never to provide “affinity insurance” to the group’s members ever again./p\npiNRA v. Vullo /iisn’t just about the NRA. It’s about all of our First Amendment rights to advocate for causes we believe in, without being targeted by public-private ventures of retaliation. If New York can do this to the NRA, then Oklahoma could similarly penalize criminal justice reformers advocating for bail reform, and Texas could target climate change organizations advancing the view that all fossil fuel extraction must end. The right to advocate views the government opposes safeguards our ability to organize for the country we want to see. It’s a principle the ACLU has defended for more than 100 years, and one we will continue to protect from government censorship of all kinds, whether we agree or disagree with the views of those being targeted./p
","short_content_html":"pMore than 60 years ago the Supreme Court ruled that the First Amendment bars the government from coercing private entities to punish speech that the government disfavors. Just as the government can’t directly punish or censor speech it disagrees with, it cannot do so indirectly.
","date_published":"2024-03-04T17:50:10Z","date_modified":null,"date_collected":"2024-03-05T05:03:55.520821Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/free-speech/new-yorks-coercion-of-private-companies-to-blacklist-the-nra-has-a-long-and-dark-history","tags":["Free Speech"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/22454299-14d9-449c-b401-a291d8a1e953","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"22454299-14d9-449c-b401-a291d8a1e953","external_link":null,"title":"4 Ways the ACLU Continues to Fight for Gender Equality","content":"pIn 1987, 15 years after the Women’s Rights Project was established at the ACLU, March was officially designated as Women’s History Month in the United States. This time is for the celebration of the women whose contributions and achievements have shaped our society. Such a celebration may feel painful at this moment, when we are facing the fall of iRoe v. Wade, /ithe Black maternal mortality crisis, as well as ongoing, systemic barriers including the gender wage gap, family policing, lack of affordable housing, and sexual harassment. Yet it is precisely at times like these we need reminders why we still fight – and that we still win. In the perpetual fight for justice and equity, women have not only been essential, but have also consistently led the way. Each March, we must celebrate the progress made, and acknowledge all the work that has been and has yet to be done./p\npFor over 50 years, the ACLU’s Women’s Rights Project (WRP) has been at the forefront of the fight for gender justice. And just as Women’s History Month continues to evolve each year, our work has expanded and developed, with a focus on taking an intersectional approach. Here are four ways we continue to fight for equality:/p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard1. Challenging Discriminatory Dress Codes /h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power.jpg class=attachment-original size-original alt=Three individuals holding ACLU branded posters. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\n\t /figure\n pThe ACLU has led the way in fighting discriminatory dress codes that reinforce sexist and racist stereotypes in schools and at work. These discriminatory codes target girls, people of color, and members of the LBGTQIA+ community, particularly girls who live at the intersection of those identities. Many students and workers across the county are subject to senseless, sex-based restrictions such as skirts, dresses, and “modest clothing” for women and girls and short hair, pants, and no accessories for men and boys. We successfully a href=https://www.aclu.org/press-releases/supreme-court-rejects-appeal-from-public-charter-school-seeking-permission-to-violate-students-constitutional-rightschallenged/a a charter school’s “skirts only” rule for girls, which the school adopted based on the belief that every girl is a “fragile vessel.” The school sought to overturn the decision but, in 2023, the Supreme Court left the victory in place. This past year, we also reached a a href=https://www.aclu.org/press-releases/groundbreaking-consent-decree-requires-alaska-airlines-to-change-discriminatory-gendered-uniform-policyhistoric settlement/a with Alaska Airlines to remove all gendered restrictions from its uniform policy for flight attendants./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/dresscodeform\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/dresscodeform\n target=_blank\n \n Share Your Story: Dress Code Policies Based on Gender Stereotypes /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/dresscodeform\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletWe’d like to hear from you if your school or workplace maintains discriminatory dress and appearance policies./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/dresscodeform\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pAcross the country, we’ve sought to end the enforcement of discriminatory dress codes in a range of other contexts as well. We’ve fought to end discriminatory dress codes in schools that prevent boys and non-binary students from wearing their hair long, which prevents a class=Hyperlink SCXW6015916 BCX0 href=https://www.aclu.org/news/racial-justice/my-sons-hair-is-part-of-a-thousand-year-old-tribal-culture-his-school-called-it-a-fad target=_blank rel=noreferrer noopenerNative American and Black students/a, among others, from expressing their cultural and religious traditions. We’ve also worked to end dress codes that a class=Hyperlink SCXW6015916 BCX0 href=https://www.aclu.org/news/womens-rights/why-im-challenging-my-schools-sexist-dress-code-policies target=_blank rel=noreferrer noopenerpenalize student athletes/a on the girls’ cross-country teams for training in weather-appropriate clothing, as well as those that forbid transgender seniors from attending a class=Hyperlink SCXW6015916 BCX0 href=https://www.aclu.org/press-releases/aclu-challenges-mississippi-high-schools-refusal-to-let-transgender-student-wear-dress-to-graduation-ceremony target=_blank rel=noreferrer noopenertheir high school graduation/a dressed as themselves./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard2. Taking on Housing Policies that Blacklist Black and Brown Women/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women.jpg class=attachment-original size-original alt=Someone holding a sign saying Stand With Black Women. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\n\t /figure\n pIn our fight for housing justice, we have taken on “No-Eviction” policies and other screening policies that disproportionately discriminate against Black renters, particularly Black women. These screening policies block potential renters from housing simply because they are connected to any previous eviction case, even if the case was very old, they ultimately won it, or the legal action against them was unlawfully filed in the first place. Black women are significantly more likely to have eviction cases filed against them by landlords, so these policies in turn impact and destabilize Black women, further perpetuating systemic inequality and segregation. In 2023, we filed a class=Hyperlink SCXW192197316 BCX0 href=https://www.aclu.org/press-releases/advocates-challenge-discriminatory-eviction-screening-policies-enforced-by-two-cook-county-landlords target=_blank rel=noreferrer noopenertwo/a challenges against the use of these screening policies by Chicago-area landlords. These cases were among the first of their kind in the United States and aim to set a precedent for disrupting discriminatory housing practices./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard3. Advocating for Pregnant and Lactating Workers/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act.jpg class=attachment-original size-original alt=A group of women wearing t shirts saying Pass the Pregnant Workers Fairness Act. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\n\t /figure\n pWe have long been at the forefront of fighting for the rights of pregnant and breastfeeding workers who experience discrimination in the workplace. Over the past few years, the ACLU was a key advocate for the enactment of the a class=Hyperlink SCXW136550188 BCX0 href=http://pregnan/ target=_blank rel=noreferrer noopenerPregnan/at Workers Fairness Act and the a class=Hyperlink SCXW136550188 BCX0 href=https://www.aclu.org/press-releases/aclu-applauds-senate-passage-pregnant-workers-fairness-act-and-pump-nursing-mothers target=_blank rel=noreferrer noopenerPUMP for Nursing Mothers Act/a. These new landmark laws ensure that millions of pregnant and lactating workers have access to reasonable accommodations that allow them to continue working, instead of forcing them to choose between their paycheck and a healthy pregnancy and nursing period. We continue to litigate on behalf of employees who are denied pregnancy-related accommodations and those discriminated against for being pregnant./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard4. Fighting the Separation of Black and Brown Families/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights.jpg class=attachment-original size-original alt=A sign that says Women#039;s Rights Are Human Rights. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\n\t /figure\n pAs part of our work on behalf of families of color who are disproportionately impacted by the child welfare system, we have been a strong voice in raising awareness about the widespread use of automated tools by local governments to determine which families to investigate – tools that often heighten the risk of disintegration for Black and Brown families in the United States. In 2023, the ACLU published a a href=https://www.aclu.org/news/womens-rights/how-policy-hidden-in-an-algorithm-is-threatening-families-in-this-pennsylvania-countyreport/a on the discriminatory effects of Allegheny County’s “Family Screening Tool,” which could disproportionately flag family members who were Black or had disabilities for investigation. The ACLU’s report prompted in-depth reporting from the Associated Press and an investigation from the U.S. Department of Justice./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/the-devil-is-in-the-details-interrogating-values-embedded-in-the-allegheny-family-screening-tool\n target=_blank\n tabindex=-1\n \n img width=1000 height=494 src=https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574.jpg 1000w, https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574-768x379.jpg 768w, https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574-400x198.jpg 400w, https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574-600x296.jpg 600w, https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574-800x395.jpg 800w sizes=(max-width: 1000px) 100vw, 1000px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/the-devil-is-in-the-details-interrogating-values-embedded-in-the-allegheny-family-screening-tool\n target=_blank\n \n The Devil is in the Details: Interrogating Values Embedded in the Allegheny Family Screening Tool /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/the-devil-is-in-the-details-interrogating-values-embedded-in-the-allegheny-family-screening-tool\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletWe're examining how algorithmic design choices can function as policy decisions through an audit of a deployed algorithmic tool, the Allegheny Family /p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/the-devil-is-in-the-details-interrogating-values-embedded-in-the-allegheny-family-screening-tool\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pWhile there is still much work ahead of us, our recent victories give us hope for progress toward a more equitable world for everyone, regardless of gender. We will continue the fight for gender justice alongside everyone who has been and continues to be a part of the movement with us./p","short_content":"pIn 1987, 15 years after the Women’s Rights Project was established at the ACLU, March was officially designated as Women’s History Month in the United States. This time is for the celebration of the women whose contributions and achievements have shaped our society. Such a celeb...","content_html":"pIn 1987, 15 years after the Women’s Rights Project was established at the ACLU, March was officially designated as Women’s History Month in the United States. This time is for the celebration of the women whose contributions and achievements have shaped our society. Such a celebration may feel painful at this moment, when we are facing the fall of iRoe v. Wade, /ithe Black maternal mortality crisis, as well as ongoing, systemic barriers including the gender wage gap, family policing, lack of affordable housing, and sexual harassment. Yet it is precisely at times like these we need reminders why we still fight – and that we still win. In the perpetual fight for justice and equity, women have not only been essential, but have also consistently led the way. Each March, we must celebrate the progress made, and acknowledge all the work that has been and has yet to be done./p\npFor over 50 years, the ACLU’s Women’s Rights Project (WRP) has been at the forefront of the fight for gender justice. And just as Women’s History Month continues to evolve each year, our work has expanded and developed, with a focus on taking an intersectional approach. Here are four ways we continue to fight for equality:/p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard1. Challenging Discriminatory Dress Codes /h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power.jpg class=attachment-original size-original alt=Three individuals holding ACLU branded posters. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/our-voice-is-our-power-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\n\t /figure\n pThe ACLU has led the way in fighting discriminatory dress codes that reinforce sexist and racist stereotypes in schools and at work. These discriminatory codes target girls, people of color, and members of the LBGTQIA+ community, particularly girls who live at the intersection of those identities. Many students and workers across the county are subject to senseless, sex-based restrictions such as skirts, dresses, and “modest clothing” for women and girls and short hair, pants, and no accessories for men and boys. We successfully a href=https://www.aclu.org/press-releases/supreme-court-rejects-appeal-from-public-charter-school-seeking-permission-to-violate-students-constitutional-rightschallenged/a a charter school’s “skirts only” rule for girls, which the school adopted based on the belief that every girl is a “fragile vessel.” The school sought to overturn the decision but, in 2023, the Supreme Court left the victory in place. This past year, we also reached a a href=https://www.aclu.org/press-releases/groundbreaking-consent-decree-requires-alaska-airlines-to-change-discriminatory-gendered-uniform-policyhistoric settlement/a with Alaska Airlines to remove all gendered restrictions from its uniform policy for flight attendants./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/dresscodeform\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/a082360125c2d047aa848acb36042cee-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/dresscodeform\n target=_blank\n \n Share Your Story: Dress Code Policies Based on Gender Stereotypes /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/dresscodeform\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletWe’d like to hear from you if your school or workplace maintains discriminatory dress and appearance policies./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/dresscodeform\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pAcross the country, we’ve sought to end the enforcement of discriminatory dress codes in a range of other contexts as well. We’ve fought to end discriminatory dress codes in schools that prevent boys and non-binary students from wearing their hair long, which prevents a class=Hyperlink SCXW6015916 BCX0 href=https://www.aclu.org/news/racial-justice/my-sons-hair-is-part-of-a-thousand-year-old-tribal-culture-his-school-called-it-a-fad target=_blank rel=noreferrer noopenerNative American and Black students/a, among others, from expressing their cultural and religious traditions. We’ve also worked to end dress codes that a class=Hyperlink SCXW6015916 BCX0 href=https://www.aclu.org/news/womens-rights/why-im-challenging-my-schools-sexist-dress-code-policies target=_blank rel=noreferrer noopenerpenalize student athletes/a on the girls’ cross-country teams for training in weather-appropriate clothing, as well as those that forbid transgender seniors from attending a class=Hyperlink SCXW6015916 BCX0 href=https://www.aclu.org/press-releases/aclu-challenges-mississippi-high-schools-refusal-to-let-transgender-student-wear-dress-to-graduation-ceremony target=_blank rel=noreferrer noopenertheir high school graduation/a dressed as themselves./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard2. Taking on Housing Policies that Blacklist Black and Brown Women/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women.jpg class=attachment-original size-original alt=Someone holding a sign saying Stand With Black Women. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/i-stand-with-black-women-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\n\t /figure\n pIn our fight for housing justice, we have taken on “No-Eviction” policies and other screening policies that disproportionately discriminate against Black renters, particularly Black women. These screening policies block potential renters from housing simply because they are connected to any previous eviction case, even if the case was very old, they ultimately won it, or the legal action against them was unlawfully filed in the first place. Black women are significantly more likely to have eviction cases filed against them by landlords, so these policies in turn impact and destabilize Black women, further perpetuating systemic inequality and segregation. In 2023, we filed a class=Hyperlink SCXW192197316 BCX0 href=https://www.aclu.org/press-releases/advocates-challenge-discriminatory-eviction-screening-policies-enforced-by-two-cook-county-landlords target=_blank rel=noreferrer noopenertwo/a challenges against the use of these screening policies by Chicago-area landlords. These cases were among the first of their kind in the United States and aim to set a precedent for disrupting discriminatory housing practices./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard3. Advocating for Pregnant and Lactating Workers/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act.jpg class=attachment-original size-original alt=A group of women wearing t shirts saying Pass the Pregnant Workers Fairness Act. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/pregnant-workers-fairness-act-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\n\t /figure\n pWe have long been at the forefront of fighting for the rights of pregnant and breastfeeding workers who experience discrimination in the workplace. Over the past few years, the ACLU was a key advocate for the enactment of the a class=Hyperlink SCXW136550188 BCX0 href=http://pregnan/ target=_blank rel=noreferrer noopenerPregnan/at Workers Fairness Act and the a class=Hyperlink SCXW136550188 BCX0 href=https://www.aclu.org/press-releases/aclu-applauds-senate-passage-pregnant-workers-fairness-act-and-pump-nursing-mothers target=_blank rel=noreferrer noopenerPUMP for Nursing Mothers Act/a. These new landmark laws ensure that millions of pregnant and lactating workers have access to reasonable accommodations that allow them to continue working, instead of forcing them to choose between their paycheck and a healthy pregnancy and nursing period. We continue to litigate on behalf of employees who are denied pregnancy-related accommodations and those discriminated against for being pregnant./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard4. Fighting the Separation of Black and Brown Families/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1110 height=740 src=https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights.jpg class=attachment-original size-original alt=A sign that says Women#039;s Rights Are Human Rights. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights.jpg 1110w, https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights-768x512.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights-400x267.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights-600x400.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights-800x533.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/womens-rights-are-human-rights-1000x667.jpg 1000w sizes=(max-width: 1110px) 100vw, 1110px /\t\n\t\n\t /figure\n pAs part of our work on behalf of families of color who are disproportionately impacted by the child welfare system, we have been a strong voice in raising awareness about the widespread use of automated tools by local governments to determine which families to investigate – tools that often heighten the risk of disintegration for Black and Brown families in the United States. In 2023, the ACLU published a a href=https://www.aclu.org/news/womens-rights/how-policy-hidden-in-an-algorithm-is-threatening-families-in-this-pennsylvania-countyreport/a on the discriminatory effects of Allegheny County’s “Family Screening Tool,” which could disproportionately flag family members who were Black or had disabilities for investigation. The ACLU’s report prompted in-depth reporting from the Associated Press and an investigation from the U.S. Department of Justice./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/the-devil-is-in-the-details-interrogating-values-embedded-in-the-allegheny-family-screening-tool\n target=_blank\n tabindex=-1\n \n img width=1000 height=494 src=https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574.jpg 1000w, https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574-768x379.jpg 768w, https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574-400x198.jpg 400w, https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574-600x296.jpg 600w, https://www.aclu.org/wp-content/uploads/2023/03/1339bada98bced1fc0221fb7c78bd574-800x395.jpg 800w sizes=(max-width: 1000px) 100vw, 1000px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/the-devil-is-in-the-details-interrogating-values-embedded-in-the-allegheny-family-screening-tool\n target=_blank\n \n The Devil is in the Details: Interrogating Values Embedded in the Allegheny Family Screening Tool /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/the-devil-is-in-the-details-interrogating-values-embedded-in-the-allegheny-family-screening-tool\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletWe're examining how algorithmic design choices can function as policy decisions through an audit of a deployed algorithmic tool, the Allegheny Family /p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/the-devil-is-in-the-details-interrogating-values-embedded-in-the-allegheny-family-screening-tool\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pWhile there is still much work ahead of us, our recent victories give us hope for progress toward a more equitable world for everyone, regardless of gender. We will continue the fight for gender justice alongside everyone who has been and continues to be a part of the movement with us./p
","short_content_html":"pIn 1987, 15 years after the Women’s Rights Project was established at the ACLU, March was officially designated as Women’s History Month in the United States. This time is for the celebration of the women whose contributions and achievements have shaped our society. Such a celeb...
","date_published":"2024-03-01T17:59:32Z","date_modified":null,"date_collected":"2024-03-01T23:14:52.902073Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/womens-rights/4-ways-the-aclu-continues-to-fight-for-gender-equality","tags":["Women's Rights","Human Rights and Women's Rights","Women's Rights in the Workplace","Human Rights"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/292c5d16-4a0b-4d5f-85b0-d0a6e656fd5f","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"292c5d16-4a0b-4d5f-85b0-d0a6e656fd5f","external_link":null,"title":"President Biden's Order to Ban Private Prisons Faces a Persistent Internal Challenge: The U.S. Marshals Service","content":"pAt the onset of President Biden’s term, in January 2021, he issued an a href=https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/executive-order-reforming-our-incarceration-system-to-eliminate-the-use-of-privately-operated-criminal-detention-facilities/executive order/a to phase out the federal criminal system’s use of for-profit prisons. This was an important step toward stemming the flow of federal money to corporations that lock people up for profit. The executive order covered both the Federal Bureau of Prisons, which holds people convicted of crimes, and the U.S. Marshals Service, which holds people while they await trial or await transfer to a federal prison after sentencing. However, it left out the federal government’s a href=https://www.washingtonpost.com/opinions/2021/01/28/biden-is-ending-justice-departments-contracts-with-private-prisons-now-end-ices/heavy use of for-profit immigration detention facilities/a, which are rife with abuse, unsanitary conditions, and overcrowding./p\npThe Bureau of Prisons followed the executive order and has a href=https://www.bop.gov/resources/news/20221201_ends_use_of_privately_owned_prisons.jspclosed all of its for-profit prisons/a. The Marshals Service has not. An a href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdfACLU analysis/a of documents produced in response to a Freedom of Information Act request shows that, despite the executive order, the Marshals Service continues to hold nearly a third of its entire detention population in for-profit facilities, totaling 20,000 people. It does this by exploiting two loopholes it has created that undermine the purpose of the executive order: to end prison profiteering./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf\n target=_blank\n tabindex=-1\n \n /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf\n target=_blank\n \n The ACLU's Letter to the United States Marshals Service Due to It's Failure to Comply with Executive Order 14006 /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tablet/p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pFirst, the Marshals Service has obtained repeated waivers from the White House that allow it to ignore the executive order and keep five for-profit facilities open. The Marshals Service and White House have not publicized these waivers, and when internal government investigators asked for documentation of these waivers, they were a href=https://oig.justice.gov/sites/default/files/reports/23-055.pdf“told that no such documentation existed.”/a/p\npSecond, the Marshals Service has determined that it can continue to pay corporations to operate detention facilities for profit, so long as it uses a city or county government as a middleman. Under this arrangement, known as a “pass-through” agreement, the Marshals Service pays a city or county government, which keeps a portion of the payment and passes along most of the payment to the corporation that runs the facility. An a href=https://oig.justice.gov/sites/default/files/reports/23-055.pdfinternal government investigation/a found that these agreements cost the Marshals Service more and provide less control and oversight over operations at its detention facilities./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it\n target=_blank\n tabindex=-1\n \n img width=1160 height=768 src=https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e.jpg 1160w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-768x508.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-400x265.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-600x397.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-800x530.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-1000x662.jpg 1000w sizes=(max-width: 1160px) 100vw, 1160px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it\n target=_blank\n \n America’s Pretrial System Is Broken. Here’s Our Vision to Fix It. /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tablet/p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pBy using these two loopholes to keep funneling money to corporations that profit from incarceration, the Marshals Service perpetuates the harm that these corporations cause. In the words of a href=https://www.independent.co.uk/news/world/americas/us-politics/biden-private-prisons-susan-rice-b1793046.htmlPresident Biden’s domestic policy advisor/a: “Private prisons profiteer off federal prisoners and are proven to be, or found to be by the Department of Justice inspector general, less safe for correctional officers and prisoners.”/p\npA a href=https://news.wsu.edu/press-release/2020/09/15/privatized-prisons-lead-inmates-longer-sentences-study-finds/statistical analysis/a has shown that as states turn more to for-profit prisons, their incarceration rates increase. This should come as no surprise: for-profit prison companies use the taxpayer money they receive to lobby extensively for increased incarceration. The two largest for-profit prison companies spent a href=https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2023amp;id=D000021940$1.7 million/a and a href=https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2023amp;id=D000022003$1.3 million/a lobbying the federal government alone, with more money going to state lobbying. This does not include the for-profit prison industry’s significant donations to political campaigns and PACs. a href=https://www.americanprogress.org/article/trumps-executive-order-rewards-private-prison-campaign-donors/For example/a, these two companies each spent a quarter million on President Trump’s 2017 inauguration festivities, and one donated $225,000 to a pro-Trump super PAC./p\npCongress has taken notice. Nine senators wrote a a href=https://judiciary.house.gov/committee-activity/hearings/oversight-united-states-marshals-serviceletter/a to “express deep concern that the [Marshals Service] appears to be circumventing President Biden’s Executive Order.”/p\npThere are a few concrete steps that the Biden administration and the Marshals Service can take now to address these problems and plan for an orderly transition away from for-profit prison companies. First and foremost, they should work together to a href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-itdivert people away from pre-trial detention/a in a way that protects community safety and ensures people show up for their trials. With fewer people to detain, the Marshals Service will have less need to pay for-profit facilities./p\npThe Biden administration and Marshals Service should also work to find viable alternatives to for-profit facilities for those who remain in detention, where people can be held near their families, friends, and lawyers. People have a right to confer with their attorney regularly to prepare a defense, and numerous studies show that proximity to loved ones and support networks supports better outcomes when people are released from custody./p\npAs they do this, they should be transparent. The Marshals Service should publish its plan to close the five for-profit prisons with which it continues to directly contract. It should develop a plan to stop using pass-through intergovernmental agreements and publish a plan to phase out these detention facilities as well. Spending taxpayer dollars to enrich private corporations and shareholders who run facilities with abusive practices, poor medical care, and unsanitary conditions is a policy that harms incarcerated individuals and creates unsafe working conditions for correctional officers. The Biden administration has called for an end to this policy, it is past time for the Marshals Service to listen./p","short_content":"pAt the onset of President Biden’s term, in January 2021, he issued an a href=https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/executive-order-reforming-our-incarceration-system-to-eliminate-the-use-of-privately-operated-criminal-detention-facilities/execu...","content_html":"pAt the onset of President Biden’s term, in January 2021, he issued an a href=https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/executive-order-reforming-our-incarceration-system-to-eliminate-the-use-of-privately-operated-criminal-detention-facilities/executive order/a to phase out the federal criminal system’s use of for-profit prisons. This was an important step toward stemming the flow of federal money to corporations that lock people up for profit. The executive order covered both the Federal Bureau of Prisons, which holds people convicted of crimes, and the U.S. Marshals Service, which holds people while they await trial or await transfer to a federal prison after sentencing. However, it left out the federal government’s a href=https://www.washingtonpost.com/opinions/2021/01/28/biden-is-ending-justice-departments-contracts-with-private-prisons-now-end-ices/heavy use of for-profit immigration detention facilities/a, which are rife with abuse, unsanitary conditions, and overcrowding./p\npThe Bureau of Prisons followed the executive order and has a href=https://www.bop.gov/resources/news/20221201_ends_use_of_privately_owned_prisons.jspclosed all of its for-profit prisons/a. The Marshals Service has not. An a href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdfACLU analysis/a of documents produced in response to a Freedom of Information Act request shows that, despite the executive order, the Marshals Service continues to hold nearly a third of its entire detention population in for-profit facilities, totaling 20,000 people. It does this by exploiting two loopholes it has created that undermine the purpose of the executive order: to end prison profiteering./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf\n target=_blank\n tabindex=-1\n \n /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf\n target=_blank\n \n The ACLU's Letter to the United States Marshals Service Due to It's Failure to Comply with Executive Order 14006 /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tablet/p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pFirst, the Marshals Service has obtained repeated waivers from the White House that allow it to ignore the executive order and keep five for-profit facilities open. The Marshals Service and White House have not publicized these waivers, and when internal government investigators asked for documentation of these waivers, they were a href=https://oig.justice.gov/sites/default/files/reports/23-055.pdf“told that no such documentation existed.”/a/p\npSecond, the Marshals Service has determined that it can continue to pay corporations to operate detention facilities for profit, so long as it uses a city or county government as a middleman. Under this arrangement, known as a “pass-through” agreement, the Marshals Service pays a city or county government, which keeps a portion of the payment and passes along most of the payment to the corporation that runs the facility. An a href=https://oig.justice.gov/sites/default/files/reports/23-055.pdfinternal government investigation/a found that these agreements cost the Marshals Service more and provide less control and oversight over operations at its detention facilities./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it\n target=_blank\n tabindex=-1\n \n img width=1160 height=768 src=https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e.jpg 1160w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-768x508.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-400x265.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-600x397.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-800x530.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-1000x662.jpg 1000w sizes=(max-width: 1160px) 100vw, 1160px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it\n target=_blank\n \n America’s Pretrial System Is Broken. Here’s Our Vision to Fix It. /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tablet/p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pBy using these two loopholes to keep funneling money to corporations that profit from incarceration, the Marshals Service perpetuates the harm that these corporations cause. In the words of a href=https://www.independent.co.uk/news/world/americas/us-politics/biden-private-prisons-susan-rice-b1793046.htmlPresident Biden’s domestic policy advisor/a: “Private prisons profiteer off federal prisoners and are proven to be, or found to be by the Department of Justice inspector general, less safe for correctional officers and prisoners.”/p\npA a href=https://news.wsu.edu/press-release/2020/09/15/privatized-prisons-lead-inmates-longer-sentences-study-finds/statistical analysis/a has shown that as states turn more to for-profit prisons, their incarceration rates increase. This should come as no surprise: for-profit prison companies use the taxpayer money they receive to lobby extensively for increased incarceration. The two largest for-profit prison companies spent a href=https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2023amp;id=D000021940$1.7 million/a and a href=https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2023amp;id=D000022003$1.3 million/a lobbying the federal government alone, with more money going to state lobbying. This does not include the for-profit prison industry’s significant donations to political campaigns and PACs. a href=https://www.americanprogress.org/article/trumps-executive-order-rewards-private-prison-campaign-donors/For example/a, these two companies each spent a quarter million on President Trump’s 2017 inauguration festivities, and one donated $225,000 to a pro-Trump super PAC./p\npCongress has taken notice. Nine senators wrote a a href=https://judiciary.house.gov/committee-activity/hearings/oversight-united-states-marshals-serviceletter/a to “express deep concern that the [Marshals Service] appears to be circumventing President Biden’s Executive Order.”/p\npThere are a few concrete steps that the Biden administration and the Marshals Service can take now to address these problems and plan for an orderly transition away from for-profit prison companies. First and foremost, they should work together to a href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-itdivert people away from pre-trial detention/a in a way that protects community safety and ensures people show up for their trials. With fewer people to detain, the Marshals Service will have less need to pay for-profit facilities./p\npThe Biden administration and Marshals Service should also work to find viable alternatives to for-profit facilities for those who remain in detention, where people can be held near their families, friends, and lawyers. People have a right to confer with their attorney regularly to prepare a defense, and numerous studies show that proximity to loved ones and support networks supports better outcomes when people are released from custody./p\npAs they do this, they should be transparent. The Marshals Service should publish its plan to close the five for-profit prisons with which it continues to directly contract. It should develop a plan to stop using pass-through intergovernmental agreements and publish a plan to phase out these detention facilities as well. Spending taxpayer dollars to enrich private corporations and shareholders who run facilities with abusive practices, poor medical care, and unsanitary conditions is a policy that harms incarcerated individuals and creates unsafe working conditions for correctional officers. The Biden administration has called for an end to this policy, it is past time for the Marshals Service to listen./p
","short_content_html":"pAt the onset of President Biden’s term, in January 2021, he issued an a href=https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/executive-order-reforming-our-incarceration-system-to-eliminate-the-use-of-privately-operated-criminal-detention-facilities/execu...
","date_published":"2024-03-01T15:40:24Z","date_modified":null,"date_collected":"2024-03-01T23:14:52.575042Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/criminal-law-reform/president-bidens-order-to-ban-private-prisons-faces-a-persistent-internal-challenge-the-u-s-marshals-service","tags":["Criminal Law Reform","Mass Incarceration","Private Prisons","Smart Justice"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/0f640ded-8b24-4dc7-955f-f270f1826859","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"0f640ded-8b24-4dc7-955f-f270f1826859","external_link":null,"title":"A Teenager’s Fight Against Idaho’s Harmful Ban on Gender-Affirming Health Care","content":"piTwo transgender adolescents and their families are challenging Idaho#8217;s 2023 law, HB 71, which criminalizes gender-affirming medical care for trans youth. Signed by Governor Brad Little, HB 71 prohibits widely accepted treatments for gender dysphoria, despite their endorsement by leading medical organizations like the American Medical Association. In a lawsuit filed by the ACLU and legal firms, plaintiffs argue that the law violates constitutional rights. The law bans puberty blockers, hormone therapy, and certain surgeries for transgender youth, threatening medical providers with felony charges and up to 10 years in prison. /i/p\npi /iiIn February 2024, Idaho filed an application to the Supreme Court of the United States for a partial stay against an injunction currently blocking enforcement of HB 71. Jane Doe, a 17-year-old transgender girl living in Idaho and plaintiff in the case alongside her parents, shares her story. /i/p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardAll I Want is to Just Be a Teen /h2\n\t\t\n\t\t\t/div\n pDespite everything, I know I’m lucky. Despite having to watch as politicians in my home state of Idaho and across the country spread lies targeted at transgender youth like me, I know I’m blessed with a family that loves me, friends that support me, and a school that protects my right to be treated like every other student. Despite my governor signing a law threatening to put my doctors in prison just for providing me with medical care I need, I know I’m lucky to have those doctors who, with the support of my parents, have helped me get the hormone therapy I need to address my gender dysphoria, which had been making my life unbearable. And despite needing to join a federal lawsuit against that law that threatens to uproot my entire life and family, I know my parents and my siblings would do anything to protect me no matter what./p\npAs a 17-year-old girl, I haven’t even graduated high school. I should be planning for college, hanging out with my friends, and playing video games with my brother. Instead, politicians in my state have forced me to go to court to stop them from denying me the medical care my doctors, my parents, and I all know has saved my life. Now, that fight is at the Supreme Court where the Idaho Attorney General has asked the court to intervene and allow the ban on gender-affirming medical care to go into effect while the case goes forward. I do not want to be doing this. I just want to be a teenager and continue receiving the health care that has made the life I am now living possible./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/cases/poe-v-labrador\n target=_blank\n tabindex=-1\n \n img width=700 height=350 src=https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d.jpg 700w, https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d-400x200.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d-600x300.jpg 600w sizes=(max-width: 700px) 100vw, 700px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/cases/poe-v-labrador\n target=_blank\n \n Poe v. Labrador /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/cases/poe-v-labrador\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletA 2023 Idaho law criminalizing gender-affirming medical is being challenged in federal court by two transgender adolescents and their families./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/cases/poe-v-labrador\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pFor as long as I can remember, I knew that something felt off about living as a boy. I have always naturally related to other girls, felt the most like myself around other girls, and had similar interests as other girls. When I was younger, I did not have the words to express my feelings related to my gender identity or being transgender. But I knew it even before I knew the words for it. When I would play “make believe” with my friends, I was always a girl character. When I would play video games, I would always choose a girl avatar. My mom and dad even told me that, when I was little and my mom was pregnant with my younger sibling, I would lie down and place a doll on my stomach and tell them that I wanted to be a mom./p\npWhen I started middle school and my body started changing, the sense that something was “off” gradually became a devastating level of distress. My mental health began to deteriorate as the changes to my body made me look more like my older brother and less like the girl I knew myself to be. I avoided anything social and my grades began to fall. There were times that I simply just did not want to exist because the physical changes to my body were trapping me in an existence I knew was causing me immense mental pain./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardFamily, Friends and Community/h2\n\t\t\n\t\t\t/div\n pAt 14, I shared these feelings with my parents who, by then, could tell something was gravely wrong. Without hesitation, they told me they loved me, would always love me, and just wanted me to be happy and healthy no matter what. Soon after, I started “socially transitioning”#8211;I started going by a new name at home and at school and my friends began using feminine pronouns to refer to me. I wore a feminine hairstyle and I started wearing girls’ clothes. I told my mom I wanted to wear makeup and, as part of how she supported me when I asked for her help, she taught me about makeup and how to apply it./p\npAll of this helped my gender dysphoria, but I was still experiencing male puberty, which was causing significant physical changes to my body that I could not hide or cover up with makeup or clothes. The changes to my body caused me so much pain that sometimes I wished I did not even exist. My parents took me to see our family doctor, a pediatrician who’s known me all my life./p\np“From the moment you were born,” my doctor told me, “my job has been to make sure you’re healthy and happy, and this doesn’t change anything.” She referred us to a specialist with expertise in gender dysphoria and I started seeing a therapist. The specialist evaluated me, including an extensive conversation about my struggles with my gender. He also provided my parents and me information about gender affirming medical care, including the potential risks, and options to preserve fertility. At 15 and with my mom and dad’s support, I started medication that prevented further changes to my body from puberty, causing immediate relief to my anxiety and giving me much-needed hope. A few months later, I started estrogen, which has allowed me to go through puberty consistent with my gender identity./p\n div class=alignfullwidth mb-8 wp-pullquote \n div class= wp-pullquote-inner\n p#8220;It’s hard to overstate how impactful gender-affirming medical care has been for me.#8221;/p\n \n /div\n /div\n pIt’s hard to overstate how impactful gender-affirming medical care has been for me. Before treatment, I was isolating myself, depressed, anxious, and I regularly felt trapped and scared. I could not see a future for myself. I am so grateful that when I told my parents about what I was experiencing, they listened to me, trusted me, and took me to providers who could give me the gender-affirming health care that I needed to be who I am. Combined with the support of my friends and school, the love and support I’ve received from my family is what every transgender kid needs and deserves./p\n pAt the start of 2023, the Idaho State Legislature began debating HB 71, a law that would ban my medical care and even threaten to put my doctors in prison for the “crime” of supporting me. It was both terrifying and infuriating to watch as something so important to me and my life was debated by people who obviously didn#8217;t know anything about us. They didn#8217;t seem to care at all about all the testimonies from parents like mine, the expertise of doctors like mine, and the pleas from trans kids like me begging the state not to take away the care that has saved my life and the lives of so many others. When Governor Brad Little signed the law, my parents and I were terrified for our future./p\npWhen HB 71 passed, my parents talked to my siblings and me about trying to travel out of state for care or selling our house and leaving Idaho-the only home I#8217;ve ever known. Having to move would mean losing my friends, my family, my home, my community, my school–everything that I have always known./p\npI don’t want politicians trying to control my body, my life, and my family’s lives. And I don’t want any other trans kids to be faced with the same. I’m so fortunate to have the support I have-especially when so many trans kids are denied the same opportunity to thrive–and I wake up every day thankful for the love of my parents and my siblings. But if the Supreme Court allows this law to take effect, my family and my doctors understand that this health care is so central to my well-being that not receiving it is not an option. I ask that the Court please help me and my family. Please do not let my health care be taken away./p","short_content":"piTwo transgender adolescents and their families are challenging Idaho#8217;s 2023 law, HB 71, which criminalizes gender-affirming medical care for trans youth. Signed by Governor Brad Little, HB 71 prohibits widely accepted treatments for gender dysphoria, despite their endorsem...","content_html":"piTwo transgender adolescents and their families are challenging Idaho#8217;s 2023 law, HB 71, which criminalizes gender-affirming medical care for trans youth. Signed by Governor Brad Little, HB 71 prohibits widely accepted treatments for gender dysphoria, despite their endorsement by leading medical organizations like the American Medical Association. In a lawsuit filed by the ACLU and legal firms, plaintiffs argue that the law violates constitutional rights. The law bans puberty blockers, hormone therapy, and certain surgeries for transgender youth, threatening medical providers with felony charges and up to 10 years in prison. /i/p\npi /iiIn February 2024, Idaho filed an application to the Supreme Court of the United States for a partial stay against an injunction currently blocking enforcement of HB 71. Jane Doe, a 17-year-old transgender girl living in Idaho and plaintiff in the case alongside her parents, shares her story. /i/p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardAll I Want is to Just Be a Teen /h2\n\t\t\n\t\t\t/div\n pDespite everything, I know I’m lucky. Despite having to watch as politicians in my home state of Idaho and across the country spread lies targeted at transgender youth like me, I know I’m blessed with a family that loves me, friends that support me, and a school that protects my right to be treated like every other student. Despite my governor signing a law threatening to put my doctors in prison just for providing me with medical care I need, I know I’m lucky to have those doctors who, with the support of my parents, have helped me get the hormone therapy I need to address my gender dysphoria, which had been making my life unbearable. And despite needing to join a federal lawsuit against that law that threatens to uproot my entire life and family, I know my parents and my siblings would do anything to protect me no matter what./p\npAs a 17-year-old girl, I haven’t even graduated high school. I should be planning for college, hanging out with my friends, and playing video games with my brother. Instead, politicians in my state have forced me to go to court to stop them from denying me the medical care my doctors, my parents, and I all know has saved my life. Now, that fight is at the Supreme Court where the Idaho Attorney General has asked the court to intervene and allow the ban on gender-affirming medical care to go into effect while the case goes forward. I do not want to be doing this. I just want to be a teenager and continue receiving the health care that has made the life I am now living possible./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/cases/poe-v-labrador\n target=_blank\n tabindex=-1\n \n img width=700 height=350 src=https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d.jpg 700w, https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d-400x200.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d-600x300.jpg 600w sizes=(max-width: 700px) 100vw, 700px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/cases/poe-v-labrador\n target=_blank\n \n Poe v. Labrador /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/cases/poe-v-labrador\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletA 2023 Idaho law criminalizing gender-affirming medical is being challenged in federal court by two transgender adolescents and their families./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/cases/poe-v-labrador\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pFor as long as I can remember, I knew that something felt off about living as a boy. I have always naturally related to other girls, felt the most like myself around other girls, and had similar interests as other girls. When I was younger, I did not have the words to express my feelings related to my gender identity or being transgender. But I knew it even before I knew the words for it. When I would play “make believe” with my friends, I was always a girl character. When I would play video games, I would always choose a girl avatar. My mom and dad even told me that, when I was little and my mom was pregnant with my younger sibling, I would lie down and place a doll on my stomach and tell them that I wanted to be a mom./p\npWhen I started middle school and my body started changing, the sense that something was “off” gradually became a devastating level of distress. My mental health began to deteriorate as the changes to my body made me look more like my older brother and less like the girl I knew myself to be. I avoided anything social and my grades began to fall. There were times that I simply just did not want to exist because the physical changes to my body were trapping me in an existence I knew was causing me immense mental pain./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardFamily, Friends and Community/h2\n\t\t\n\t\t\t/div\n pAt 14, I shared these feelings with my parents who, by then, could tell something was gravely wrong. Without hesitation, they told me they loved me, would always love me, and just wanted me to be happy and healthy no matter what. Soon after, I started “socially transitioning”#8211;I started going by a new name at home and at school and my friends began using feminine pronouns to refer to me. I wore a feminine hairstyle and I started wearing girls’ clothes. I told my mom I wanted to wear makeup and, as part of how she supported me when I asked for her help, she taught me about makeup and how to apply it./p\npAll of this helped my gender dysphoria, but I was still experiencing male puberty, which was causing significant physical changes to my body that I could not hide or cover up with makeup or clothes. The changes to my body caused me so much pain that sometimes I wished I did not even exist. My parents took me to see our family doctor, a pediatrician who’s known me all my life./p\np“From the moment you were born,” my doctor told me, “my job has been to make sure you’re healthy and happy, and this doesn’t change anything.” She referred us to a specialist with expertise in gender dysphoria and I started seeing a therapist. The specialist evaluated me, including an extensive conversation about my struggles with my gender. He also provided my parents and me information about gender affirming medical care, including the potential risks, and options to preserve fertility. At 15 and with my mom and dad’s support, I started medication that prevented further changes to my body from puberty, causing immediate relief to my anxiety and giving me much-needed hope. A few months later, I started estrogen, which has allowed me to go through puberty consistent with my gender identity./p\n div class=alignfullwidth mb-8 wp-pullquote \n div class= wp-pullquote-inner\n p#8220;It’s hard to overstate how impactful gender-affirming medical care has been for me.#8221;/p\n \n /div\n /div\n pIt’s hard to overstate how impactful gender-affirming medical care has been for me. Before treatment, I was isolating myself, depressed, anxious, and I regularly felt trapped and scared. I could not see a future for myself. I am so grateful that when I told my parents about what I was experiencing, they listened to me, trusted me, and took me to providers who could give me the gender-affirming health care that I needed to be who I am. Combined with the support of my friends and school, the love and support I’ve received from my family is what every transgender kid needs and deserves./p\n pAt the start of 2023, the Idaho State Legislature began debating HB 71, a law that would ban my medical care and even threaten to put my doctors in prison for the “crime” of supporting me. It was both terrifying and infuriating to watch as something so important to me and my life was debated by people who obviously didn#8217;t know anything about us. They didn#8217;t seem to care at all about all the testimonies from parents like mine, the expertise of doctors like mine, and the pleas from trans kids like me begging the state not to take away the care that has saved my life and the lives of so many others. When Governor Brad Little signed the law, my parents and I were terrified for our future./p\npWhen HB 71 passed, my parents talked to my siblings and me about trying to travel out of state for care or selling our house and leaving Idaho-the only home I#8217;ve ever known. Having to move would mean losing my friends, my family, my home, my community, my school–everything that I have always known./p\npI don’t want politicians trying to control my body, my life, and my family’s lives. And I don’t want any other trans kids to be faced with the same. I’m so fortunate to have the support I have-especially when so many trans kids are denied the same opportunity to thrive–and I wake up every day thankful for the love of my parents and my siblings. But if the Supreme Court allows this law to take effect, my family and my doctors understand that this health care is so central to my well-being that not receiving it is not an option. I ask that the Court please help me and my family. Please do not let my health care be taken away./p
","short_content_html":"piTwo transgender adolescents and their families are challenging Idaho#8217;s 2023 law, HB 71, which criminalizes gender-affirming medical care for trans youth. Signed by Governor Brad Little, HB 71 prohibits widely accepted treatments for gender dysphoria, despite their endorsem...
","date_published":"2024-02-29T20:53:32Z","date_modified":null,"date_collected":"2024-03-01T23:14:52.264576Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/lgbtq-rights/a-teenagers-fight-against-idahos-harmful-ban-on-gender-affirming-healthcare","tags":["LGBTQ Youth","LGBTQ Rights"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/7d32f69e-5789-4b51-986b-d2ef97b6c1a3","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"7d32f69e-5789-4b51-986b-d2ef97b6c1a3","external_link":null,"title":"Challenging the Racist Death Penalty in North Carolina","content":"pWith his white handlebar mustache, Levon “Bo” Jones was a striking and unmistakable presence. Mr. Jones, a Black man from Duplin County, North Carolina, was wrongfully convicted in 1993 and sentenced to death. a href=https://www.aclu.org/press-releases/innocent-north-carolina-man-exonerated-after-14-years-death-row After 14 years on death row/a, Mr. Jones, who had always maintained his innocence, was exonerated and released in 2008. We were among the lawyers working with Mr. Jones to win his freedom./p\npIn 2009, Mr. Jones was among three death row exonerees — found guilty and sentenced by all-white or nearly all-white juries — who lobbied in support of novel and transformative legislation that would allow people on death row to challenge their convictions if they could show race played a significant factor in their prosecution. Out of that effort, the state legislature passed the North Carolina Racial Justice Act (RJA)./p\npThe RJA was a historic and overdue piece of legislation that sought to rectify long standing racial injustices in death penalty cases. After its momentous passage in 2009, more than 100 people on death row filed RJA claims, challenging their convictions. We represented several of these people, bringing some of the first successful cases under the RJA and reducing four people’s sentences from death to life./p\npUnfortunately, a new conservative majority in the North Carolina Legislature repealed the law four years after it was passed./p\npBut the fight for justice never stopped. After a lengthy legal battle, the North Carolina Supreme Court ruled, in 2020, that all lawsuits brought under the RJA before its repeal could still move forward./p\npThat brings us to this month, where, in a landmark hearing, we’ll be back in court arguing on behalf of Hasson Bacote, a Black man who was sentenced to death after the prosecution prevented multiple qualified Black jurors from serving on his jury. He argues that race played an impermissible role in jury selection, not just in his case, but in all death penalty cases in North Carolina./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardPervasive Racial Discrimination in Jury Selection/h2\n\t\t\n\t\t\t/div\n pWe will come to court with statistical, case specific, and historical evidence that racial discrimination tainted jury selection in Mr. Bacote’s case, in Johnston County (where Mr. Bacote was prosecuted), and the entire state./p\npIn Mr. Bacote’s case, the prosecution a href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote?document=North-Carolina-v-Bacote-Amended-RJA-Motion-with-Exhibits#press-releasesstruck/a three times more Black prospective jurors than white prospective jurors. In Johnston County, prosecutors struck prospective jurors of color at nearly twice the rate of white prospective jurors in all capital cases. A similar pattern emerges across the state: in North Carolina capital cases, prosecutors struck Black prospective jurors at nearly twice the rate of white jurors./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote\n target=_blank\n tabindex=-1\n \n img width=3000 height=2058 src=https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295.jpg 3000w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-768x527.jpg 768w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-1536x1054.jpg 1536w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-2048x1405.jpg 2048w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-400x274.jpg 400w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-600x412.jpg 600w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-800x549.jpg 800w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-1000x686.jpg 1000w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-1200x823.jpg 1200w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-1400x960.jpg 1400w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-1600x1098.jpg 1600w sizes=(max-width: 3000px) 100vw, 3000px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote\n target=_blank\n \n North Carolina v. Hasson Bacote /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletHasson Bacote, a Black man from Johnston County, is challenging his death sentence under the North Carolina Racial Justice Act./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pHow have prosecutors gotten away with this?/p\npIn all criminal cases that go to trial, prosecutors and defense attorneys have what are known as “peremptory strikes” — that is, an attorney can remove a certain number of potential jurors for any reason. Often, prosecutors exclude Black jurors on the basis of their race./p\npEven though the landmark 1986 Supreme Court case, iBatson v. Kentucky,/i prohibited peremptory strikes on the basis of race or gender, unconstitutional juror discrimination persists./p\npOften, prosecutors offer pretextual — or disingenuous — reasons for excluding Black jurors and other jurors of color. In our previous RJA casei, /ia href=https://www.aclu.org/cases/north-carolina-v-robinson?document=north-carolina-v-robinson-orderiNorth Carolina v. Robinson/i/a, a judge found North Carolina prosecutors excluded Black jurors for pretextual, even irrational, reasons, interrogated Black jurors with invasive questions not posed to white jurors, and struck Black jurors even though they allowed white jurors with similar characteristics to remain in the jury pool./p\npWe even have a href=https://www.aclu.org/news/capital-punishment/will-north-carolinas-supreme-courtevidence/a of overt racism in jury selection which we’ve presented in past RJA cases. One prosecutor wrote in his notes that a Black juror with a criminal record was a “thug” while a white juror with a criminal record was “a fine guy;” a Black juror was described as a “blk wino” while a white juror with a DUI conviction was a “country boy – ok.” In another case, a prosecutor noted on a juror questionnaire that a Black woman was “too dumb.”/p\n figure class=wp-image mb-8\n\t\t img width=2294 height=1112 src=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM.png class=attachment-original size-original alt=Handwritten jury selection notes in which a black candidate was described as a “blk wino.” decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM.png 2294w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-768x372.png 768w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-1536x745.png 1536w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-2048x993.png 2048w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-400x194.png 400w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-600x291.png 600w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-800x388.png 800w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-1000x485.png 1000w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-1200x582.png 1200w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-1400x679.png 1400w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-1600x776.png 1600w sizes=(max-width: 2294px) 100vw, 2294px /\t\n\t\n\t /figure\n pThe effect of outright or pretextual racial discrimination is ultimately the same: Black prospective jurors are excluded from jury service at greater rates than white prospective jurors, and a person facing capital punishment is judged by a jury inot/i of their peers./p\npThe results of these unrepresentative juries are stark: Since 1990, a href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote?document=North-Carolina-v-Bacote-Amended-RJA-Motion-with-Exhibits#press-releasesevery Black person/a facing a capital prosecution in Johnston County has been sentenced to death./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardA Question of Democracy /h2\n\t\t\n\t\t\t/div\n pParticipation in the jury box is one of the fundamental ways Americans engage with their democracy. Even though the Thirteenth, Fourteenth, and Fifteenth amendments conferred citizenship rights and equal protection to Black Americans, the right to serve in a jury remains compromised by racial discrimination. Jury service — like the right to vote — is a question of democracy. Who do we consider part of our community, whose voices matter, who has power./p\npLevon “Bo” Jones’ voice mattered. Even though he was disenfranchised for the years he was wrongfully convicted, he became a powerful voice for freedom and equal justice. Because of his efforts and the efforts of other Black exonerees — survivors of the racist death penalty and criminal legal system — our client Hasson Bacote will have his day in court on February 26, and the opportunity to win relief for his case, and a ruling that could mean relief for almost all of North Carolina#8217;s death row./p\npRace has always been at the center of the death penalty. The RJA challenges give North Carolina the rare legal opportunity to confront that shameful fact. In court this month, we will take another step with our client Mr. Bacote to shed light on and rectify the harms that racism has caused in our legal system./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardThe Racial Justice Act: A Timeline/h2\n\t\t\n\t\t\t/div\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark1977/h2\n\t\t\n\t\t\t/div\n pNorth Carolina passes the current law authorizing the death penalty. Johnston County a href=https://www.newsobserver.com/news/local/article233018762.htmlremoves the KKK billboards /athat line the highway into Smithfield, the County Seat./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark1987/h2\n\t\t\n\t\t\t/div\n pIn iMcCleskey v. Kemp/i, the Supreme Court majority holds that, despite statistical evidence of racial discrimination in Georgia’s administration of the death penalty, there is no Equal Protection violation because the petitioner, Warren McCleskey, couldn’t show overt racial discrimination occurred in his case./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark1988/h2\n\t\t\n\t\t\t/div\n pA federal Racial Justice Act bill is drafted in response to iMcCleskey/i. The federal RJA ultimately passed the House of Representatives in 1992 and in 1994, but failed in the Senate./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark1998/h2\n\t\t\n\t\t\t/div\n pKentucky becomes the first state to enact a Racial Justice Act statute./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2007-2008/h2\n\t\t\n\t\t\t/div\n pThree Black men, Jonathan Hoffman, Levon Jones, and Glen Chapman, are exonerated from death row in North Carolina. All three innocent men, wrongfully convicted by all-white or nearly all-white juries, become inspired to help other people wrongfully convicted on the basis of race./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2009/h2\n\t\t\n\t\t\t/div\n pMr. Jones, Mr. Hoffman, and Mr. Chapman join with Darryl Hunt, another wrongfully convicted person charged with capital murder and later exonerated, to lobby the North Carolina Legislature. North Carolina enacted the Racial Justice Act in August, allowing people on death row to challenge their sentences if they could show race played a significant factor. The North Carolina law is the first law in the country to specify that statistical evidence of discrimination in jury selection and/or jury sentencing is sufficient proof to set aside a death sentence./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2009/h2\n\t\t\n\t\t\t/div\n pOur client, Hasson Bacote, is convicted of felony murder in Johnston County. Like every Black man tried in Johnston County, Mr. Bacote receives the death penalty./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2010/h2\n\t\t\n\t\t\t/div\n pIn August, more than 100 people on North Carolina’s death row filed RJA motions. At least 30 of those people were sentenced to death by all-white juries./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2010/h2\n\t\t\n\t\t\t/div\n pIn November, control of the North Carolina General Assembly flipped from Democratic control to Republican control. A single Republican donor, Art Pope, was connected toa href=https://www.npr.org/2011/10/06/141078608/the-multimillionaire-helping-republicans-win-n-c 75 percent/a of all outside group spending on the race, spending millions on small local campaigns. Some of these groups ran ads deliberately attacking candidates for voting for the Racial Justice Act. Ironically, these ads profiled a href=https://nccadp.org/stories/henry-mccollum-leon-brown/Henry McCollum/a, a Black man then on North Carolina’s death row who would ultimately be exonerated./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2012/h2\n\t\t\n\t\t\t/div\n pNorth Carolina Gov. Beverly Perdue issued pardons of innocence to the defendants in the a href=https://www.cnn.com/2012/12/31/justice/north-carolina-wilmington-10/index.htmlWilmington 10 case/a on December 31, citing “the dominant role that racism played in jury selection.” The prosecution’s jury selection notes included overt race-based bias, such as a capital B written next to the name of every Black juror, and “KKK good!!” written next to the names of at least six prospective jurors./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2012/h2\n\t\t\n\t\t\t/div\n pThe first RJA case in the country is heard by a superior court judge in Cumberland County in a href=https://www.aclu.org/cases/north-carolina-v-robinsoniNorth Carolina v. Robinson/i/a. The death row petitioner, Marcus Robinson, proved widespread discrimination in jury selection across North Carolina, in Cumberland County, and in his own case. a href=https://www.aclu.org/cases/north-carolina-v-tilmon-golphin-christina-walters-and-quintel-augustineThree other cases/a were heard in Cumberland County later that year based on similar evidence, and those challengers, Tilmon Golphin, Christina Walters, and Quintel Augustine, also prevailed. The state sought review of these decisions by the North Carolina Supreme Court./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2013/h2\n\t\t\n\t\t\t/div\n pThe North Carolina Legislature repealed the Racial Justice Act on June 19 and overrode the governor’s veto./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2015/h2\n\t\t\n\t\t\t/div\n pThe North Carolina Supreme Court held that prosecutors should have been given more time to prepare for the Cumberland County RJA hearings, vacated the decisions, and remanded for new cases. This meant that the iRobinson/i and other Cumberland County case orders had no precedential value./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2017/h2\n\t\t\n\t\t\t/div\n pA North Carolina Superior Court dismissed the claims of Mr. Robinson and the other three people in Cumberland County, holding that the legislature’s repeal was retroactive and required dismissal of their cases. The four defendants sought review./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2019/h2\n\t\t\n\t\t\t/div\n pCharles Finch, a Black man, is exonerated from North Carolina’s death row. Mr. Finch is the 12th person exonerated in North Carolina since the death penalty was reinstated in 1973. a href=https://deathpenaltyinfo.org/database/innocence?state=North+CarolinaEleven of the 12/a men exonerated are men of color and 10 are Black men./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2020/h2\n\t\t\n\t\t\t/div\n pIn iState v. Ramseur/i, and iState v. Burke/i, the North Carolina Supreme Court held that application of the repeal to bar review of properly-filed RJA claims violated the Ex Post Facto clause of the North Carolina Constitution. This ruling effectively reinstated the more than 100 filed claims by people on death row, including Hasson Bacote./p\npIn iState v. Robinson/i, the Hon. Justice Cheri L. Beasley, the first African-American woman to serve as Chief Justice of the North Carolina Supreme Court, wrote for the majority in an opinion that cataloged the history of Black citizens’ exclusion from jury service in the United States and North Carolina, and the failure of state appellate courts to confront the problem. The state Supreme Court reinstated the life sentences of Marcus Robinson, Tilmon Golphin, Christina Walters, and Quintel Augustine./p","short_content":"pWith his white handlebar mustache, Levon “Bo” Jones was a striking and unmistakable presence. Mr. Jones, a Black man from Duplin County, North Carolina, was wrongfully convicted in 1993 and sentenced to death. a href=https://www.aclu.org/press-releases/innocent-north-carolina-ma...","content_html":"pWith his white handlebar mustache, Levon “Bo” Jones was a striking and unmistakable presence. Mr. Jones, a Black man from Duplin County, North Carolina, was wrongfully convicted in 1993 and sentenced to death. a href=https://www.aclu.org/press-releases/innocent-north-carolina-man-exonerated-after-14-years-death-row After 14 years on death row/a, Mr. Jones, who had always maintained his innocence, was exonerated and released in 2008. We were among the lawyers working with Mr. Jones to win his freedom./p\npIn 2009, Mr. Jones was among three death row exonerees — found guilty and sentenced by all-white or nearly all-white juries — who lobbied in support of novel and transformative legislation that would allow people on death row to challenge their convictions if they could show race played a significant factor in their prosecution. Out of that effort, the state legislature passed the North Carolina Racial Justice Act (RJA)./p\npThe RJA was a historic and overdue piece of legislation that sought to rectify long standing racial injustices in death penalty cases. After its momentous passage in 2009, more than 100 people on death row filed RJA claims, challenging their convictions. We represented several of these people, bringing some of the first successful cases under the RJA and reducing four people’s sentences from death to life./p\npUnfortunately, a new conservative majority in the North Carolina Legislature repealed the law four years after it was passed./p\npBut the fight for justice never stopped. After a lengthy legal battle, the North Carolina Supreme Court ruled, in 2020, that all lawsuits brought under the RJA before its repeal could still move forward./p\npThat brings us to this month, where, in a landmark hearing, we’ll be back in court arguing on behalf of Hasson Bacote, a Black man who was sentenced to death after the prosecution prevented multiple qualified Black jurors from serving on his jury. He argues that race played an impermissible role in jury selection, not just in his case, but in all death penalty cases in North Carolina./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardPervasive Racial Discrimination in Jury Selection/h2\n\t\t\n\t\t\t/div\n pWe will come to court with statistical, case specific, and historical evidence that racial discrimination tainted jury selection in Mr. Bacote’s case, in Johnston County (where Mr. Bacote was prosecuted), and the entire state./p\npIn Mr. Bacote’s case, the prosecution a href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote?document=North-Carolina-v-Bacote-Amended-RJA-Motion-with-Exhibits#press-releasesstruck/a three times more Black prospective jurors than white prospective jurors. In Johnston County, prosecutors struck prospective jurors of color at nearly twice the rate of white prospective jurors in all capital cases. A similar pattern emerges across the state: in North Carolina capital cases, prosecutors struck Black prospective jurors at nearly twice the rate of white jurors./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote\n target=_blank\n tabindex=-1\n \n img width=3000 height=2058 src=https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295.jpg 3000w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-768x527.jpg 768w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-1536x1054.jpg 1536w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-2048x1405.jpg 2048w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-400x274.jpg 400w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-600x412.jpg 600w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-800x549.jpg 800w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-1000x686.jpg 1000w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-1200x823.jpg 1200w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-1400x960.jpg 1400w, https://www.aclu.org/wp-content/uploads/2023/12/39338ce9384b4dff4baa9810b8eb2295-1600x1098.jpg 1600w sizes=(max-width: 3000px) 100vw, 3000px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote\n target=_blank\n \n North Carolina v. Hasson Bacote /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletHasson Bacote, a Black man from Johnston County, is challenging his death sentence under the North Carolina Racial Justice Act./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pHow have prosecutors gotten away with this?/p\npIn all criminal cases that go to trial, prosecutors and defense attorneys have what are known as “peremptory strikes” — that is, an attorney can remove a certain number of potential jurors for any reason. Often, prosecutors exclude Black jurors on the basis of their race./p\npEven though the landmark 1986 Supreme Court case, iBatson v. Kentucky,/i prohibited peremptory strikes on the basis of race or gender, unconstitutional juror discrimination persists./p\npOften, prosecutors offer pretextual — or disingenuous — reasons for excluding Black jurors and other jurors of color. In our previous RJA casei, /ia href=https://www.aclu.org/cases/north-carolina-v-robinson?document=north-carolina-v-robinson-orderiNorth Carolina v. Robinson/i/a, a judge found North Carolina prosecutors excluded Black jurors for pretextual, even irrational, reasons, interrogated Black jurors with invasive questions not posed to white jurors, and struck Black jurors even though they allowed white jurors with similar characteristics to remain in the jury pool./p\npWe even have a href=https://www.aclu.org/news/capital-punishment/will-north-carolinas-supreme-courtevidence/a of overt racism in jury selection which we’ve presented in past RJA cases. One prosecutor wrote in his notes that a Black juror with a criminal record was a “thug” while a white juror with a criminal record was “a fine guy;” a Black juror was described as a “blk wino” while a white juror with a DUI conviction was a “country boy – ok.” In another case, a prosecutor noted on a juror questionnaire that a Black woman was “too dumb.”/p\n figure class=wp-image mb-8\n\t\t img width=2294 height=1112 src=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM.png class=attachment-original size-original alt=Handwritten jury selection notes in which a black candidate was described as a “blk wino.” decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM.png 2294w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-768x372.png 768w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-1536x745.png 1536w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-2048x993.png 2048w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-400x194.png 400w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-600x291.png 600w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-800x388.png 800w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-1000x485.png 1000w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-1200x582.png 1200w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-1400x679.png 1400w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-21-at-3.32.06-PM-1600x776.png 1600w sizes=(max-width: 2294px) 100vw, 2294px /\t\n\t\n\t /figure\n pThe effect of outright or pretextual racial discrimination is ultimately the same: Black prospective jurors are excluded from jury service at greater rates than white prospective jurors, and a person facing capital punishment is judged by a jury inot/i of their peers./p\npThe results of these unrepresentative juries are stark: Since 1990, a href=https://www.aclu.org/cases/north-carolina-v-hasson-bacote?document=North-Carolina-v-Bacote-Amended-RJA-Motion-with-Exhibits#press-releasesevery Black person/a facing a capital prosecution in Johnston County has been sentenced to death./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardA Question of Democracy /h2\n\t\t\n\t\t\t/div\n pParticipation in the jury box is one of the fundamental ways Americans engage with their democracy. Even though the Thirteenth, Fourteenth, and Fifteenth amendments conferred citizenship rights and equal protection to Black Americans, the right to serve in a jury remains compromised by racial discrimination. Jury service — like the right to vote — is a question of democracy. Who do we consider part of our community, whose voices matter, who has power./p\npLevon “Bo” Jones’ voice mattered. Even though he was disenfranchised for the years he was wrongfully convicted, he became a powerful voice for freedom and equal justice. Because of his efforts and the efforts of other Black exonerees — survivors of the racist death penalty and criminal legal system — our client Hasson Bacote will have his day in court on February 26, and the opportunity to win relief for his case, and a ruling that could mean relief for almost all of North Carolina#8217;s death row./p\npRace has always been at the center of the death penalty. The RJA challenges give North Carolina the rare legal opportunity to confront that shameful fact. In court this month, we will take another step with our client Mr. Bacote to shed light on and rectify the harms that racism has caused in our legal system./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardThe Racial Justice Act: A Timeline/h2\n\t\t\n\t\t\t/div\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark1977/h2\n\t\t\n\t\t\t/div\n pNorth Carolina passes the current law authorizing the death penalty. Johnston County a href=https://www.newsobserver.com/news/local/article233018762.htmlremoves the KKK billboards /athat line the highway into Smithfield, the County Seat./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark1987/h2\n\t\t\n\t\t\t/div\n pIn iMcCleskey v. Kemp/i, the Supreme Court majority holds that, despite statistical evidence of racial discrimination in Georgia’s administration of the death penalty, there is no Equal Protection violation because the petitioner, Warren McCleskey, couldn’t show overt racial discrimination occurred in his case./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark1988/h2\n\t\t\n\t\t\t/div\n pA federal Racial Justice Act bill is drafted in response to iMcCleskey/i. The federal RJA ultimately passed the House of Representatives in 1992 and in 1994, but failed in the Senate./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark1998/h2\n\t\t\n\t\t\t/div\n pKentucky becomes the first state to enact a Racial Justice Act statute./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2007-2008/h2\n\t\t\n\t\t\t/div\n pThree Black men, Jonathan Hoffman, Levon Jones, and Glen Chapman, are exonerated from death row in North Carolina. All three innocent men, wrongfully convicted by all-white or nearly all-white juries, become inspired to help other people wrongfully convicted on the basis of race./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2009/h2\n\t\t\n\t\t\t/div\n pMr. Jones, Mr. Hoffman, and Mr. Chapman join with Darryl Hunt, another wrongfully convicted person charged with capital murder and later exonerated, to lobby the North Carolina Legislature. North Carolina enacted the Racial Justice Act in August, allowing people on death row to challenge their sentences if they could show race played a significant factor. The North Carolina law is the first law in the country to specify that statistical evidence of discrimination in jury selection and/or jury sentencing is sufficient proof to set aside a death sentence./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2009/h2\n\t\t\n\t\t\t/div\n pOur client, Hasson Bacote, is convicted of felony murder in Johnston County. Like every Black man tried in Johnston County, Mr. Bacote receives the death penalty./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2010/h2\n\t\t\n\t\t\t/div\n pIn August, more than 100 people on North Carolina’s death row filed RJA motions. At least 30 of those people were sentenced to death by all-white juries./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2010/h2\n\t\t\n\t\t\t/div\n pIn November, control of the North Carolina General Assembly flipped from Democratic control to Republican control. A single Republican donor, Art Pope, was connected toa href=https://www.npr.org/2011/10/06/141078608/the-multimillionaire-helping-republicans-win-n-c 75 percent/a of all outside group spending on the race, spending millions on small local campaigns. Some of these groups ran ads deliberately attacking candidates for voting for the Racial Justice Act. Ironically, these ads profiled a href=https://nccadp.org/stories/henry-mccollum-leon-brown/Henry McCollum/a, a Black man then on North Carolina’s death row who would ultimately be exonerated./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2012/h2\n\t\t\n\t\t\t/div\n pNorth Carolina Gov. Beverly Perdue issued pardons of innocence to the defendants in the a href=https://www.cnn.com/2012/12/31/justice/north-carolina-wilmington-10/index.htmlWilmington 10 case/a on December 31, citing “the dominant role that racism played in jury selection.” The prosecution’s jury selection notes included overt race-based bias, such as a capital B written next to the name of every Black juror, and “KKK good!!” written next to the names of at least six prospective jurors./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2012/h2\n\t\t\n\t\t\t/div\n pThe first RJA case in the country is heard by a superior court judge in Cumberland County in a href=https://www.aclu.org/cases/north-carolina-v-robinsoniNorth Carolina v. Robinson/i/a. The death row petitioner, Marcus Robinson, proved widespread discrimination in jury selection across North Carolina, in Cumberland County, and in his own case. a href=https://www.aclu.org/cases/north-carolina-v-tilmon-golphin-christina-walters-and-quintel-augustineThree other cases/a were heard in Cumberland County later that year based on similar evidence, and those challengers, Tilmon Golphin, Christina Walters, and Quintel Augustine, also prevailed. The state sought review of these decisions by the North Carolina Supreme Court./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2013/h2\n\t\t\n\t\t\t/div\n pThe North Carolina Legislature repealed the Racial Justice Act on June 19 and overrode the governor’s veto./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2015/h2\n\t\t\n\t\t\t/div\n pThe North Carolina Supreme Court held that prosecutors should have been given more time to prepare for the Cumberland County RJA hearings, vacated the decisions, and remanded for new cases. This meant that the iRobinson/i and other Cumberland County case orders had no precedential value./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2017/h2\n\t\t\n\t\t\t/div\n pA North Carolina Superior Court dismissed the claims of Mr. Robinson and the other three people in Cumberland County, holding that the legislature’s repeal was retroactive and required dismissal of their cases. The four defendants sought review./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2019/h2\n\t\t\n\t\t\t/div\n pCharles Finch, a Black man, is exonerated from North Carolina’s death row. Mr. Finch is the 12th person exonerated in North Carolina since the death penalty was reinstated in 1973. a href=https://deathpenaltyinfo.org/database/innocence?state=North+CarolinaEleven of the 12/a men exonerated are men of color and 10 are Black men./p\n\tdiv class=wp-heading mb-8\n\t\t\t\t\thr class=mark /\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-mark2020/h2\n\t\t\n\t\t\t/div\n pIn iState v. Ramseur/i, and iState v. Burke/i, the North Carolina Supreme Court held that application of the repeal to bar review of properly-filed RJA claims violated the Ex Post Facto clause of the North Carolina Constitution. This ruling effectively reinstated the more than 100 filed claims by people on death row, including Hasson Bacote./p\npIn iState v. Robinson/i, the Hon. Justice Cheri L. Beasley, the first African-American woman to serve as Chief Justice of the North Carolina Supreme Court, wrote for the majority in an opinion that cataloged the history of Black citizens’ exclusion from jury service in the United States and North Carolina, and the failure of state appellate courts to confront the problem. The state Supreme Court reinstated the life sentences of Marcus Robinson, Tilmon Golphin, Christina Walters, and Quintel Augustine./p
","short_content_html":"pWith his white handlebar mustache, Levon “Bo” Jones was a striking and unmistakable presence. Mr. Jones, a Black man from Duplin County, North Carolina, was wrongfully convicted in 1993 and sentenced to death. a href=https://www.aclu.org/press-releases/innocent-north-carolina-ma...
","date_published":"2024-02-22T19:05:30Z","date_modified":null,"date_collected":"2024-02-23T06:23:20.212712Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/capital-punishment/challenging-the-racist-death-penalty-in-north-carolina","tags":["Criminal Law Reform","Civil Liberties","Racial Disparities and the Death Penalty","Capital Punishment"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/448625ac-00c7-490c-a7c6-41209383a387","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"448625ac-00c7-490c-a7c6-41209383a387","external_link":null,"title":"A Plan to Block Trans Health Care in Ohio Was Stopped — But the Fight Isn’t Over","content":"pOn January 5, Governor DeWine introduced draft rules that, if implemented, would have resulted in thousands of transgender people in Ohio going without the health care they need, and forcing many to move out of their home state — including my friend, Emma. Due to an outpouring of dissent from the trans community, those proposed rules will not go into effect./p\npFor years, politicians across the nation have been pushing legislation that would block critical gender-affirming medical care for transgender people, taking life-saving health care decisions out of the hands of trans people, their doctors, and their families, and putting it in the hands of politicians. Much of this legislation has focused on spreading inaccuracies and stoking fear specifically about care for trans youth. But the Ohio government tried to take it even further. DeWine’s proposed rules were the most extreme regulations on medical treatment for transgender adults anywhere in the United States, and would have prevented children and adults alike from receiving medically-necessary care. These changes were not based in any medical science, and were proposed against the recommendations of every major medical organization in the nation, despite the outcries from the trans community./p\npEmma and I are both born and raised Ohioans. We have frequently shared our fear and disappointment in the actions of Ohio’s political leaders and how out of touch they are with the wants and needs of Ohio communities. We were both part of the thousands of people who submitted comments in opposition to the opposed rules, and we both know that this is a victory worth celebrating — but also that these planned attacks against the trans community in Ohio are not in the past. I sat down with Emma to talk through what these proposed bans would have meant for her and her trans community, and how we can continue working to defend trans rights in Ohio and across the nation./p\n\n div class=wp-sizing-container sizing--half alignment--right\n figure class=wp-image mb-8\n\t\t img width=1080 height=1316 src=https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1.jpg class=attachment-original size-original alt=A photo of Emma M. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1.jpg 1080w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-768x936.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-400x487.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-600x731.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-800x975.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-1000x1219.jpg 1000w sizes=(max-width: 1080px) 100vw, 1080px /\t\n\t\t figcaption class=wp-image__caption is-caption mt-3pEmma M./p\n/figcaption\n\t\n\t /figure\n /div\n pbHanna:/b iHow would the proposed changes to transgender health care access in Ohio have impacted you? How would they have impacted your friends and other trans people in the state?/i/p\npbEmma/bbi:/i/b I#8217;ve lived my whole life in Ohio. It#8217;s my home, somewhere I can be myself and be supported by my friends and family. Since the proposed changes were announced, I#8217;ve seen the future I envisioned for myself here change drastically. If trans health care access was restricted for adults, many of us would be forced to move. Friends had told me all the places they#8217;re considering moving to, and others were planning on leaving the country entirely. I know plenty of others, myself included, who want to stay and fight it. It#8217;s hard though. To make it through the day, you have to have some sort of plan about what to do when things get bad. If I am ever forced to [leave], I know I#8217;ll be able to move somewhere and be okay, but not everyone can move; it#8217;s expensive, and it#8217;s daunting to have to find a job somewhere else away from our friends and families./p\npbHanna:/b iHow do the limits on health care for trans youth tie into the proposed restrictions for the care you receive? /i/p\npbEmma:/b If you#8217;re a trans kid in Ohio, you#8217;re being told that you can#8217;t be who you want to be until you#8217;re an adult. You reach adulthood, and then the state still is trying to put laws in place to limit your access to health care. It#8217;s just cruel because it makes it that much harder to be hopeful as a trans kid. Suicide rates among trans youth are already frighteningly high, and we know how to lower them. This is why we spread mantras like Protect Trans Kids, they#8217;re in an increasingly difficult situation and need support. The proposed changes made me more concerned for trans youth in particular, because I think it would be really difficult to remain hopeful in the face of these extra barriers. You#8217;d have to make it to adulthood, save money not just for the myriad of expenses that are typical for transition, but also to move out of state. To all trans kids, I want you to know that things will get better. It#8217;s up to the rest of us to fight back and make sure we#8217;re providing a future to look forward to for the trans youth of Ohio./p\npbHanna:/b iWhat can people do to help, whether they’re in Ohio or wanting to support from afar when these kind of attacks on trans care are introduced by politicians? /i/p\npbEmma:/b People can do a couple things to show support. First, check in on your trans friends and family. It#8217;s pretty hard on our mental health when laws like this are proposed or passed, even if they’re eventually defeated, and it#8217;s helpful to know that our loved ones are here for us. It is incredibly stressful thinking about how these changes would impact our access to health care. Outside of that, we need help pushing back on the laws themselves. Show up to protests, submit your feedback online, or call your representatives to let them know how you feel about anti-trans legislation. Right now, trans people are looking to our friends to speak up and speak out. We can#8217;t fight this battle alone. If you can, there are many great organizations worth donating to as well, like the ACLU, the ACLU of Ohio, or the TransOhio Emergency Fund, to both push back on harmful legislation and provide trans people with much needed assistance./p\n div class=wp-audio mb-8\n\t\tdiv class=wp-audio__content\n\t\t\tspan class=wp-audio__episode-title is-hidden-tablet is-hidden-desktop is-size-5 is-size-6-mobile\n\t\t\t\tThe Way Forward for Trans Justice\t\t\t/span\n\t\tdiv class=wp-audio__metadata columns\n\t\t\tdiv class=column\n\t\t\t\tspan class=wp-audio__episode-title is-hidden-mobile is-size-5 is-size-6-mobileThe Way Forward for Trans Justice/span\n\t\t\t\t\t\t\t\t\tp class=wp-audio__episode-description line-clamp-3 is-size-6 is-hidden-mobile\n\t\t\t\t\t\tLast year, states passed a record number of bills restricting health care, athletics, public accommodations, expression, and educational materials for trans people — trans kids, more specifically. With the turn of a new year, the situation continu...\t\t\t\t\t/p\n\t\t\t\t\tp class=wp-audio__episode-description line-clamp-5 is-size-7 is-hidden-tablet is-hidden-desktop\n\t\t\t\t\t\tLast year, states passed a record number of bills restricting health care, athletics, public accommodations, expression, and educational materials for trans people — trans kids, more specifically. With the turn of a new year, the situation continu...\t\t\t\t\t/p\n\t\t\t\t\t\t\t/div\n\t\t\tdiv class=wp-audio__thumbnail-wrapper column\n\t\t\t\timg\n\t\t\t\tclass=wp-audio__thumbnail\n\t\t\t\tsrc=https://www.aclu.org/wp-content/themes/aclu-wp/img/at-liberty_500x500.jpg\n\t\t\t\talt=Cover artwork for \n\t\t\t\t/\n\t\t\t/div\n\t\t/div\n\t/div\n\tdiv class=wp-audio__links is-flex is-align-items-center pl-none pl-4-tablet\n\t\tdiv class=wp-audio__links-episode is-size-7 has-text-grey has-text-weight-bold p-4\n\t\t\ta href=https://www.aclu.org/podcast/the-way-forward-for-trans-justice class=visit-link p-none mb-none no-underline column\n\t\t\t\tspan class=visit-link__textVisit this episode/spanspan class=icon caret is-dark right /\n\t\t\t/a\n\t\t/div\n\t/div\n /div\n pbHanna:/b iWhat would it mean for you and your community if DeWine’s proposed changes to trans health care had taken effect? /i/p\npbEmma:/b It would have been devastating, because we#8217;ve fought for this to be our home. It would have been a very clear announcement that we aren#8217;t welcome here, and that legislators will keep trying to push us out. Not everyone can afford to move to the safety of another state. It#8217;s already a struggle for some trans adults to access medical care, largely because of long wait times. I think these proposed changes would have worsened that issue and placed an unfair burden on trans people that would have negatively affected our physical and mental health. I didn’t believe these changes were an accurate representation of what the people of Ohio wanted, and I#8217;m grateful that with enough awareness, people provided the support we needed to shut down these proposals. It was an immeasurable relief that the proposals were changed, thanks to a massive influx of comments from the community. I think there#8217;s more to be done, it#8217;s easy to fall into a false sense of security now that some provisions have been walked back, but the reality is trans youth is still actively affected and trans adults remain a political target. We need to keep this energy, this outpouring of support, to prevent future attempts by the state against trans rights./p\npbHanna:/b iHow has access to gender-affirming care affected your quality of life?/i/p\npbEmma:/b Unequivocally, I can say gender-affirming care saved my life. It#8217;s difficult for me to explain what it was like before I came out and had access to gender-affirming care. I had been dangerously depressed for a long time and didn#8217;t have hope that things were going to get better. It felt like I was living someone else#8217;s life, where none of the pieces fit. I think from the outside it seemed like I should have been happy. I had a loving family, a great group of friends, and did well in school. The reality was that I was disconnected from it, and tried desperately to hide how hopeless I felt. I was unaware that there were other people like me, and there were resources to help transition. Luckily, I came out and had support from friends and family. I#8217;m truly happy with my life now, and hopeful for my future. Gender-affirming care isn#8217;t just hormones or surgeries, it#8217;s a whole range of things that might not be the same for everyone. For me, the first thing was seeing a therapist who helped me work through my anxieties related to transitioning, then other medical professionals to start hormone replacement therapy. They made sure I was well informed through every step in the process. It lifted that weight off my shoulders, helped me feel at home in my body. Being happy in your body is fundamental, and because of that, I#8217;m able to find joy in things I didn#8217;t before. The reality was that before, hobbies were just a way to distract myself, and now they#8217;re things I choose to pursue for happiness. I#8217;ve picked up softball, reading, music, and even sewing. I attribute the change in my mental health completely to gender-affirming care, it#8217;s helped me to see myself and life in a new light. Gender-affirming care gave me the hope I needed to continue, and I#8217;m thankful everyday for it./p\n\t\tdiv class=rss-ctadiv class=rss-cta__subtitleWhat you can do:/divdiv class=rss-cta__titleProtect Trans Care Now/diva href=https://action.aclu.org/send-message/protect-trans-care-now class=rss-cta__buttonSend your message/a/div","short_content":"pOn January 5, Governor DeWine introduced draft rules that, if implemented, would have resulted in thousands of transgender people in Ohio going without the health care they need, and forcing many to move out of their home state — including my friend, Emma. Due to an outpouring o...","content_html":"pOn January 5, Governor DeWine introduced draft rules that, if implemented, would have resulted in thousands of transgender people in Ohio going without the health care they need, and forcing many to move out of their home state — including my friend, Emma. Due to an outpouring of dissent from the trans community, those proposed rules will not go into effect./p\npFor years, politicians across the nation have been pushing legislation that would block critical gender-affirming medical care for transgender people, taking life-saving health care decisions out of the hands of trans people, their doctors, and their families, and putting it in the hands of politicians. Much of this legislation has focused on spreading inaccuracies and stoking fear specifically about care for trans youth. But the Ohio government tried to take it even further. DeWine’s proposed rules were the most extreme regulations on medical treatment for transgender adults anywhere in the United States, and would have prevented children and adults alike from receiving medically-necessary care. These changes were not based in any medical science, and were proposed against the recommendations of every major medical organization in the nation, despite the outcries from the trans community./p\npEmma and I are both born and raised Ohioans. We have frequently shared our fear and disappointment in the actions of Ohio’s political leaders and how out of touch they are with the wants and needs of Ohio communities. We were both part of the thousands of people who submitted comments in opposition to the opposed rules, and we both know that this is a victory worth celebrating — but also that these planned attacks against the trans community in Ohio are not in the past. I sat down with Emma to talk through what these proposed bans would have meant for her and her trans community, and how we can continue working to defend trans rights in Ohio and across the nation./p\n\n div class=wp-sizing-container sizing--half alignment--right\n figure class=wp-image mb-8\n\t\t img width=1080 height=1316 src=https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1.jpg class=attachment-original size-original alt=A photo of Emma M. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1.jpg 1080w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-768x936.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-400x487.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-600x731.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-800x975.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-1000x1219.jpg 1000w sizes=(max-width: 1080px) 100vw, 1080px /\t\n\t\t figcaption class=wp-image__caption is-caption mt-3pEmma M./p\n/figcaption\n\t\n\t /figure\n /div\n pbHanna:/b iHow would the proposed changes to transgender health care access in Ohio have impacted you? How would they have impacted your friends and other trans people in the state?/i/p\npbEmma/bbi:/i/b I#8217;ve lived my whole life in Ohio. It#8217;s my home, somewhere I can be myself and be supported by my friends and family. Since the proposed changes were announced, I#8217;ve seen the future I envisioned for myself here change drastically. If trans health care access was restricted for adults, many of us would be forced to move. Friends had told me all the places they#8217;re considering moving to, and others were planning on leaving the country entirely. I know plenty of others, myself included, who want to stay and fight it. It#8217;s hard though. To make it through the day, you have to have some sort of plan about what to do when things get bad. If I am ever forced to [leave], I know I#8217;ll be able to move somewhere and be okay, but not everyone can move; it#8217;s expensive, and it#8217;s daunting to have to find a job somewhere else away from our friends and families./p\npbHanna:/b iHow do the limits on health care for trans youth tie into the proposed restrictions for the care you receive? /i/p\npbEmma:/b If you#8217;re a trans kid in Ohio, you#8217;re being told that you can#8217;t be who you want to be until you#8217;re an adult. You reach adulthood, and then the state still is trying to put laws in place to limit your access to health care. It#8217;s just cruel because it makes it that much harder to be hopeful as a trans kid. Suicide rates among trans youth are already frighteningly high, and we know how to lower them. This is why we spread mantras like Protect Trans Kids, they#8217;re in an increasingly difficult situation and need support. The proposed changes made me more concerned for trans youth in particular, because I think it would be really difficult to remain hopeful in the face of these extra barriers. You#8217;d have to make it to adulthood, save money not just for the myriad of expenses that are typical for transition, but also to move out of state. To all trans kids, I want you to know that things will get better. It#8217;s up to the rest of us to fight back and make sure we#8217;re providing a future to look forward to for the trans youth of Ohio./p\npbHanna:/b iWhat can people do to help, whether they’re in Ohio or wanting to support from afar when these kind of attacks on trans care are introduced by politicians? /i/p\npbEmma:/b People can do a couple things to show support. First, check in on your trans friends and family. It#8217;s pretty hard on our mental health when laws like this are proposed or passed, even if they’re eventually defeated, and it#8217;s helpful to know that our loved ones are here for us. It is incredibly stressful thinking about how these changes would impact our access to health care. Outside of that, we need help pushing back on the laws themselves. Show up to protests, submit your feedback online, or call your representatives to let them know how you feel about anti-trans legislation. Right now, trans people are looking to our friends to speak up and speak out. We can#8217;t fight this battle alone. If you can, there are many great organizations worth donating to as well, like the ACLU, the ACLU of Ohio, or the TransOhio Emergency Fund, to both push back on harmful legislation and provide trans people with much needed assistance./p\n div class=wp-audio mb-8\n\t\tdiv class=wp-audio__content\n\t\t\tspan class=wp-audio__episode-title is-hidden-tablet is-hidden-desktop is-size-5 is-size-6-mobile\n\t\t\t\tThe Way Forward for Trans Justice\t\t\t/span\n\t\tdiv class=wp-audio__metadata columns\n\t\t\tdiv class=column\n\t\t\t\tspan class=wp-audio__episode-title is-hidden-mobile is-size-5 is-size-6-mobileThe Way Forward for Trans Justice/span\n\t\t\t\t\t\t\t\t\tp class=wp-audio__episode-description line-clamp-3 is-size-6 is-hidden-mobile\n\t\t\t\t\t\tLast year, states passed a record number of bills restricting health care, athletics, public accommodations, expression, and educational materials for trans people — trans kids, more specifically. With the turn of a new year, the situation continu...\t\t\t\t\t/p\n\t\t\t\t\tp class=wp-audio__episode-description line-clamp-5 is-size-7 is-hidden-tablet is-hidden-desktop\n\t\t\t\t\t\tLast year, states passed a record number of bills restricting health care, athletics, public accommodations, expression, and educational materials for trans people — trans kids, more specifically. With the turn of a new year, the situation continu...\t\t\t\t\t/p\n\t\t\t\t\t\t\t/div\n\t\t\tdiv class=wp-audio__thumbnail-wrapper column\n\t\t\t\timg\n\t\t\t\tclass=wp-audio__thumbnail\n\t\t\t\tsrc=https://www.aclu.org/wp-content/themes/aclu-wp/img/at-liberty_500x500.jpg\n\t\t\t\talt=Cover artwork for \n\t\t\t\t/\n\t\t\t/div\n\t\t/div\n\t/div\n\tdiv class=wp-audio__links is-flex is-align-items-center pl-none pl-4-tablet\n\t\tdiv class=wp-audio__links-episode is-size-7 has-text-grey has-text-weight-bold p-4\n\t\t\ta href=https://www.aclu.org/podcast/the-way-forward-for-trans-justice class=visit-link p-none mb-none no-underline column\n\t\t\t\tspan class=visit-link__textVisit this episode/spanspan class=icon caret is-dark right /\n\t\t\t/a\n\t\t/div\n\t/div\n /div\n pbHanna:/b iWhat would it mean for you and your community if DeWine’s proposed changes to trans health care had taken effect? /i/p\npbEmma:/b It would have been devastating, because we#8217;ve fought for this to be our home. It would have been a very clear announcement that we aren#8217;t welcome here, and that legislators will keep trying to push us out. Not everyone can afford to move to the safety of another state. It#8217;s already a struggle for some trans adults to access medical care, largely because of long wait times. I think these proposed changes would have worsened that issue and placed an unfair burden on trans people that would have negatively affected our physical and mental health. I didn’t believe these changes were an accurate representation of what the people of Ohio wanted, and I#8217;m grateful that with enough awareness, people provided the support we needed to shut down these proposals. It was an immeasurable relief that the proposals were changed, thanks to a massive influx of comments from the community. I think there#8217;s more to be done, it#8217;s easy to fall into a false sense of security now that some provisions have been walked back, but the reality is trans youth is still actively affected and trans adults remain a political target. We need to keep this energy, this outpouring of support, to prevent future attempts by the state against trans rights./p\npbHanna:/b iHow has access to gender-affirming care affected your quality of life?/i/p\npbEmma:/b Unequivocally, I can say gender-affirming care saved my life. It#8217;s difficult for me to explain what it was like before I came out and had access to gender-affirming care. I had been dangerously depressed for a long time and didn#8217;t have hope that things were going to get better. It felt like I was living someone else#8217;s life, where none of the pieces fit. I think from the outside it seemed like I should have been happy. I had a loving family, a great group of friends, and did well in school. The reality was that I was disconnected from it, and tried desperately to hide how hopeless I felt. I was unaware that there were other people like me, and there were resources to help transition. Luckily, I came out and had support from friends and family. I#8217;m truly happy with my life now, and hopeful for my future. Gender-affirming care isn#8217;t just hormones or surgeries, it#8217;s a whole range of things that might not be the same for everyone. For me, the first thing was seeing a therapist who helped me work through my anxieties related to transitioning, then other medical professionals to start hormone replacement therapy. They made sure I was well informed through every step in the process. It lifted that weight off my shoulders, helped me feel at home in my body. Being happy in your body is fundamental, and because of that, I#8217;m able to find joy in things I didn#8217;t before. The reality was that before, hobbies were just a way to distract myself, and now they#8217;re things I choose to pursue for happiness. I#8217;ve picked up softball, reading, music, and even sewing. I attribute the change in my mental health completely to gender-affirming care, it#8217;s helped me to see myself and life in a new light. Gender-affirming care gave me the hope I needed to continue, and I#8217;m thankful everyday for it./p\n\t\tdiv class=rss-ctadiv class=rss-cta__subtitleWhat you can do:/divdiv class=rss-cta__titleProtect Trans Care Now/diva href=https://action.aclu.org/send-message/protect-trans-care-now class=rss-cta__buttonSend your message/a/div
","short_content_html":"pOn January 5, Governor DeWine introduced draft rules that, if implemented, would have resulted in thousands of transgender people in Ohio going without the health care they need, and forcing many to move out of their home state — including my friend, Emma. Due to an outpouring o...
","date_published":"2024-02-15T21:08:09Z","date_modified":null,"date_collected":"2024-02-22T03:56:51.495480Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/lgbtq-rights/a-plan-to-block-trans-health-care-in-ohio-was-stopped-but-the-fight-isnt-over","tags":["LGBTQ Youth","LGBTQ Rights"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/6c3c594d-0e8b-481e-8221-34a05a8d8165","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"6c3c594d-0e8b-481e-8221-34a05a8d8165","external_link":null,"title":"Anti-DEI Efforts Are the Latest Attack on Racial Equity and Free Speech","content":"pFirst, Donald Trump and right-wing extremists attacked government trainings on racism and sexism. Then the far right tried to censor classroom instruction on racism and sexism. Next, they banned books about BIPOC and LGBTQ lives. Today, the extreme right’s latest attack is aimed at dismantling diversity, equity and inclusion (DEI) programs./p\npIn 2023, the far right introduced at least a href=https://www.chronicle.com/article/here-are-the-states-where-lawmakers-are-seeking-to-ban-colleges-dei-efforts?emailConfirmed=trueamp;supportSignUp=trueamp;supportForgotPassword=trueamp;email=lwatson%40aclu.orgamp;success=trueamp;code=successamp;bc_nonce=7dgurpqns0w1d7cyy44vqy65 bills/a to limit DEI in higher education in 25 states and the U.S. Congress. Eight bills became law. If this assault on our constitutional rights feels familiar, that’s because it is. It was last seen in 2020 when Trump-aligned politicians fought to pass unconstitutional laws aimed at censoring student and faculty speech about race, racism, sex and sexism. The ACLU challenged these laws in three states, but today, anti-DEI efforts are the new frontier in the fight to end the erasure of marginalized communities./p\npDEI programs recruit and retain BIPOC, LGBTQ+, and other underrepresented faculty and students to repair decades of discriminatory policies and practices that excluded them from higher education. The far right, however, claims that DEI programs universally promote undeserving people who only advance because they a href=https://twitter.com/JDVance1/status/1742925449465135262check a box/a. Anti-DEI activists like Christopher Rufo consistently frame their attack as a strike against “identity politics,” and have a href=https://twitter.com/realchrisrufo/status/1371540368714428416?lang=enweaponized/a the term “DEI#8221; to reference any ideas and policies they disagree with, especially those that address systemic racism or sexism./p\npThis attack on DEI is part of a larger a href=https://journals.law.harvard.edu/crcl/wp-content/uploads/sites/80/2023/09/HLC208_Watson.pdfbacklash/a against racial justice efforts that ignited after the 2020 killings of George Floyd, Ahmaud Arbery and Breonna Taylor. At the time, workplaces, schools, and other institutions announced plans to expand DEI efforts and to incorporate anti-racism principles in their communities. In response, far-right activists, led by Rufo and supported by right-wing think tanks such as The Manhattan Institute, The Claremont Institute, and The Heritage Foundation, went on the offensive./p\npLeveraging Fox News and other mainstream media outlets, Rufo and his supporters sought to manufacture hysteria around the inclusion of critical race theory in schools and workplaces. After a 2020 appearance on Fox News where Rufo misrepresented the nature of federal trainings on oppression, white privilege, and intersectionality as indoctrination of critical race theory in our public spaces, Rufo convinced former President Trump to end federal DEI training. Rufo’s goal was to limit discourse, instruction, and research that refuted the false assertion that racism is not real in America – and he succeeded. Just three weeks later, a href=https://www.aclu.org/news/civil-liberties/the-trump-administration-is-banning-talk-about-race-and-genderTrump issued Executive Order 13950/a, which banned federal trainings on systemic racism and sexism. This Executive Order served as the template for most of the educational gag orders, or bills introduced to limit instruction on systemic sexism and racism in 40 states, 20 of which are now law./p\npThe ACLU has consistently opposed efforts to censor classroom instruction on racism and sexism, including in Florida where some of the most egregious attacks on DEI, critical race theory and inclusive education have been mounted. Following the far right’s “anti-wokeism” playbook, in April 2022, Florida Governor Ron Desantis signed the Stop W.O.K.E. Act, which seeks to ban training or instruction on systemic racism and sexism in workplaces, K-12 schools, and higher education. The ACLU, the ACLU of Florida and our co-counsel challenged the law, claiming it violates the First and Fourteenth Amendments by imposing viewpoint-based restrictions on instructors and students in higher education, and fails to state explicitly and definitely what conduct is punishable. A federal judge has blocked it from being enforced in public universities across the state./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act\n target=_blank\n \n Lessons Learned from Our Classroom Censorship Win Against Florida’s Stop W.O.K.E. Act /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletHere’s what the judge’s order could mean for challenges to censorship efforts nationwide./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pInstead of ceasing to censor free speech, the far right pivoted to target DEI programs. For example, Florida passed Senate Bill 266 in April 2023. This law would expand the Stop W.O.K.E. Act’s prohibition on training and instruction on racism and sexism, seeking to eliminate DEI programs and heavily restrict certain college majors related to DEI. Just last month, the Florida State Board of Education moved forward with regulations to limit the use of public funds for DEI efforts in Florida’s 28 state colleges. The State Board also replaced the Principles of Sociology course, which was previously required, with an American History course to avoid “radical woke ideologies.”/p\npLed by the same far-right leaders, including Rufo and various think-tanks, these anti-DEI efforts utilize the same methods as the attack on critical race theory. They represent yet another attempt to re-whitewash America’s history of racial subjugation, and to reverse efforts to pursue racial justice—or any progress at all. Anti-DEI rhetoric has been used to a href=https://twitter.com/JDVance1/status/1742925449465135262invalidate/a immunological research supporting the COVID-19 vaccine, conclusions by economists on mass migration, and even the January 6 insurrection. But these false claims are not what DEI is about. By definition equity means levelling the playing field so qualified people from underrepresented backgrounds have a fair chance to succeed. We cannot let a loud fringe movement convince us otherwise./p\npIn its attacks on DEI, the far right undermines not only racial justice efforts, but also violates our right to free speech and free association. Today, the ACLU is determined to push back on anti-DEI efforts just as we fought efforts to censor instruction on systemic racism and sexism from schools./p\n\t\tdiv class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div","short_content":"pFirst, Donald Trump and right-wing extremists attacked government trainings on racism and sexism. Then the far right tried to censor classroom instruction on racism and sexism. Next, they banned books about BIPOC and LGBTQ lives. Today, the extreme right’s latest attack is aimed...","content_html":"pFirst, Donald Trump and right-wing extremists attacked government trainings on racism and sexism. Then the far right tried to censor classroom instruction on racism and sexism. Next, they banned books about BIPOC and LGBTQ lives. Today, the extreme right’s latest attack is aimed at dismantling diversity, equity and inclusion (DEI) programs./p\npIn 2023, the far right introduced at least a href=https://www.chronicle.com/article/here-are-the-states-where-lawmakers-are-seeking-to-ban-colleges-dei-efforts?emailConfirmed=trueamp;supportSignUp=trueamp;supportForgotPassword=trueamp;email=lwatson%40aclu.orgamp;success=trueamp;code=successamp;bc_nonce=7dgurpqns0w1d7cyy44vqy65 bills/a to limit DEI in higher education in 25 states and the U.S. Congress. Eight bills became law. If this assault on our constitutional rights feels familiar, that’s because it is. It was last seen in 2020 when Trump-aligned politicians fought to pass unconstitutional laws aimed at censoring student and faculty speech about race, racism, sex and sexism. The ACLU challenged these laws in three states, but today, anti-DEI efforts are the new frontier in the fight to end the erasure of marginalized communities./p\npDEI programs recruit and retain BIPOC, LGBTQ+, and other underrepresented faculty and students to repair decades of discriminatory policies and practices that excluded them from higher education. The far right, however, claims that DEI programs universally promote undeserving people who only advance because they a href=https://twitter.com/JDVance1/status/1742925449465135262check a box/a. Anti-DEI activists like Christopher Rufo consistently frame their attack as a strike against “identity politics,” and have a href=https://twitter.com/realchrisrufo/status/1371540368714428416?lang=enweaponized/a the term “DEI#8221; to reference any ideas and policies they disagree with, especially those that address systemic racism or sexism./p\npThis attack on DEI is part of a larger a href=https://journals.law.harvard.edu/crcl/wp-content/uploads/sites/80/2023/09/HLC208_Watson.pdfbacklash/a against racial justice efforts that ignited after the 2020 killings of George Floyd, Ahmaud Arbery and Breonna Taylor. At the time, workplaces, schools, and other institutions announced plans to expand DEI efforts and to incorporate anti-racism principles in their communities. In response, far-right activists, led by Rufo and supported by right-wing think tanks such as The Manhattan Institute, The Claremont Institute, and The Heritage Foundation, went on the offensive./p\npLeveraging Fox News and other mainstream media outlets, Rufo and his supporters sought to manufacture hysteria around the inclusion of critical race theory in schools and workplaces. After a 2020 appearance on Fox News where Rufo misrepresented the nature of federal trainings on oppression, white privilege, and intersectionality as indoctrination of critical race theory in our public spaces, Rufo convinced former President Trump to end federal DEI training. Rufo’s goal was to limit discourse, instruction, and research that refuted the false assertion that racism is not real in America – and he succeeded. Just three weeks later, a href=https://www.aclu.org/news/civil-liberties/the-trump-administration-is-banning-talk-about-race-and-genderTrump issued Executive Order 13950/a, which banned federal trainings on systemic racism and sexism. This Executive Order served as the template for most of the educational gag orders, or bills introduced to limit instruction on systemic sexism and racism in 40 states, 20 of which are now law./p\npThe ACLU has consistently opposed efforts to censor classroom instruction on racism and sexism, including in Florida where some of the most egregious attacks on DEI, critical race theory and inclusive education have been mounted. Following the far right’s “anti-wokeism” playbook, in April 2022, Florida Governor Ron Desantis signed the Stop W.O.K.E. Act, which seeks to ban training or instruction on systemic racism and sexism in workplaces, K-12 schools, and higher education. The ACLU, the ACLU of Florida and our co-counsel challenged the law, claiming it violates the First and Fourteenth Amendments by imposing viewpoint-based restrictions on instructors and students in higher education, and fails to state explicitly and definitely what conduct is punishable. A federal judge has blocked it from being enforced in public universities across the state./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act\n target=_blank\n \n Lessons Learned from Our Classroom Censorship Win Against Florida’s Stop W.O.K.E. Act /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletHere’s what the judge’s order could mean for challenges to censorship efforts nationwide./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pInstead of ceasing to censor free speech, the far right pivoted to target DEI programs. For example, Florida passed Senate Bill 266 in April 2023. This law would expand the Stop W.O.K.E. Act’s prohibition on training and instruction on racism and sexism, seeking to eliminate DEI programs and heavily restrict certain college majors related to DEI. Just last month, the Florida State Board of Education moved forward with regulations to limit the use of public funds for DEI efforts in Florida’s 28 state colleges. The State Board also replaced the Principles of Sociology course, which was previously required, with an American History course to avoid “radical woke ideologies.”/p\npLed by the same far-right leaders, including Rufo and various think-tanks, these anti-DEI efforts utilize the same methods as the attack on critical race theory. They represent yet another attempt to re-whitewash America’s history of racial subjugation, and to reverse efforts to pursue racial justice—or any progress at all. Anti-DEI rhetoric has been used to a href=https://twitter.com/JDVance1/status/1742925449465135262invalidate/a immunological research supporting the COVID-19 vaccine, conclusions by economists on mass migration, and even the January 6 insurrection. But these false claims are not what DEI is about. By definition equity means levelling the playing field so qualified people from underrepresented backgrounds have a fair chance to succeed. We cannot let a loud fringe movement convince us otherwise./p\npIn its attacks on DEI, the far right undermines not only racial justice efforts, but also violates our right to free speech and free association. Today, the ACLU is determined to push back on anti-DEI efforts just as we fought efforts to censor instruction on systemic racism and sexism from schools./p\n\t\tdiv class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div
","short_content_html":"pFirst, Donald Trump and right-wing extremists attacked government trainings on racism and sexism. Then the far right tried to censor classroom instruction on racism and sexism. Next, they banned books about BIPOC and LGBTQ lives. Today, the extreme right’s latest attack is aimed...
","date_published":"2024-02-14T21:23:24Z","date_modified":null,"date_collected":"2024-02-15T10:29:00.085784Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/free-speech/anti-dei-efforts-are-the-latest-attack-on-racial-equity-and-free-speech","tags":["LGBTQ Rights","LGBTQ Youth","Free Speech","Free Expression and Censorship"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/d8813ae4-8f0f-443a-a9fd-a181dd532ed2","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"d8813ae4-8f0f-443a-a9fd-a181dd532ed2","external_link":null,"title":"“There Was No One That Looked Like Me:” Why Diversity Matters in the Military","content":"Last year, the Supreme Court overturned its prior holdings on affirmative action, effectively ending race-conscious admissions practices in most colleges and universities and, consequently, restricting the ability of schools to address systemic racial inequalities that persist in higher education. But the court’s decision was left with one exception: military service academies. Now, the same group that brought to the Supreme Court the case that overturned affirmative action, Students for Fair Admissions (SFFA), is suing the U.S. Naval Academy and West Point, alleging in two separate lawsuits that the military academies’ use of race in their admissions processes is unconstitutional.\nAffirmative action at service academies is essential for confronting our military’s discriminatory history, which continues to impact service members of color. The ACLU, the ACLU of Maryland, and NYCLU, along with our partners NAACP Legal Defense Fund and the National Association of Black Military Women, filed two amicus briefs in New York and Maryland in support of affirmative action, highlighting the experiences of people of color, specifically the unique experience of Black women in the military.\nWe recently spoke with three veterans who are members of the National Association of Black Military Women. They shared insight into their personal experiences and challenges within the military — from facing unachievable uniform requirements to highlighting the importance of representation. Our conversation has been edited for length and clarity.\n\t\n\t\t\n\t\t\t\t\tNavy Veteran Sheena Todd - 2010 - 2015\n\t\t\n\t\t\t\n\n \n \n\t\t \t\n\t\n\t \n \n ACLU: Could you tell us about your time in the military and why you decided to join?\nVeteran Todd: I was working a few jobs, going to school, and times were tough. This was a way to get out of Detroit and also do something really amazing and scary. It was very important for me to take some time to find myself, grow up a little bit, explore the world, and see what the American dream was about. I’ve always been in jobs that were geared towards service. For me, it was just important to learn to take care of myself and then taking care of others just came naturally.\nACLU: How important is it to have military leadership that represents the diversity of service members?\n\n \n \n\t\t \t\n\t\n\t \n \n Veteran Todd: Having a role model, mentorship, and someone who is culturally competent of what African Americans go through, while also allowing others to get some exposure to that type of leadership, is important in addressing discrimination. It definitely affects morale and the cohesion of the group to walk into a room and look around, and no one looks like you at your job, at a hearing, or at a base. It’s also super important when you think about retention and recruitment. If I am not comfortable or I’m not in a place where I feel like I’m in alignment with who I’m surrounded by, it’s really tough. You don’t feel accepted, welcomed, or valued. The other part of this is seeing what’s possible, and being able to learn from each other and what their experiences were. Seeing those positive examples and building credibility and trust with people that are not like you – that exposure opens up your mind. \nACLU: The military imposes certain uniform requirements that can disproportionately impact people of color. Did the uniform requirements affect your time in the military?\nVeteran Todd: That was a big deal for me in the military. When it came to uniforms, the regulations were not put in place for us. It was put in place for people with hair that could conform to those regulations. Our hair doesn’t do that. We have to do a little more extra. I was the yeoman that kept instructions in my pocket because they were up for interpretation. I used to get stopped all the time about my hair. There was this one time where I was actually put at attention by a superior. He said I was distracting the sailors and needed to do something about myself. I didn’t have any makeup on, my hair was natural, and I had on overalls and big boots, so I didn’t know what he wanted me to change. I looked around at every other Black girl on that ship; their hair was shaved off. Then I looked at some of our counterparts who had flipped up hair and all this extra stuff. Were they getting pulled to the side? Absolutely not. I’m really glad that they began to change some of those regulations.\n\t\n\t\t\n\t\t\t\t\tRetired Air Force Chief Master Sergeant Sebrena L. Flagg-Briggs - 1986 - 2021\n\t\t\n\t\t\t\n\n \n \n\t\t \t\n\t\n\t \n \n ACLU: Could you tell us about your time in the military and why you decided to join?\nRetired Chief Master Sgt. Flagg-Briggs: It was rewarding. It was awesome and it was tough. I joined the military because I wanted to do more for my community. I felt the need to serve others and in my mind, the best way was to serve my country. I would be serving everybody by joining the military.\nACLU: Our amicus highlights that people of color collectively make up as much as 37 percent of the enlisted ranks, but only 14.8 percent of the highest pay grade officers. How do you think this affects the experiences of service members of color?\nRetired Chief Master Sgt. Flagg-Briggs: When I first came into the military, there was no one that looked like me in a lot of the rooms that I entered. When you don’t see people in the room that represent you, you don’t feel heard. They don’t understand where we’re coming from or how it makes us feel to not see someone that looks like us in higher rank positions. How can they decide uniform policies like how my hair should be, or how the makeup fits my face, or what color is my natural hair color? Those things came up a lot in the military. It affects morale, and it affects people wanting to join.\n\n \n \n\t\t \t\n\t\n\t \n \n I was very heavy on joining an organization that promoted diversity because I thought it was important that men, women, Black, white, different nationalities be represented. It gave me a greater understanding of their perspective, and I was able to share my perspective. We were able to gather our thoughts, our differences, and come up with a common solution that would make everybody feel included.\nACLU: Disciplinary hearings affecting service members are reviewed by the military’s own judge panel. How important is it to have leadership that represents the diversity of service members and understands different upbringings?\nRetired Chief Master Sgt. Flagg-Briggs: That is extremely important. Sometimes when the decisions are made, it perpetuates in your mind that there’s no way they understand who I am or what I represent, because that opinion doesn’t sound like it is for me. There have been examples where there was one type of solution or punishment that was going to be put upon a person and because I was in the room, I helped them understand that it wasn’t as they saw it. The relief that they got from having me in the room was astounding. Many times I was the only woman of color or the only person of color in the room, and I was always opinionated and spoke for folk that were on the line. That was truly important during my 35 years of service. Rising to the rank of Chief, it made me more aware. It helped me help others to understand why it’s important to get in the room, earn more rank, so that we can be better understood, and we could share our experiences and other folks would understand as well.\n\t\n\t\t\n\t\t\t\t\tMarine Corps Veteran Marnisha Mintlow - 1997 - 2001\n\t\t\n\t\t\t\n\n \n \n\t\t \t\n\t\n\t \n \n ACLU: Could you tell us about your time in the military and why you decided to join?\nVeteran Mintlow: When I joined, it was about me getting money for school. But as you’re gaining education and knowledge of what this branch has gone through, the wars it has fought and won for our country, and you built a relationship with the branch, you learn the importance. So then it becomes, I served my country, I did my part, I put my life on the line.\nACLU: The military imposes certain uniform requirements that can disproportionately impact people of color. Did the uniform requirements affect your time in the military?\nVeteran Mintlow: It wasn’t necessarily uniforms that were my issue. It was the weight requirement. Once you hit the maximum weight requirement, they will do what’s called a body fat measurement. When they do that for women, they measure our necks, our waists, and hips. I still believe that is not a fair measurement for women of color. In my culture and as a Black woman, the widest part of my body is my hips, and there is nothing I can do about it. There are some things that we cannot fix, and to have that held against me, it negatively impacted my military career. I was at a point in my career where I was supposed to get a meritorious promotion, but did not get it because I was considered overweight by their metrics.\nACLU: Why is it important to have representation in the military?\nVeteran Mintlow: It’s important to have a diverse population amongst enlisted members and officers so that people who are not in the military have an opportunity to see themselves in the military. When I wasn’t in the military, every person I saw in the Marine Corps was a man. So while I was at my recruiter’s office, they had a poster on the wall of a Black woman in a blue dress, and I said, I need to see her in real life. When I went to the Military Entrance Processing Station, which is where you do your swearing in and you sign all your paperwork, I met a Black woman. She was my visual. I knew I could do this because she looked like me and she did it. It’s very important to have those role models and those mentors in real life. When we see people who are like us, doing these things, it gives us the initiative, the drive, and the inspiration to know that we can do those things, too.\n\t\tWe need you with us to keep fightingDonate today","short_content":"Last year, the Supreme Court overturned its prior holdings on affirmative action, effectively ending race-conscious admissions practices in most colleges and universities and, consequently, restricting the ability of schools to address systemic racial inequalities that persist in...","content_html":"Last year, the Supreme Court overturned its prior holdings on affirmative action, effectively ending race-conscious admissions practices in most colleges and universities and, consequently, restricting the ability of schools to address systemic racial inequalities that persist in higher education. But the court’s decision was left with one exception: military service academies. Now, the same group that brought to the Supreme Court the case that overturned affirmative action, Students for Fair Admissions (SFFA), is suing the U.S. Naval Academy and West Point, alleging in two separate lawsuits that the military academies’ use of race in their admissions processes is unconstitutional.
\nAffirmative action at service academies is essential for confronting our military’s discriminatory history, which continues to impact service members of color. The ACLU, the ACLU of Maryland, and NYCLU, along with our partners NAACP Legal Defense Fund and the National Association of Black Military Women, filed two amicus briefs in New York and Maryland in support of affirmative action, highlighting the experiences of people of color, specifically the unique experience of Black women in the military.
\nWe recently spoke with three veterans who are members of the National Association of Black Military Women. They shared insight into their personal experiences and challenges within the military — from facing unachievable uniform requirements to highlighting the importance of representation. Our conversation has been edited for length and clarity.
\n\t\n\t\t\n\t\t\t\t\tACLU: Could you tell us about your time in the military and why you decided to join?
\nVeteran Todd: I was working a few jobs, going to school, and times were tough. This was a way to get out of Detroit and also do something really amazing and scary. It was very important for me to take some time to find myself, grow up a little bit, explore the world, and see what the American dream was about. I’ve always been in jobs that were geared towards service. For me, it was just important to learn to take care of myself and then taking care of others just came naturally.
\nACLU: How important is it to have military leadership that represents the diversity of service members?
\n\n \n \n\t\t \t\n\t\n\t \n \nVeteran Todd: Having a role model, mentorship, and someone who is culturally competent of what African Americans go through, while also allowing others to get some exposure to that type of leadership, is important in addressing discrimination. It definitely affects morale and the cohesion of the group to walk into a room and look around, and no one looks like you at your job, at a hearing, or at a base. It’s also super important when you think about retention and recruitment. If I am not comfortable or I’m not in a place where I feel like I’m in alignment with who I’m surrounded by, it’s really tough. You don’t feel accepted, welcomed, or valued. The other part of this is seeing what’s possible, and being able to learn from each other and what their experiences were. Seeing those positive examples and building credibility and trust with people that are not like you – that exposure opens up your mind.
\nACLU: The military imposes certain uniform requirements that can disproportionately impact people of color. Did the uniform requirements affect your time in the military?
\nVeteran Todd: That was a big deal for me in the military. When it came to uniforms, the regulations were not put in place for us. It was put in place for people with hair that could conform to those regulations. Our hair doesn’t do that. We have to do a little more extra. I was the yeoman that kept instructions in my pocket because they were up for interpretation. I used to get stopped all the time about my hair. There was this one time where I was actually put at attention by a superior. He said I was distracting the sailors and needed to do something about myself. I didn’t have any makeup on, my hair was natural, and I had on overalls and big boots, so I didn’t know what he wanted me to change. I looked around at every other Black girl on that ship; their hair was shaved off. Then I looked at some of our counterparts who had flipped up hair and all this extra stuff. Were they getting pulled to the side? Absolutely not. I’m really glad that they began to change some of those regulations.
\n\t\n\t\t\n\t\t\t\t\tACLU: Could you tell us about your time in the military and why you decided to join?
\nRetired Chief Master Sgt. Flagg-Briggs: It was rewarding. It was awesome and it was tough. I joined the military because I wanted to do more for my community. I felt the need to serve others and in my mind, the best way was to serve my country. I would be serving everybody by joining the military.
\nACLU: Our amicus highlights that people of color collectively make up as much as 37 percent of the enlisted ranks, but only 14.8 percent of the highest pay grade officers. How do you think this affects the experiences of service members of color?
\nRetired Chief Master Sgt. Flagg-Briggs: When I first came into the military, there was no one that looked like me in a lot of the rooms that I entered. When you don’t see people in the room that represent you, you don’t feel heard. They don’t understand where we’re coming from or how it makes us feel to not see someone that looks like us in higher rank positions. How can they decide uniform policies like how my hair should be, or how the makeup fits my face, or what color is my natural hair color? Those things came up a lot in the military. It affects morale, and it affects people wanting to join.
\n\n \n \n\t\t \t\n\t\n\t \n \nI was very heavy on joining an organization that promoted diversity because I thought it was important that men, women, Black, white, different nationalities be represented. It gave me a greater understanding of their perspective, and I was able to share my perspective. We were able to gather our thoughts, our differences, and come up with a common solution that would make everybody feel included.
\nACLU: Disciplinary hearings affecting service members are reviewed by the military’s own judge panel. How important is it to have leadership that represents the diversity of service members and understands different upbringings?
\nRetired Chief Master Sgt. Flagg-Briggs: That is extremely important. Sometimes when the decisions are made, it perpetuates in your mind that there’s no way they understand who I am or what I represent, because that opinion doesn’t sound like it is for me. There have been examples where there was one type of solution or punishment that was going to be put upon a person and because I was in the room, I helped them understand that it wasn’t as they saw it. The relief that they got from having me in the room was astounding. Many times I was the only woman of color or the only person of color in the room, and I was always opinionated and spoke for folk that were on the line. That was truly important during my 35 years of service. Rising to the rank of Chief, it made me more aware. It helped me help others to understand why it’s important to get in the room, earn more rank, so that we can be better understood, and we could share our experiences and other folks would understand as well.
\n\t\n\t\t\n\t\t\t\t\tACLU: Could you tell us about your time in the military and why you decided to join?
\nVeteran Mintlow: When I joined, it was about me getting money for school. But as you’re gaining education and knowledge of what this branch has gone through, the wars it has fought and won for our country, and you built a relationship with the branch, you learn the importance. So then it becomes, I served my country, I did my part, I put my life on the line.
\nACLU: The military imposes certain uniform requirements that can disproportionately impact people of color. Did the uniform requirements affect your time in the military?
\nVeteran Mintlow: It wasn’t necessarily uniforms that were my issue. It was the weight requirement. Once you hit the maximum weight requirement, they will do what’s called a body fat measurement. When they do that for women, they measure our necks, our waists, and hips. I still believe that is not a fair measurement for women of color. In my culture and as a Black woman, the widest part of my body is my hips, and there is nothing I can do about it. There are some things that we cannot fix, and to have that held against me, it negatively impacted my military career. I was at a point in my career where I was supposed to get a meritorious promotion, but did not get it because I was considered overweight by their metrics.
\nACLU: Why is it important to have representation in the military?
\nVeteran Mintlow: It’s important to have a diverse population amongst enlisted members and officers so that people who are not in the military have an opportunity to see themselves in the military. When I wasn’t in the military, every person I saw in the Marine Corps was a man. So while I was at my recruiter’s office, they had a poster on the wall of a Black woman in a blue dress, and I said, I need to see her in real life. When I went to the Military Entrance Processing Station, which is where you do your swearing in and you sign all your paperwork, I met a Black woman. She was my visual. I knew I could do this because she looked like me and she did it. It’s very important to have those role models and those mentors in real life. When we see people who are like us, doing these things, it gives us the initiative, the drive, and the inspiration to know that we can do those things, too.
\n\t\tWe need you with us to keep fightingDonate todayLast year, the Supreme Court overturned its prior holdings on affirmative action, effectively ending race-conscious admissions practices in most colleges and universities and, consequently, restricting the ability of schools to address systemic racial inequalities that persist in...
pOver the last decade, California has built up some of the nation’s strongest driver privacy protections, thanks to the hard work of activists, civil rights groups, and elected leaders./p\npOne law in particular, often called a href=https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB34SB 34/a, prohibits police from circulating detailed maps of people’s driving patterns with the federal government and agencies in other states– a protection that has only grown more important with the end of iRoe v. Wade/i and the subsequent surge in abortion criminalization./p\npBut dozens of California police departments have decided to defy the law, even after receiving a href=https://oag.ca.gov/system/files/media/2023-dle-06.pdfclear guidance/a from California Attorney General Rob Bonta, the chief law enforcement officer in the state. Last month the ACLU of Northern California and our partners a href=https://www.aclunc.org/sites/default/files/2024-01-31_letter_to_ag_bonta_re_sb_34_final.pdfsent Attorney General Bonta a letter/a listing 35 police agencies that have refused to comply with the law and protect driver privacy./p\npWe should all be able to drive to a doctor’s office, place of worship, or political rally without being tracked and cataloged by police agencies. But for years now, police have used automated license plate readers (ALPRs) to record and track the movements of drivers on a previously unseen scale. These a href=https://www.aclu.org/documents/you-are-being-tracked-how-license-plate-readers-are-being-used-record-americans-movementssystems/a allow police to collect and store information about drivers whose cars pass through ALPR cameras’ fields of view, which, along with the date and time of capture, can reveal sensitive details about our movements and, as a result, our private lives./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/documents/you-are-being-tracked-how-license-plate-readers-are-being-used-record-americans-movements\n target=_blank\n tabindex=-1\n \n img width=1120 height=788 src=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-12.35.20-PM.png class=attachment-4x3_full size-4x3_full alt=A highway with fast moving cars. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-12.35.20-PM.png 1120w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-12.35.20-PM-768x540.png 768w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-12.35.20-PM-400x281.png 400w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-12.35.20-PM-600x422.png 600w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-12.35.20-PM-800x563.png 800w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-12.35.20-PM-1000x704.png 1000w sizes=(max-width: 1120px) 100vw, 1120px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/documents/you-are-being-tracked-how-license-plate-readers-are-being-used-record-americans-movements\n target=_blank\n \n You Are Being Tracked: How License Plate Readers Are Being Used to Record Americans' Movements /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/documents/you-are-being-tracked-how-license-plate-readers-are-being-used-record-americans-movements\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pThe ACLU has long seen the danger ALPR surveillance poses, and working alongside communities on the ground, has fought to bolster California’s legal protections for driver privacy. For over a decade, we have conducted investigations, advocacy, and litigation focused on how police agencies use ALPR to track law-abiding drivers, amass hordes of sensitive information, and use it to harm people./p\npIn the wake of a href=http://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.aclu.org/files/assets/071613-aclu-alprreport-opt-v05.pdfACLU’s groundbreaking report/a on ALPR across the US, a href=https://www.aclunc.org/blog/use-automated-license-plate-readers-expanding-northern-california-and-data-shared-fedswe called out/a police use of ALPRs in 2013 as a threat to driver privacy and warned that California lacked statewide driver privacy protections. In 2016, thanks in part to the advocacy of the ACLU and a href=https://www.eff.org/deeplinks/2015/10/success-sacramento-four-new-laws-one-veto-all-victories-privacy-and-transparencyallies/a, the California legislature passed a href=https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB34SB 34/a, the law at issue today. In a href=https://www.aclu.org/news/immigrants-rights/documents-reveal-ice-using-driver-location-data2019/a we discovered Immigration and Customs Enforcement’s (ICE) exploitation of ALPR-collected information to track and target immigrants in California and across the United States./p\npFrom there, we took action to enforce California’s driver privacy protections. In a href=https://www.aclunc.org/news/california-activists-sue-marin-county-sheriff-illegally-sharing-drivers-license-plate-data-ice2021/a we sued Marin County, California for illegally sharing millions of local drivers’ license plates and locations with federal and out-of-state agencies, including ICE. The sheriff eventually agreed to comply with SB 34 as part of a a href=https://www.aclunc.org/our-work/legal-docket/lagleva-v-doyle-license-plate-surveillance#:~:text=In%20May%202022%2C%20the%20plaintiffs,54.settlement agreement/a, but we believed that many other California police agencies were still violating SB 34./p\npWe rang the alarm again in the wake of the iDobbs /idecision overturning iRoe v. Wade./i Alongside our partners at the Electronic Frontier Foundation and ACLU of Southern California, we a href=https://www.aclunc.org/news/civil-liberties-groups-demand-california-police-stop-sharing-drivers-location-data-police-antisent letters to over 70 law enforcement agencies in California/a demanding they stop sharing people’s driving patterns with states that have criminalized abortion care. We also notified the attorney general’s office of these violations./p\npFollowing our letters, the attorney general issued a href=https://oag.ca.gov/system/files/media/2023-dle-06.pdfinstructions/a to police across the state to follow SB 34’s plain text and cease sharing license plate information with state and federal agencies outside California. While some agencies have come into compliance, many police are digging in and refusing to follow the law. Police lobbyists have even a href=https://www.eff.org/files/2024/01/23/bulletin_reponse_letter.03_jrt_final.khb_.02.pdfasked/a the attorney general to withdraw his interpretation of the law./p\npSimply put, the position touted by police agencies and their lobbyists puts Californians at risk. SB 34 is important because when police track and share the locations of law-abiding drivers, that information can easily be used to facilitate racist policing, a href=https://www.buzzfeednews.com/article/alexcampbell/the-ticket-machinepunitive fees/a, and the a href=https://www.ap.org/ap-in-the-news/2012/with-cameras-informants-nypd-eyed-mosquesdiscriminatory targeting/a of people in California and beyond. And, as a href=https://www.eff.org/files/2023/05/24/tracy.pdfour letters warned/a, when California shares ALPR information with authorities in states with anti-abortion or anti-trans laws, police and prosecutors gain new power to track and prosecute people who traveled to California to receive reproductive or gender-affirming care./p\npWe should all be able to travel safely on the state’s roads without our movements being handed to authorities outside the state. That is why we have continued to push California police agencies to follow California’s driver privacy law. And it’s why we have supported localities a href=https://www.aclunc.org/blog/alameda-rejects-surveillance-deal-company-tied-icethat reject/a ALPR programs at odds with their values./p\npIt is unacceptable that police agencies charged with enforcing laws are refusing to comply with this one. While we are pleased with Attorney General Bonta’s strong statement on SB 34, we urge the attorney general to use all available means at his disposal to ensure compliance. And rest assured, that the ACLU will continue fighting to enact and enforce protections that keep all of us safe, no matter where we go in the state./p\npiThis article was a href=https://www.aclunc.org/blog/californians-fought-hard-driver-privacy-protections-why-are-police-refusing-follow-themoriginally featured/a on the blog of the ACLU of Northern California./i/p\n\t\tdiv class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div
","short_content_html":"pOver the last decade, California has built up some of the nation’s strongest driver privacy protections, thanks to the hard work of activists, civil rights groups, and elected leaders./p\npOne law in particular, often called a href=https://leginfo.legislature.ca.gov/faces/billTex...
","date_published":"2024-02-13T20:37:08Z","date_modified":null,"date_collected":"2024-02-14T08:02:02.650162Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/privacy-technology/dozens-of-police-agencies-in-california-are-still-sharing-driver-locations-with-anti-abortion-states-were-fighting-back","tags":["Human Rights","National Security","Privacy and Surveillance","Privacy Technology","Human Rights and Privacy"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/2a275edf-4be6-43a8-be15-ee1b9ad77657","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"2a275edf-4be6-43a8-be15-ee1b9ad77657","external_link":null,"title":"Border Patrol’s Abusive Practice of Taking Migrants’ Property Needs to End","content":"pSeeking lives of safety and opportunity, people coming to the United States as migrants and asylum-seekers may carry only their most essential and beloved possessions. When they arrive in the U.S. and are taken into Border Patrol custody, many migrants endure the devastating loss of their property: Border Patrol agents routinely confiscate, trash, or force them to throw away their precious belongings./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/publications/from-hope-to-heartbreak-the-disturbing-reality-of-border-patrols-confiscation-of-migrants-belongings\n target=_blank\n tabindex=-1\n \n img width=1216 height=680 src=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM.png class=attachment-4x3_full size-4x3_full alt=An individual holding a small bag of important belongings and documents. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM.png 1216w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-768x429.png 768w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-400x224.png 400w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-600x336.png 600w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-800x447.png 800w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-1000x559.png 1000w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-1200x671.png 1200w sizes=(max-width: 1216px) 100vw, 1216px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/publications/from-hope-to-heartbreak-the-disturbing-reality-of-border-patrols-confiscation-of-migrants-belongings\n target=_blank\n \n From Hope to Heartbreak: The Disturbing Reality of Border Patrol's Confiscation of Migrants' Belongings /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/publications/from-hope-to-heartbreak-the-disturbing-reality-of-border-patrols-confiscation-of-migrants-belongings\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pIn a new report published in partnership with organizations working on the southern border, From Hope to Heartbreak, we document routine cases of this abusive treatment focusing on confiscation of medication and medical devices, legal and identity documents, religious items, and items of financial, practical, or sentimental value./p\npThe report relies heavily on hundreds of intakes conducted by the Kino Border Initiative (KBI), which runs a migrant aid center along Mexico’s border with Arizona, and ProtectAZ Health, which offers free medical screenings and care to migrants in Phoenix./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardMedications and Medical Devices/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1280 height=960 src=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023.jpeg class=attachment-original size-original alt=A pile of various medical materials. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023.jpeg 1280w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-768x576.jpeg 768w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-400x300.jpeg 400w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-600x450.jpeg 600w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-800x600.jpeg 800w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-1000x750.jpeg 1000w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-1200x900.jpeg 1200w sizes=(max-width: 1280px) 100vw, 1280px /\t\n\t\n\t /figure\n pBorder Patrol and its parent agency, Customs and Border Protection (CBP), have routinely confiscated life-saving medications and medical devices from adults and children who have illnesses such as seizure disorders, high blood pressure, diabetes, asthma, and genetic conditions./p\npCBP agents took a 5-year-old girl’s epilepsy medications away from her mother. When the little girl, whom we are calling Rosa, experienced convulsions, she was taken to the hospital. When she was discharged from the hospital and returned to CBP custody with new medications and special dietary supplements, CBP agents confiscated those. Not until the family was released to a shelter in Las Cruces, New Mexico, did Rosa receive the medical care she needed./p\npDepriving people of their necessary medication obviously risks their health and safety. It also adds stress to local hospital systems, as people need to visit the emergency room or be hospitalized because their health deteriorates from missing their medication./p\npProtectAZ received a 13-year-old boy, whom we are calling Leonel, at their shelter. Leonel has a genetic condition in which he lacks a necessary amino acid that prevents the build up of ammonia in his body. The condition can have serious consequences if untreated, including seizures, coma and death. Leonel needed to take daily supplements, but they were confiscated by Border Patrol in Casa Grande, Arizona. At the ProtectAZ shelter, Leonel’s health deteriorated, and he had to be admitted to the hospital for a week to stabilize his condition./p\npIn a separate occurrence, a 7-year-old boy with moderate-persistent asthma was detained for two days. His inhaler was taken away, and he wasn#8217;t given a replacement. After being released, he developed respiratory symptoms, and his condition worsened quickly. His family took him to the emergency department, and he was transferred to a pediatric intensive care unit./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardLegal and Identity Documents/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=3000 height=2335 src=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-scaled.jpeg class=attachment-original size-original alt=A honduran passport. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-scaled.jpeg 3000w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-768x598.jpeg 768w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-1536x1196.jpeg 1536w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-2048x1594.jpeg 2048w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-400x311.jpeg 400w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-600x467.jpeg 600w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-800x623.jpeg 800w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-1000x778.jpeg 1000w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-1200x934.jpeg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-1400x1090.jpeg 1400w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-1600x1246.jpeg 1600w sizes=(max-width: 3000px) 100vw, 3000px /\t\n\t\n\t /figure\n pConfiscating or destroying legal and identity documents, such as birth certificates, passports, medical records, and documents to substantiate asylum claims, has been a hallmark of Border Patrol’s operations./p\npOne man told KBI that Border Patrol agents tore his birth certificate up in front of him. He managed to save his Mexican identity card because he had hidden it in his shoe. Advocates in the Rio Grande Valley Sector in Texas report finding discarded documents that could be important in substantiating asylum claims, such as police reports and medical records. Volunteers with the Borderlands Collective in San Diego say document confiscation is especially concerning for parents of minor children, who may not be able to prove that they are family without their children’s birth records./p\np“Passports are very important here,” one person had shared. “To open an account, to identify yourself, and I don’t have that document. I don’t have the children’s birth records because they took them from me. That makes me feel terrible.”/p\npMigrants who are deported, expelled or returned to Mexico cannot withdraw or receive money without identity documents. Confiscated or destroyed documents pose a significant barrier to asylum-seekers’ ability to substantiate their claims. The Children’s Legal Center sued Immigration and Customs Enforcement (ICE) on behalf of 68 asylum-seekers whose documents the agency had confiscated. The lawsuit argues the confiscation violates the plaintiffs’ due process rights to seek work authorization and to support their asylum cases./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardReligious Items/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1280 height=960 src=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023.jpeg class=attachment-original size-original alt=A pile of religious items, including a small Buddha statue and an image of the Virgin Mary. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023.jpeg 1280w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-768x576.jpeg 768w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-400x300.jpeg 400w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-600x450.jpeg 600w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-800x600.jpeg 800w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-1000x750.jpeg 1000w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-1200x900.jpeg 1200w sizes=(max-width: 1280px) 100vw, 1280px /\t\n\t\n\t /figure\n pOver the summer of 2022, there was a spike in reports of Border Patrol taking away Sikh asylum-seekers’ turbans. Forcing a Sikh person to remove their turban is a serious violation of their faith. #8220;They told me to take off my turban. I know a little English, and I said, ‘It’s my religion.#8217; But they insisted.#8221; The man pleaded with the officers, but they forced him to remove his turban and toss it in a pile of trash. He asked if he could at least keep his turban for when he was released from custody, but they told him no./p\npWhile Border Patrol has since taken positive steps forward on how it handles turbans and other Sikh articles of faith, the agency’s religious freedom violations aren’t limited to people of the Sikh faith. A person told KBI that Border Patrol agents took his Bible, which he told them had significant spiritual meaning to him, and trashed it in front of him. Border Patrol agents in Yuma told several Muslim migrants they had to throw away their prayer mats. One of the men said his prayer mat had been in his family for more than 100 years./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://action.aclu.org/petition/border-patrol-must-stop-trashing-migrant%E2%80%99s-cherished-belongings\n target=_blank\n tabindex=-1\n \n img width=1000 height=655 src=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM.png class=attachment-4x3_full size-4x3_full alt=An illustration of a young woman walking nervously with a backpack. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM.png 1000w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM-768x503.png 768w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM-400x262.png 400w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM-600x393.png 600w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM-800x524.png 800w sizes=(max-width: 1000px) 100vw, 1000px / /a\n /div\n div class=wp-link__title\n a\n href=https://action.aclu.org/petition/border-patrol-must-stop-trashing-migrant%E2%80%99s-cherished-belongings\n target=_blank\n \n BORDER PATROL MUST STOP TRASHING MIGRANT’S CHERISHED BELONGINGS /a\n /div\n div class=wp-link__description\n a\n href=https://action.aclu.org/petition/border-patrol-must-stop-trashing-migrant%E2%80%99s-cherished-belongings\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletIf you believe that people seeking refuge in our country deserve to be welcomed with dignity, join us by advocating for change./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://action.aclu.org/petition/border-patrol-must-stop-trashing-migrant%E2%80%99s-cherished-belongings\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pMigrants’ religious freedom is protected both by the First Amendment and the federal Religious Freedom Restoration Act, which provides additional protection for the free exercise of religion. Some asylum-seekers are fleeing religious persecution in their home countries, and the experience of CBP violating their religious faith can be a retraumatizing experience. CBP has been made aware of their violations for years, suggesting a failure of CBP policy and practice to fully respect the religious freedom rights of migrants and asylum-seekers./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardItems of Practical, Financial, or Sentimental Value/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1200 height=980 src=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023.jpeg class=attachment-original size-original alt=A collection of documents, money, and a damaged smartphone. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023.jpeg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023-768x627.jpeg 768w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023-400x327.jpeg 400w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023-600x490.jpeg 600w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023-800x653.jpeg 800w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023-1000x817.jpeg 1000w sizes=(max-width: 1200px) 100vw, 1200px /\t\n\t\n\t /figure\n pMigrants have regularly reported Border Patrol agents confiscate their money and cellphones. These items are of clear value and represent a devastating loss: impoverishment and loss of contact with loved ones. Several migrants told KBI they lost the equivalent of hundreds of dollars to Border Patrol. One man described seeing a Border Patrol agent take 3,000 pesos from another man and rip it up in his face. Other migrants described the loss of family photos on their confiscated cellphones./p\npConfiscation of clothing appears to be widespread in Border Patrol custody, leaving migrants with only a single layer of clothing. “The official asked me how many shirts I had, and I responded that I had two shirts plus a sweater. The official started laughing and told me I had to take everything off but one shirt,” one person recounted./p\npVolunteers and shelters supporting migrants are critical of this practice, especially during the winter and if migrants are traveling north. One shelter in Las Cruces, New Mexico, said it spent $100,000 every month to provide clothes to migrants. Once the Border Patrol sectors in New Mexico reduced their confiscation of people’s clothes, the shelter reported reducing costs for clothing people by half./p\npFinally, migrants report having their cherished belongings confiscated or trashed – children’s toys, heirloom jewelry, and even a loved one’s ashes. One man said Border Patrol agents forced him to throw away his father’s ashes – his father had died while journeying to the U.S. from Nicaragua./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardThe Systematic Confiscation of Migrants' Belongings at the U.S. Southern Border, Despite the Vast Resources Available to Border Patrol, is Indefensible/h2\n\t\t\n\t\t\t/div\n pCBP’s practice of property confiscation and destruction isn’t only cruel, unnecessary, and, in some cases, life-threatening, in many cases, it likely violates federal law and policy. We outline achievable policy changes that CBP can adopt to protect the dignity, safety, and rights of people arriving in the U.S./p\npBorder Patrol must ensure migrants in its custody and those released from custody have continuous access to their medications and medical devices. Migrants should be allowed to keep as many of their personal belongings as possible in custody and after they are released. CBP must change its policies to comply with federal safeguards of religious freedom in its treatment of people’s religious garb and religious items./p\npThe bottom line is that CBP can and must do better to live up to our nation’s values and commitments to people seeking safety within our borders. People seeking refuge in the U.S. deserve to be welcomed with dignity./p\n\t\tdiv class=rss-ctadiv class=rss-cta__subtitleWhat you can do:/divdiv class=rss-cta__titleTell Congress: Protect families seeking asylum/diva href=https://action.aclu.org/send-message/tell-congress-protect-families-seeking-asylum class=rss-cta__buttonSend your message/a/div","short_content":"pSeeking lives of safety and opportunity, people coming to the United States as migrants and asylum-seekers may carry only their most essential and beloved possessions. When they arrive in the U.S. and are taken into Border Patrol custody, many migrants endure the devastating los...","content_html":"pSeeking lives of safety and opportunity, people coming to the United States as migrants and asylum-seekers may carry only their most essential and beloved possessions. When they arrive in the U.S. and are taken into Border Patrol custody, many migrants endure the devastating loss of their property: Border Patrol agents routinely confiscate, trash, or force them to throw away their precious belongings./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/publications/from-hope-to-heartbreak-the-disturbing-reality-of-border-patrols-confiscation-of-migrants-belongings\n target=_blank\n tabindex=-1\n \n img width=1216 height=680 src=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM.png class=attachment-4x3_full size-4x3_full alt=An individual holding a small bag of important belongings and documents. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM.png 1216w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-768x429.png 768w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-400x224.png 400w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-600x336.png 600w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-800x447.png 800w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-1000x559.png 1000w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.02.10-PM-1200x671.png 1200w sizes=(max-width: 1216px) 100vw, 1216px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/publications/from-hope-to-heartbreak-the-disturbing-reality-of-border-patrols-confiscation-of-migrants-belongings\n target=_blank\n \n From Hope to Heartbreak: The Disturbing Reality of Border Patrol's Confiscation of Migrants' Belongings /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/publications/from-hope-to-heartbreak-the-disturbing-reality-of-border-patrols-confiscation-of-migrants-belongings\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pIn a new report published in partnership with organizations working on the southern border, From Hope to Heartbreak, we document routine cases of this abusive treatment focusing on confiscation of medication and medical devices, legal and identity documents, religious items, and items of financial, practical, or sentimental value./p\npThe report relies heavily on hundreds of intakes conducted by the Kino Border Initiative (KBI), which runs a migrant aid center along Mexico’s border with Arizona, and ProtectAZ Health, which offers free medical screenings and care to migrants in Phoenix./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardMedications and Medical Devices/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1280 height=960 src=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023.jpeg class=attachment-original size-original alt=A pile of various medical materials. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023.jpeg 1280w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-768x576.jpeg 768w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-400x300.jpeg 400w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-600x450.jpeg 600w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-800x600.jpeg 800w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-1000x750.jpeg 1000w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Medications-Near-Yuma-Arizona-December-2023-1200x900.jpeg 1200w sizes=(max-width: 1280px) 100vw, 1280px /\t\n\t\n\t /figure\n pBorder Patrol and its parent agency, Customs and Border Protection (CBP), have routinely confiscated life-saving medications and medical devices from adults and children who have illnesses such as seizure disorders, high blood pressure, diabetes, asthma, and genetic conditions./p\npCBP agents took a 5-year-old girl’s epilepsy medications away from her mother. When the little girl, whom we are calling Rosa, experienced convulsions, she was taken to the hospital. When she was discharged from the hospital and returned to CBP custody with new medications and special dietary supplements, CBP agents confiscated those. Not until the family was released to a shelter in Las Cruces, New Mexico, did Rosa receive the medical care she needed./p\npDepriving people of their necessary medication obviously risks their health and safety. It also adds stress to local hospital systems, as people need to visit the emergency room or be hospitalized because their health deteriorates from missing their medication./p\npProtectAZ received a 13-year-old boy, whom we are calling Leonel, at their shelter. Leonel has a genetic condition in which he lacks a necessary amino acid that prevents the build up of ammonia in his body. The condition can have serious consequences if untreated, including seizures, coma and death. Leonel needed to take daily supplements, but they were confiscated by Border Patrol in Casa Grande, Arizona. At the ProtectAZ shelter, Leonel’s health deteriorated, and he had to be admitted to the hospital for a week to stabilize his condition./p\npIn a separate occurrence, a 7-year-old boy with moderate-persistent asthma was detained for two days. His inhaler was taken away, and he wasn#8217;t given a replacement. After being released, he developed respiratory symptoms, and his condition worsened quickly. His family took him to the emergency department, and he was transferred to a pediatric intensive care unit./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardLegal and Identity Documents/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=3000 height=2335 src=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-scaled.jpeg class=attachment-original size-original alt=A honduran passport. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-scaled.jpeg 3000w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-768x598.jpeg 768w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-1536x1196.jpeg 1536w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-2048x1594.jpeg 2048w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-400x311.jpeg 400w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-600x467.jpeg 600w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-800x623.jpeg 800w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-1000x778.jpeg 1000w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-1200x934.jpeg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-1400x1090.jpeg 1400w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Honduran-passport-and-birth-certificate-Near-border-wall-in-South-Texas-September-2021-Photo-credit_-Scott-Nicol-1600x1246.jpeg 1600w sizes=(max-width: 3000px) 100vw, 3000px /\t\n\t\n\t /figure\n pConfiscating or destroying legal and identity documents, such as birth certificates, passports, medical records, and documents to substantiate asylum claims, has been a hallmark of Border Patrol’s operations./p\npOne man told KBI that Border Patrol agents tore his birth certificate up in front of him. He managed to save his Mexican identity card because he had hidden it in his shoe. Advocates in the Rio Grande Valley Sector in Texas report finding discarded documents that could be important in substantiating asylum claims, such as police reports and medical records. Volunteers with the Borderlands Collective in San Diego say document confiscation is especially concerning for parents of minor children, who may not be able to prove that they are family without their children’s birth records./p\np“Passports are very important here,” one person had shared. “To open an account, to identify yourself, and I don’t have that document. I don’t have the children’s birth records because they took them from me. That makes me feel terrible.”/p\npMigrants who are deported, expelled or returned to Mexico cannot withdraw or receive money without identity documents. Confiscated or destroyed documents pose a significant barrier to asylum-seekers’ ability to substantiate their claims. The Children’s Legal Center sued Immigration and Customs Enforcement (ICE) on behalf of 68 asylum-seekers whose documents the agency had confiscated. The lawsuit argues the confiscation violates the plaintiffs’ due process rights to seek work authorization and to support their asylum cases./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardReligious Items/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1280 height=960 src=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023.jpeg class=attachment-original size-original alt=A pile of religious items, including a small Buddha statue and an image of the Virgin Mary. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023.jpeg 1280w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-768x576.jpeg 768w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-400x300.jpeg 400w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-600x450.jpeg 600w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-800x600.jpeg 800w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-1000x750.jpeg 1000w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Religious-items-Near-Yuma-Arizona-April-2023-1200x900.jpeg 1200w sizes=(max-width: 1280px) 100vw, 1280px /\t\n\t\n\t /figure\n pOver the summer of 2022, there was a spike in reports of Border Patrol taking away Sikh asylum-seekers’ turbans. Forcing a Sikh person to remove their turban is a serious violation of their faith. #8220;They told me to take off my turban. I know a little English, and I said, ‘It’s my religion.#8217; But they insisted.#8221; The man pleaded with the officers, but they forced him to remove his turban and toss it in a pile of trash. He asked if he could at least keep his turban for when he was released from custody, but they told him no./p\npWhile Border Patrol has since taken positive steps forward on how it handles turbans and other Sikh articles of faith, the agency’s religious freedom violations aren’t limited to people of the Sikh faith. A person told KBI that Border Patrol agents took his Bible, which he told them had significant spiritual meaning to him, and trashed it in front of him. Border Patrol agents in Yuma told several Muslim migrants they had to throw away their prayer mats. One of the men said his prayer mat had been in his family for more than 100 years./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://action.aclu.org/petition/border-patrol-must-stop-trashing-migrant%E2%80%99s-cherished-belongings\n target=_blank\n tabindex=-1\n \n img width=1000 height=655 src=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM.png class=attachment-4x3_full size-4x3_full alt=An illustration of a young woman walking nervously with a backpack. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM.png 1000w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM-768x503.png 768w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM-400x262.png 400w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM-600x393.png 600w, https://www.aclu.org/wp-content/uploads/2024/02/Screen-Shot-2024-02-13-at-1.21.07-PM-800x524.png 800w sizes=(max-width: 1000px) 100vw, 1000px / /a\n /div\n div class=wp-link__title\n a\n href=https://action.aclu.org/petition/border-patrol-must-stop-trashing-migrant%E2%80%99s-cherished-belongings\n target=_blank\n \n BORDER PATROL MUST STOP TRASHING MIGRANT’S CHERISHED BELONGINGS /a\n /div\n div class=wp-link__description\n a\n href=https://action.aclu.org/petition/border-patrol-must-stop-trashing-migrant%E2%80%99s-cherished-belongings\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletIf you believe that people seeking refuge in our country deserve to be welcomed with dignity, join us by advocating for change./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://action.aclu.org/petition/border-patrol-must-stop-trashing-migrant%E2%80%99s-cherished-belongings\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pMigrants’ religious freedom is protected both by the First Amendment and the federal Religious Freedom Restoration Act, which provides additional protection for the free exercise of religion. Some asylum-seekers are fleeing religious persecution in their home countries, and the experience of CBP violating their religious faith can be a retraumatizing experience. CBP has been made aware of their violations for years, suggesting a failure of CBP policy and practice to fully respect the religious freedom rights of migrants and asylum-seekers./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardItems of Practical, Financial, or Sentimental Value/h2\n\t\t\n\t\t\t/div\n figure class=wp-image mb-8\n\t\t img width=1200 height=980 src=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023.jpeg class=attachment-original size-original alt=A collection of documents, money, and a damaged smartphone. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023.jpeg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023-768x627.jpeg 768w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023-400x327.jpeg 400w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023-600x490.jpeg 600w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023-800x653.jpeg 800w, https://www.aclu.org/wp-content/uploads/2024/02/CAPTION_-Personal-documents-including-vaccination-records-money-and-a-cellphone-Near-Lukeville-AZ-May-2023-1000x817.jpeg 1000w sizes=(max-width: 1200px) 100vw, 1200px /\t\n\t\n\t /figure\n pMigrants have regularly reported Border Patrol agents confiscate their money and cellphones. These items are of clear value and represent a devastating loss: impoverishment and loss of contact with loved ones. Several migrants told KBI they lost the equivalent of hundreds of dollars to Border Patrol. One man described seeing a Border Patrol agent take 3,000 pesos from another man and rip it up in his face. Other migrants described the loss of family photos on their confiscated cellphones./p\npConfiscation of clothing appears to be widespread in Border Patrol custody, leaving migrants with only a single layer of clothing. “The official asked me how many shirts I had, and I responded that I had two shirts plus a sweater. The official started laughing and told me I had to take everything off but one shirt,” one person recounted./p\npVolunteers and shelters supporting migrants are critical of this practice, especially during the winter and if migrants are traveling north. One shelter in Las Cruces, New Mexico, said it spent $100,000 every month to provide clothes to migrants. Once the Border Patrol sectors in New Mexico reduced their confiscation of people’s clothes, the shelter reported reducing costs for clothing people by half./p\npFinally, migrants report having their cherished belongings confiscated or trashed – children’s toys, heirloom jewelry, and even a loved one’s ashes. One man said Border Patrol agents forced him to throw away his father’s ashes – his father had died while journeying to the U.S. from Nicaragua./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardThe Systematic Confiscation of Migrants' Belongings at the U.S. Southern Border, Despite the Vast Resources Available to Border Patrol, is Indefensible/h2\n\t\t\n\t\t\t/div\n pCBP’s practice of property confiscation and destruction isn’t only cruel, unnecessary, and, in some cases, life-threatening, in many cases, it likely violates federal law and policy. We outline achievable policy changes that CBP can adopt to protect the dignity, safety, and rights of people arriving in the U.S./p\npBorder Patrol must ensure migrants in its custody and those released from custody have continuous access to their medications and medical devices. Migrants should be allowed to keep as many of their personal belongings as possible in custody and after they are released. CBP must change its policies to comply with federal safeguards of religious freedom in its treatment of people’s religious garb and religious items./p\npThe bottom line is that CBP can and must do better to live up to our nation’s values and commitments to people seeking safety within our borders. People seeking refuge in the U.S. deserve to be welcomed with dignity./p\n\t\tdiv class=rss-ctadiv class=rss-cta__subtitleWhat you can do:/divdiv class=rss-cta__titleTell Congress: Protect families seeking asylum/diva href=https://action.aclu.org/send-message/tell-congress-protect-families-seeking-asylum class=rss-cta__buttonSend your message/a/div
","short_content_html":"pSeeking lives of safety and opportunity, people coming to the United States as migrants and asylum-seekers may carry only their most essential and beloved possessions. When they arrive in the U.S. and are taken into Border Patrol custody, many migrants endure the devastating los...
","date_published":"2024-02-13T18:46:45Z","date_modified":null,"date_collected":"2024-02-14T08:02:02.561191Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/immigrants-rights/border-patrols-abusive-practice-of-taking-migrants-property-needs-to-end","tags":["Human Rights and Immigration","Immigration and Customs Enforcement","Immigrants' Rights and Detention","Human Rights","ICE and Border Patrol Abuses","Immigrants' Rights"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/3a1784ce-5f81-4079-93cc-e37da49c5191","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"3a1784ce-5f81-4079-93cc-e37da49c5191","external_link":null,"title":"When Florida Officials Tried to Silence Our Pro-Palestinian Student Group, We Sued","content":"pWhile studying abroad a couple of years ago, I heard first-hand accounts from Jordanian-Palestinian friends about the displacement their families, and families like theirs, experienced during the 1948 Nakba (Arabic for “catastrophe”). Moved by the painful memories they shared, I started researching student organizations advocating for Palestinian rights, and came across the Instagram of the University of Florida (UF) chapter of Students for Justice in Palestine (SJP). When I enrolled at UF a few months later, I immediately joined./p\npAs a member of UF SJP, it was devastating when top Florida officials ordered public universities to deactivate all SJP chapters in the state, including ours. I remember being in shock when I read the order. Officials justified deactivating our chapter not because of anything our group had said or done—but because of our affiliation with the national chapter of Students for Justice in Palestine, a separate group. According to the order, certain views expressed in an advocacy toolkit the National SJP issued on October 7 violated Florida’s “material support of terrorism” law. But my student group was not even involved with the creation of that toolkit, which itself is protected by the First Amendment./p\npOn October 8, our SJP chapter issued its own statement, saying that we “mourned the loss of innocent Palestinian and Israeli life,” and made clear that “the killing of any life is always undignified and heartbreaking.” Later, we issued another statement urging the University of Florida to condemn all violence, antisemitism, Islamophobia, Palestinian erasure, and anti-Palestinian sentiment./p\npOur chapter has students from a variety of religious, racial, and cultural backgrounds, including members who are Jewish, Palestinian, and Palestinian-American, who believe that speaking up for Palestine is speaking up for humanity. Reading the deactivation order, we felt like we had no choice but to sue to protect our First Amendment right to free speech and free assocation. We know of multiple current and potential members of UF SJP who feared being punished and investigated. Our advocacy has suffered from having our state and university officials levy false accusations of “terrorism” against us. For months, we feared that at any moment the University could have denied us access to critical school funds, resources, and facilities that are fundamental to the survival and operation of our organization./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/free-speech/defending-free-speech-students-justice-palestine-florida\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/free-speech/defending-free-speech-students-justice-palestine-florida\n target=_blank\n \n The Importance of Defending the Free Speech Rights of Pro-Palestinian Students in Florida /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/free-speech/defending-free-speech-students-justice-palestine-florida\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletExplore the critical case that could shape the future of public students’ right to free speech and free association on campus./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/free-speech/defending-free-speech-students-justice-palestine-florida\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pNear the end of January, the ACLU, ACLU of Florida, and Palestine Legal went to court to defend our rights and, on January 31, a federal judge dismissed our lawsuit. The court found that after issuing the order, Florida officials do not intend to deactivate our chapter. Although the court did not rule on our First Amendment claims, it’s a relief to know that the court concluded our chapter does not currently face deactivation./p\npAs the judge acknowledged during the hearing on our case: “Words have consequences.” For months we have lived with fear and anxiety as a result of the order. I still carry a deep worry for my safety, for my loved ones’ safety, and the safety of any student who chooses to get involved in our SJP chapter. We hope that state officials learned their lesson when they walked back the deactivation order, and that the State University System Chancellor will now take his order down from his website./p\npI remember learning about my constitutional rights in seventh grade civics class, including how we were all entitled to free speech. The juxtaposition of what I grew up thinking college kids in the U.S. were allowed to do and say and what we went through last semester is really stark. I can’t overstate how deeply disappointing it was to see our state’s highest officials attempt to censor us. Their actions were contrary to everything I understood about how our democracy is supposed to work./p\n div class=alignfullwidth mb-8 wp-pullquote \n div class= wp-pullquote-inner\n pI can’t overstate how deeply disappointing it was to see our state’s highest officials attempt to censor us. Their actions were contrary to everything I understood about how our democracy is supposed to work./p\n \n /div\n /div\n pAt a time when the number of Palestinians killed or injured in Gaza is rising exponentially each day, standing up for our right to speak out on the issue felt like a no-brainer. While this experience hasn’t been easy, we’re proud to have fought for our rights in court. We hope our case sets a precedent that students cannot be silenced./p\n\t\tdiv class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div","short_content":"pWhile studying abroad a couple of years ago, I heard first-hand accounts from Jordanian-Palestinian friends about the displacement their families, and families like theirs, experienced during the 1948 Nakba (Arabic for “catastrophe”). Moved by the painful memories they shared, I...","content_html":"pWhile studying abroad a couple of years ago, I heard first-hand accounts from Jordanian-Palestinian friends about the displacement their families, and families like theirs, experienced during the 1948 Nakba (Arabic for “catastrophe”). Moved by the painful memories they shared, I started researching student organizations advocating for Palestinian rights, and came across the Instagram of the University of Florida (UF) chapter of Students for Justice in Palestine (SJP). When I enrolled at UF a few months later, I immediately joined./p\npAs a member of UF SJP, it was devastating when top Florida officials ordered public universities to deactivate all SJP chapters in the state, including ours. I remember being in shock when I read the order. Officials justified deactivating our chapter not because of anything our group had said or done—but because of our affiliation with the national chapter of Students for Justice in Palestine, a separate group. According to the order, certain views expressed in an advocacy toolkit the National SJP issued on October 7 violated Florida’s “material support of terrorism” law. But my student group was not even involved with the creation of that toolkit, which itself is protected by the First Amendment./p\npOn October 8, our SJP chapter issued its own statement, saying that we “mourned the loss of innocent Palestinian and Israeli life,” and made clear that “the killing of any life is always undignified and heartbreaking.” Later, we issued another statement urging the University of Florida to condemn all violence, antisemitism, Islamophobia, Palestinian erasure, and anti-Palestinian sentiment./p\npOur chapter has students from a variety of religious, racial, and cultural backgrounds, including members who are Jewish, Palestinian, and Palestinian-American, who believe that speaking up for Palestine is speaking up for humanity. Reading the deactivation order, we felt like we had no choice but to sue to protect our First Amendment right to free speech and free assocation. We know of multiple current and potential members of UF SJP who feared being punished and investigated. Our advocacy has suffered from having our state and university officials levy false accusations of “terrorism” against us. For months, we feared that at any moment the University could have denied us access to critical school funds, resources, and facilities that are fundamental to the survival and operation of our organization./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/free-speech/defending-free-speech-students-justice-palestine-florida\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/32e3bcaaa00f43000507a39dc63faeae-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/free-speech/defending-free-speech-students-justice-palestine-florida\n target=_blank\n \n The Importance of Defending the Free Speech Rights of Pro-Palestinian Students in Florida /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/free-speech/defending-free-speech-students-justice-palestine-florida\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletExplore the critical case that could shape the future of public students’ right to free speech and free association on campus./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/free-speech/defending-free-speech-students-justice-palestine-florida\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pNear the end of January, the ACLU, ACLU of Florida, and Palestine Legal went to court to defend our rights and, on January 31, a federal judge dismissed our lawsuit. The court found that after issuing the order, Florida officials do not intend to deactivate our chapter. Although the court did not rule on our First Amendment claims, it’s a relief to know that the court concluded our chapter does not currently face deactivation./p\npAs the judge acknowledged during the hearing on our case: “Words have consequences.” For months we have lived with fear and anxiety as a result of the order. I still carry a deep worry for my safety, for my loved ones’ safety, and the safety of any student who chooses to get involved in our SJP chapter. We hope that state officials learned their lesson when they walked back the deactivation order, and that the State University System Chancellor will now take his order down from his website./p\npI remember learning about my constitutional rights in seventh grade civics class, including how we were all entitled to free speech. The juxtaposition of what I grew up thinking college kids in the U.S. were allowed to do and say and what we went through last semester is really stark. I can’t overstate how deeply disappointing it was to see our state’s highest officials attempt to censor us. Their actions were contrary to everything I understood about how our democracy is supposed to work./p\n div class=alignfullwidth mb-8 wp-pullquote \n div class= wp-pullquote-inner\n pI can’t overstate how deeply disappointing it was to see our state’s highest officials attempt to censor us. Their actions were contrary to everything I understood about how our democracy is supposed to work./p\n \n /div\n /div\n pAt a time when the number of Palestinians killed or injured in Gaza is rising exponentially each day, standing up for our right to speak out on the issue felt like a no-brainer. While this experience hasn’t been easy, we’re proud to have fought for our rights in court. We hope our case sets a precedent that students cannot be silenced./p\n\t\tdiv class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div
","short_content_html":"pWhile studying abroad a couple of years ago, I heard first-hand accounts from Jordanian-Palestinian friends about the displacement their families, and families like theirs, experienced during the 1948 Nakba (Arabic for “catastrophe”). Moved by the painful memories they shared, I...
","date_published":"2024-02-12T19:00:45Z","date_modified":null,"date_collected":"2024-02-13T05:41:19.578728Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/free-speech/when-florida-officials-tried-to-silence-our-pro-palestinian-student-group-we-sued","tags":["Student Speech and Privacy","Free Speech"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/3cc56575-a28b-44ee-ae08-6eb851338c22","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"3cc56575-a28b-44ee-ae08-6eb851338c22","external_link":null,"title":"Senate Rejects Deal Threatening Protections for Asylum Seekers","content":"pThe Senate voted on Wednesday against a bill that would have been the first major overhaul of asylum and immigration law in a generation — and would have been a disastrous retreat from basic principles of fairness. As our elected leaders continue to debate immigration reforms, they must instead advance humane and sensible solutions that help manage the border without compromising our nation’s values and the safety of people fleeing danger./p\npAlthough branded as a compromise bipartisan “border security” package, this bill would have been a major rewrite of our nation’s long-standing asylum laws. To make matters worse, these changes were attached to a supplemental funding bill that also included a massive investment in failed and punitive immigration enforcement policies, such as funding to finish former President Trump’s border wall, an expansion of nationwide immigration detention, and a significant increase in surveillance targeting immigrant families. Although ostensibly dead, Senate Republicans are reportedly trying again to push for another vote on this immigration package as an amendment to foreign aid, plus additional extremist policies that would remove protections from unaccompanied children./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard1. It would have shut down the U.S.-Mexico border to asylum seekers/h2\n\t\t\n\t\t\t/div\n pAt its core lay a new rule that would have fundamentally blocked asylum for the vast majority of people who come to our southern border seeking protection. Under this new rule, once an average of 5,000 people arrive at the border daily over a seven-day period, or 8,500 people on a single day, no one would be eligible to apply for asylum between ports of entry. Furthermore, the government would have gained the power to enforce this “no-asylum” rule when there is an average of 4,000 people per day over a seven-day period./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/immigrants-rights/showing-up-to-protect-the-right-to-seek-asylum\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/immigrants-rights/showing-up-to-protect-the-right-to-seek-asylum\n target=_blank\n \n Showing Up to Protect the Right to Seek Asylum /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/immigrants-rights/showing-up-to-protect-the-right-to-seek-asylum\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletFor decades, the ACLU has worked to protect the rights of asylum seekers./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/immigrants-rights/showing-up-to-protect-the-right-to-seek-asylum\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pThis was poised to become an operational nightmare, and there’s no need for speculation regarding the horrible consequences if the government implemented this rule. We need only to look back at the chaotic and violent days under the Trump era Title 42 policy, which similarly closed our asylum system under the guise of public health. During that period a href=https://humanrightsfirst.org/title-42/#:~:text=As%20of%20December%202022%2C%20Human,since%20President%20Biden%20took%20officeover 13,480/a people were raped, murdered, kidnapped, tortured, or extorted while waiting for the border to reopen. As history has taught us, this new rule would not have stopped people from seeking safety in the U.S., but people who have undoubtedly been sent back to danger as a result./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard2. This plan would have fundamentally changed our country’s core protections for people seeking safety/h2\n\t\t\n\t\t\t/div\n pEven when people were allowed to apply for asylum, they would have been subject to a mind-boggling and dangerous fast-track deportation process, with punishing timelines for those who could not meet new restrictive screening tests./p\npIf passed, the vast majority of asylum seekers would no longer be able to seek court review of their cases, representing a major shift from our asylum and legal system. This would have denied them one of the most essential due process safeguards in a system riddled with errors. Independent judicial review has been a life-saving protection, with courts a href=https://humanrightsfirst.org/wp-content/uploads/2024/02/Preserve_Judicial_Review_of_Asylum_Decisions-formatted.pdfconsistently finding /athat asylum officers wrongly denied people protection. Asylum officers currently conduct their case screenings and interviews with the understanding that their work will be checked by an immigration judge. Eliminating that legal review would have meant sacrificing basic fairness in cases where life or death is at stake./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard3. An unprecedented increase in funding for punitive immigration policies would have been a waste of taxpayer dollars/h2\n\t\t\n\t\t\t/div\n pThe other major story about this bill is the money. It was a shockingly punitive, pro-detention bill that revived the construction of Trump’s failed border wall and included an unprecedented $3.2 billion for immigration detention — more than even allocated or requested under the previous administration. The bill also included over a billion dollars for surveillance technology that would subject individuals and a href=https://www.aclu-or.org/en/news/whats-hiding-immigration-border-deal-more-mass-surveillancefamilies/a to 24-hour suspicionless surveillance. This amounted to $4.5 billion dollars directed towards harmful and punitive immigration enforcement measures that would have impacted all immigrant families throughout the United States. Most of that funding would have lined the pockets of the for-profit prison industry, which stands to get a href=https://www.theguardian.com/us-news/2022/mar/07/us-immigration-surveillance-ice-bi-isapbillions more/a in taxpayer dollars and without the overdue oversight and accountability./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu-or.org/en/news/whats-hiding-immigration-border-deal-more-mass-surveillance\n target=_blank\n tabindex=-1\n rel=noreferrer noopener \n img width=1200 height=630 src=https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a-768x403.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a-400x210.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a-600x315.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a-800x420.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a-1000x525.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu-or.org/en/news/whats-hiding-immigration-border-deal-more-mass-surveillance\n target=_blank\n rel=noreferrer noopener \n What’s Hiding in the Immigration Border Deal? More Mass Surveillance /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu-or.org/en/news/whats-hiding-immigration-border-deal-more-mass-surveillance\n target=_blank\n tabindex=-1\n rel=noreferrer noopener \n p class=is-size-7-mobile is-size-6-tabletCongress is considering expanding a harmful surveillance program. A second Trump presidency could make those risks even more severe./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu-or.org/en/news/whats-hiding-immigration-border-deal-more-mass-surveillance\n target=_blank\n tabindex=-1\n rel=noreferrer noopener \n p class=is-size-7Source: ACLU of Oregon/p\n /a\n /div\n /div\n pIn addition to the unimaginable harm inflicted on immigrant families, the bill would have permanently undermined our moral standing in the world, and ensured the return of people to danger and even death./p\npThere is no denying the need for real changes at our southern border. However, none of these callous and extremist policies were ever going to “fix” the border: they wouldn’t have created a fairer immigration system or helped cities, states, and communities support and welcome new immigrants. What’s more, they wouldn’t even have deterred people from seeking protection or opportunities here in the U.S., as their proponents suggested. This bill would have essentially altered who we are as a country without improving the situation at the border from any perspective./p\npWith thanks to Senators Markey, Menendez, Padilla, Sanders, and Warren, all of whom voted against this deal, this harmful legislation will no longer move forward — but our work here isn’t done just yet. Now it’s time for all our elected leaders to take this failed vote as an opportunity to finally get immigration reform right and ensure we pass sensible and humane solutions to address the challenges at the border./p\n\t\tdiv class=rss-ctadiv class=rss-cta__subtitleWhat you can do:/divdiv class=rss-cta__titleTell Congress: Protect families seeking asylum/diva href=https://action.aclu.org/send-message/tell-congress-protect-families-seeking-asylum class=rss-cta__buttonSend your message/a/div","short_content":"pThe Senate voted on Wednesday against a bill that would have been the first major overhaul of asylum and immigration law in a generation — and would have been a disastrous retreat from basic principles of fairness. As our elected leaders continue to debate immigration reforms, t...","content_html":"pThe Senate voted on Wednesday against a bill that would have been the first major overhaul of asylum and immigration law in a generation — and would have been a disastrous retreat from basic principles of fairness. As our elected leaders continue to debate immigration reforms, they must instead advance humane and sensible solutions that help manage the border without compromising our nation’s values and the safety of people fleeing danger./p\npAlthough branded as a compromise bipartisan “border security” package, this bill would have been a major rewrite of our nation’s long-standing asylum laws. To make matters worse, these changes were attached to a supplemental funding bill that also included a massive investment in failed and punitive immigration enforcement policies, such as funding to finish former President Trump’s border wall, an expansion of nationwide immigration detention, and a significant increase in surveillance targeting immigrant families. Although ostensibly dead, Senate Republicans are reportedly trying again to push for another vote on this immigration package as an amendment to foreign aid, plus additional extremist policies that would remove protections from unaccompanied children./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard1. It would have shut down the U.S.-Mexico border to asylum seekers/h2\n\t\t\n\t\t\t/div\n pAt its core lay a new rule that would have fundamentally blocked asylum for the vast majority of people who come to our southern border seeking protection. Under this new rule, once an average of 5,000 people arrive at the border daily over a seven-day period, or 8,500 people on a single day, no one would be eligible to apply for asylum between ports of entry. Furthermore, the government would have gained the power to enforce this “no-asylum” rule when there is an average of 4,000 people per day over a seven-day period./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/immigrants-rights/showing-up-to-protect-the-right-to-seek-asylum\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/26f980d9135735ce0b525d8e63cce9ca-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/immigrants-rights/showing-up-to-protect-the-right-to-seek-asylum\n target=_blank\n \n Showing Up to Protect the Right to Seek Asylum /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/immigrants-rights/showing-up-to-protect-the-right-to-seek-asylum\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletFor decades, the ACLU has worked to protect the rights of asylum seekers./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/immigrants-rights/showing-up-to-protect-the-right-to-seek-asylum\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pThis was poised to become an operational nightmare, and there’s no need for speculation regarding the horrible consequences if the government implemented this rule. We need only to look back at the chaotic and violent days under the Trump era Title 42 policy, which similarly closed our asylum system under the guise of public health. During that period a href=https://humanrightsfirst.org/title-42/#:~:text=As%20of%20December%202022%2C%20Human,since%20President%20Biden%20took%20officeover 13,480/a people were raped, murdered, kidnapped, tortured, or extorted while waiting for the border to reopen. As history has taught us, this new rule would not have stopped people from seeking safety in the U.S., but people who have undoubtedly been sent back to danger as a result./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard2. This plan would have fundamentally changed our country’s core protections for people seeking safety/h2\n\t\t\n\t\t\t/div\n pEven when people were allowed to apply for asylum, they would have been subject to a mind-boggling and dangerous fast-track deportation process, with punishing timelines for those who could not meet new restrictive screening tests./p\npIf passed, the vast majority of asylum seekers would no longer be able to seek court review of their cases, representing a major shift from our asylum and legal system. This would have denied them one of the most essential due process safeguards in a system riddled with errors. Independent judicial review has been a life-saving protection, with courts a href=https://humanrightsfirst.org/wp-content/uploads/2024/02/Preserve_Judicial_Review_of_Asylum_Decisions-formatted.pdfconsistently finding /athat asylum officers wrongly denied people protection. Asylum officers currently conduct their case screenings and interviews with the understanding that their work will be checked by an immigration judge. Eliminating that legal review would have meant sacrificing basic fairness in cases where life or death is at stake./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standard3. An unprecedented increase in funding for punitive immigration policies would have been a waste of taxpayer dollars/h2\n\t\t\n\t\t\t/div\n pThe other major story about this bill is the money. It was a shockingly punitive, pro-detention bill that revived the construction of Trump’s failed border wall and included an unprecedented $3.2 billion for immigration detention — more than even allocated or requested under the previous administration. The bill also included over a billion dollars for surveillance technology that would subject individuals and a href=https://www.aclu-or.org/en/news/whats-hiding-immigration-border-deal-more-mass-surveillancefamilies/a to 24-hour suspicionless surveillance. This amounted to $4.5 billion dollars directed towards harmful and punitive immigration enforcement measures that would have impacted all immigrant families throughout the United States. Most of that funding would have lined the pockets of the for-profit prison industry, which stands to get a href=https://www.theguardian.com/us-news/2022/mar/07/us-immigration-surveillance-ice-bi-isapbillions more/a in taxpayer dollars and without the overdue oversight and accountability./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu-or.org/en/news/whats-hiding-immigration-border-deal-more-mass-surveillance\n target=_blank\n tabindex=-1\n rel=noreferrer noopener \n img width=1200 height=630 src=https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a-768x403.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a-400x210.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a-600x315.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a-800x420.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/2168519ceac1da204c4f825d20480d5a-1000x525.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu-or.org/en/news/whats-hiding-immigration-border-deal-more-mass-surveillance\n target=_blank\n rel=noreferrer noopener \n What’s Hiding in the Immigration Border Deal? More Mass Surveillance /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu-or.org/en/news/whats-hiding-immigration-border-deal-more-mass-surveillance\n target=_blank\n tabindex=-1\n rel=noreferrer noopener \n p class=is-size-7-mobile is-size-6-tabletCongress is considering expanding a harmful surveillance program. A second Trump presidency could make those risks even more severe./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu-or.org/en/news/whats-hiding-immigration-border-deal-more-mass-surveillance\n target=_blank\n tabindex=-1\n rel=noreferrer noopener \n p class=is-size-7Source: ACLU of Oregon/p\n /a\n /div\n /div\n pIn addition to the unimaginable harm inflicted on immigrant families, the bill would have permanently undermined our moral standing in the world, and ensured the return of people to danger and even death./p\npThere is no denying the need for real changes at our southern border. However, none of these callous and extremist policies were ever going to “fix” the border: they wouldn’t have created a fairer immigration system or helped cities, states, and communities support and welcome new immigrants. What’s more, they wouldn’t even have deterred people from seeking protection or opportunities here in the U.S., as their proponents suggested. This bill would have essentially altered who we are as a country without improving the situation at the border from any perspective./p\npWith thanks to Senators Markey, Menendez, Padilla, Sanders, and Warren, all of whom voted against this deal, this harmful legislation will no longer move forward — but our work here isn’t done just yet. Now it’s time for all our elected leaders to take this failed vote as an opportunity to finally get immigration reform right and ensure we pass sensible and humane solutions to address the challenges at the border./p\n\t\tdiv class=rss-ctadiv class=rss-cta__subtitleWhat you can do:/divdiv class=rss-cta__titleTell Congress: Protect families seeking asylum/diva href=https://action.aclu.org/send-message/tell-congress-protect-families-seeking-asylum class=rss-cta__buttonSend your message/a/div
","short_content_html":"pThe Senate voted on Wednesday against a bill that would have been the first major overhaul of asylum and immigration law in a generation — and would have been a disastrous retreat from basic principles of fairness. As our elected leaders continue to debate immigration reforms, t...
","date_published":"2024-02-08T17:51:42Z","date_modified":null,"date_collected":"2024-02-09T01:34:19.940673Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/immigrants-rights/senate-rejects-deal-threatening-protections-for-asylum-seekers","tags":["Immigrants' Rights","Human Rights and Immigration","Human Rights"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/cf350bdf-4942-4d55-92a6-e147ad836f06","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"cf350bdf-4942-4d55-92a6-e147ad836f06","external_link":null,"title":"When it Comes to Facial Recognition, There is No Such Thing as a Magic Number","content":"pWe often hear about government misuse of face recognition technology (FRT) and how it can a href=https://www.wired.com/story/wrongful-arrests-ai-derailed-3-mens-lives/derail/a a person’s life through wrongful arrests and other harms. Despite mounting evidence, government agencies continue to push face recognition systems on communities across the United States. Key to this effort are the corporate makers and sellers who market this technology as reliable, accurate, and safe – often by pointing to their products’ scores on government-run performance tests./p\npAll of this might tempt policymakers to believe that the safety and civil rights problems of facial recognition can be solved by mandating a certain performance score or grade. However, relying solely on test scores risks obscuring deeper problems with face recognition while overstating its effectiveness and real-life safety./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardHow are facial recognition systems tested? /h2\n\t\t\n\t\t\t/div\n pMany facial recognition systems are tested by the federal National Institute of Standards and Technology (NIST). In one of their tests, NIST uses companies’ algorithms to try and search for a face within a large “matching database” of faces. In broad strokes, this test appears to resemble how police use face recognition today, feeding an image of a single unknown person’s face into an algorithm that compares it against a large database of mugshot or driver’s license photos and generates suggested images, paired with numbers that represent estimates of how similar the images are./p\npThese and other tests can reveal disturbing racial disparities. In their own a href=http://gendershades.org/overview.htmlgroundbreaking research/a, computer scientists Dr. Joy Buolamwini and Dr. Timnit Gebru tested several prominent gender classification algorithms, and a href=https://proceedings.mlr.press/v81/buolamwini18a/buolamwini18a.pdffound that/a those systems were less likely to accurately classify the faces of women with darker complexions. Following that, the ACLU of Northern California performed its own test of Amazon’s facial recognition software, which a href=https://www.aclu.org/news/privacy-technology/amazons-face-recognition-falsely-matched-28falsely matched/a the faces of 28 members of Congress with faces in a mugshot database, with Congressmembers of color being misidentified at higher rates. Since then, additional testing by a href=https://pages.nist.gov/frvt/reports/demographics/nistir_8429.pdfNIST/a and a href=https://openaccess.thecvf.com/content/WACV2023W/DVPBA/papers/Bhatta_The_Gender_Gap_in_Face_Recognition_Accuracy_Is_a_Hairy_WACVW_2023_paper.pdfacademic researchers/a indicates that these problems persist./p\npWhile testing of facial recognition for accuracy and fairness across race, sex, and other characteristics is critical, the tests do not take full account of practical realities. There is no laboratory test that represents the conditions and reality of a href=https://www.aclu.org/cases/parks-v-mccormac?document=Amicus-Briefhow police use face recognition/a in real world-scenarios. For one, testing labs are not going to have access to the exact “matching database,” the particular digital library of faces on mugshots, licenses, and surveillance photos, that police in a specific community search through when they operate face recognition. And tests cannot account for the full range of low-quality images from surveillance cameras (a href=https://www.wired.com/story/parabon-nanolabs-dna-face-models-police-facial-recognition/and truly dubious sources/a) that police feed into these systems, or the trouble police have when visually reviewing and choosing from a set of possible matches produced by the technology./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/cases/parks-v-mccormac\n target=_blank\n tabindex=-1\n \n img width=700 height=350 src=https://www.aclu.org/wp-content/uploads/2023/06/01b485e2a16c02cde9cc7378926d513c.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2023/06/01b485e2a16c02cde9cc7378926d513c.jpg 700w, https://www.aclu.org/wp-content/uploads/2023/06/01b485e2a16c02cde9cc7378926d513c-400x200.jpg 400w, https://www.aclu.org/wp-content/uploads/2023/06/01b485e2a16c02cde9cc7378926d513c-600x300.jpg 600w sizes=(max-width: 700px) 100vw, 700px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/cases/parks-v-mccormac\n target=_blank\n \n Parks v. McCormac /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/cases/parks-v-mccormac\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletOn January 29, 2024, the ACLU and the ACLU of New Jersey filed an amicus brief in the U.S. District Court for the District of New Jersey in support of/p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/cases/parks-v-mccormac\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pIn response to these real concerns, vendors routinely hold up their performance on tests in their a href=https://www.clearview.ai/post/debunking-the-three-biggest-myths-about-clearview-aimarketing to government agencies/a as evidence of facial recognition’s reliability and accuracy. Lawmakers have also a href=https://legiscan.com/CA/text/AB642/id/2796168sought to legislate performance scores/a that set across-the-board accuracy or error-rate requirements for facial recognition algorithms used by police that would allow police to use FRT systems that clear these requirements. This approach would be misguided./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardHow can performance scores be misleading? /h2\n\t\t\n\t\t\t/div\n pIt is easy to be misled by performance scores. Imagine a requirement that police can only use systems that produce an overall true positive rate, a measure of how often the results returned by a FRT system include a match for the person depicted in the probe image when there is a matching image in the database, above 98 percent in testing. At first glance, that might sound like a pretty strong requirement — but a closer look reveals a very different story./p\npFor one, police typically configure and customize facial recognition systems to return a list of multiple results, sometimes as many as hundreds of results. Think of this as a ‘digital lineup.’ In NIST testing, if at least one of the results returned is a match for the probe image, the search is considered successful and counted as part of the true positive rate metric. But even when this happens in practice — which certainly isn’t always the case — there is no guarantee that police will select the true match rather than one of the other results. True matches in testing might be crowded out by false matches in practice because of these police-created ‘digital lineups.’ This alone makes it difficult to choose one universal performance score that can be applied to many different FRT systems./p\npLet’s look at another metric called the false positive rate, which assesses how often a FRT search will return results when there is no matching image in the database. Breaking results down by race, the same algorithm that produces the 98 percent true positive rate overall can also produce a false positive rate for Black men several times the false positive rate for white men — and an even higher false positive rate for Black women. This example is not merely a hypothetical: in a href=https://nvlpubs.nist.gov/nistpubs/ir/2019/nist.ir.8280.pdfNIST testing,/a many algorithms have exhibited this pattern. (1) a href=https://pages.nist.gov/frvt/html/frvt_demographics.htmlOther recent NIST testing/a also shows algorithms produced false positive rates tens or hundreds of times higher for females older than 65 born in West African countries than for males ages 20-35 born in Eastern European countries. (2)/p\npBy only considering the true positive rate, we miss these extreme disparities, which can lead to devastating consequences. Across the United States, police are arresting people based on false matches and harming people like a href=https://www.nytimes.com/2020/12/29/technology/facial-recognition-misidentify-jail.htmlNijeer Parks/a, a Black man who police in New Jersey falsely arrested and held in jail for ten days because police trusted the results of face recognition, overlooking obvious exonerating evidence. Human mis-reliance on face recognition is already a problem; focusing on performance scores might make things worse./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardWhat’s the takeaway for policymakers? /h2\n\t\t\n\t\t\t/div\n pLawmakers should know that a facial recognition algorithm’s performance on a test cannot be easily or quickly generalized to make broad claims about whether a facial recognition algorithm is safe. Performance scores are not an easy fix to the harms that are resulting from the use of face recognition systems, and they of course don’t account for humans that will inevitably be in the loop./p\npAs the ACLU explained in its recent a href=https://www.aclu.org/documents/aclu-comment-facial-recognition-and-biometric-technologies-eo-14074-13epublic comment/a to the Biden Administration, the problems of facial recognition run deep and beyond the software itself. Facial recognition is dangerous if it’s inaccurate — a problem that testing aims to address — but also dangerous even if it could hypothetically be perfectly accurate. In such a world, governments could use face surveillance to precisely track us as we leave home, attend a protest, or take public transit to the doctor’s office. This is why policymakers in an expanding list of U.S. cities and counties have decided to prohibit government use of face recognition. And it’s why a href=https://www.aclu.org/press-releases/aclu-calls-moratorium-law-and-immigration-enforcement-use-facial-recognitionACLU supports a federal moratorium/a on its use by law and immigration enforcement agencies./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/documents/aclu-comment-facial-recognition-and-biometric-technologies-eo-14074-13e\n target=_blank\n tabindex=-1\n \n /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/documents/aclu-comment-facial-recognition-and-biometric-technologies-eo-14074-13e\n target=_blank\n \n ACLU Comment re: Request for Comment on Law Enforcement Agencies' Use of Facial Recognition Technology, Other Technologies Using Biometric Information, and Predictive Algorithms (Exec. Order 14074, Section 13(e)) /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/documents/aclu-comment-facial-recognition-and-biometric-technologies-eo-14074-13e\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tablet/p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/documents/aclu-comment-facial-recognition-and-biometric-technologies-eo-14074-13e\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pConversations about the shortcomings of performance scores are important, but instead of trying to find some magic number, policymakers should focus on how any use of facial recognition can expand discriminatory policing, massively expand the power of government, and create the conditions for authoritarian control of our private lives./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th4 id= class=wp-heading-h4 with-standardEndnotes: /h4\n\t\t\n\t\t\t/div\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th4 id= class=wp-heading-h4 with-standard(1) For one demonstrative example, an FRT algorithm developed by the vendor NEC and submitted to NIST’s vendor testing program produced an overall true positive rate above 98% in some of the testing. See National Institute of Standards and Technology, Face Recognition Vendor Test Report Card for NEC-2 1, https://pages.nist.gov/frvt/reportcards/1N/nec_2.pdf (finding a false negative identification rate (FNIR) of less than .02—or 2%—for testing using multiple datasets. The true positive identification rate (TPIR) is one minus the FPIR). However, in other NIST testing, the same algorithm also produced false positive rates for Black men more than three times the false match rate for white men at various thresholds. See Patrick Grother et al., U.S. Dep’t of Com., Nat’l Inst. for Standards amp; Tech., Face Recognition Vendor Test Part 3: Demographic Effects Annex 16 at 34 fig.32, (Dec. 2019), https://pages.nist.gov/frvt/reports/demographics/annexes/annex_16.pdf. /h4\n\t\t\n\t\t\t/div\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th4 id= class=wp-heading-h4 with-standard(2) See National Institute of Standards and Technology, Face Recognition Technology Evaluation: Demographic Effects in Face Recognition, FRTE 1:1 Demographic Differentials Summary, False Positive Differentials, https://pages.nist.gov/frvt/html/frvt_demographics.html (Last visited February 6, 2024). The table summarizes demographic differentials in false match rates for various 1:1 algorithms and highlights that many algorithms exhibit false match rates differentials for images of people of different ages, sexes, and regions of birth. For example, the algorithm labelled as “recognito_001” produced a false match rate for images of females over 65 born in West African countries 3000 times the false match rate for images of males ages 20-35 born in Eastern European countries. NIST notes that “While this table lists results for 1:1 algorithms, it will have relevance to that subset of 1:N algorithms that implement 1:N search as N 1:1 comparisons followed by a sort operation. The demographic effects noted here will be material in 1:N operations and will be magnified if the gallery and the search stream include the affected demographic.” /h4\n\t\t\n\t\t\t/div\n\t\tdiv class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div","short_content":"pWe often hear about government misuse of face recognition technology (FRT) and how it can a href=https://www.wired.com/story/wrongful-arrests-ai-derailed-3-mens-lives/derail/a a person’s life through wrongful arrests and other harms. Despite mounting evidence, government agencie...","content_html":"pWe often hear about government misuse of face recognition technology (FRT) and how it can a href=https://www.wired.com/story/wrongful-arrests-ai-derailed-3-mens-lives/derail/a a person’s life through wrongful arrests and other harms. Despite mounting evidence, government agencies continue to push face recognition systems on communities across the United States. Key to this effort are the corporate makers and sellers who market this technology as reliable, accurate, and safe – often by pointing to their products’ scores on government-run performance tests./p\npAll of this might tempt policymakers to believe that the safety and civil rights problems of facial recognition can be solved by mandating a certain performance score or grade. However, relying solely on test scores risks obscuring deeper problems with face recognition while overstating its effectiveness and real-life safety./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardHow are facial recognition systems tested? /h2\n\t\t\n\t\t\t/div\n pMany facial recognition systems are tested by the federal National Institute of Standards and Technology (NIST). In one of their tests, NIST uses companies’ algorithms to try and search for a face within a large “matching database” of faces. In broad strokes, this test appears to resemble how police use face recognition today, feeding an image of a single unknown person’s face into an algorithm that compares it against a large database of mugshot or driver’s license photos and generates suggested images, paired with numbers that represent estimates of how similar the images are./p\npThese and other tests can reveal disturbing racial disparities. In their own a href=http://gendershades.org/overview.htmlgroundbreaking research/a, computer scientists Dr. Joy Buolamwini and Dr. Timnit Gebru tested several prominent gender classification algorithms, and a href=https://proceedings.mlr.press/v81/buolamwini18a/buolamwini18a.pdffound that/a those systems were less likely to accurately classify the faces of women with darker complexions. Following that, the ACLU of Northern California performed its own test of Amazon’s facial recognition software, which a href=https://www.aclu.org/news/privacy-technology/amazons-face-recognition-falsely-matched-28falsely matched/a the faces of 28 members of Congress with faces in a mugshot database, with Congressmembers of color being misidentified at higher rates. Since then, additional testing by a href=https://pages.nist.gov/frvt/reports/demographics/nistir_8429.pdfNIST/a and a href=https://openaccess.thecvf.com/content/WACV2023W/DVPBA/papers/Bhatta_The_Gender_Gap_in_Face_Recognition_Accuracy_Is_a_Hairy_WACVW_2023_paper.pdfacademic researchers/a indicates that these problems persist./p\npWhile testing of facial recognition for accuracy and fairness across race, sex, and other characteristics is critical, the tests do not take full account of practical realities. There is no laboratory test that represents the conditions and reality of a href=https://www.aclu.org/cases/parks-v-mccormac?document=Amicus-Briefhow police use face recognition/a in real world-scenarios. For one, testing labs are not going to have access to the exact “matching database,” the particular digital library of faces on mugshots, licenses, and surveillance photos, that police in a specific community search through when they operate face recognition. And tests cannot account for the full range of low-quality images from surveillance cameras (a href=https://www.wired.com/story/parabon-nanolabs-dna-face-models-police-facial-recognition/and truly dubious sources/a) that police feed into these systems, or the trouble police have when visually reviewing and choosing from a set of possible matches produced by the technology./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/cases/parks-v-mccormac\n target=_blank\n tabindex=-1\n \n img width=700 height=350 src=https://www.aclu.org/wp-content/uploads/2023/06/01b485e2a16c02cde9cc7378926d513c.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2023/06/01b485e2a16c02cde9cc7378926d513c.jpg 700w, https://www.aclu.org/wp-content/uploads/2023/06/01b485e2a16c02cde9cc7378926d513c-400x200.jpg 400w, https://www.aclu.org/wp-content/uploads/2023/06/01b485e2a16c02cde9cc7378926d513c-600x300.jpg 600w sizes=(max-width: 700px) 100vw, 700px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/cases/parks-v-mccormac\n target=_blank\n \n Parks v. McCormac /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/cases/parks-v-mccormac\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletOn January 29, 2024, the ACLU and the ACLU of New Jersey filed an amicus brief in the U.S. District Court for the District of New Jersey in support of/p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/cases/parks-v-mccormac\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pIn response to these real concerns, vendors routinely hold up their performance on tests in their a href=https://www.clearview.ai/post/debunking-the-three-biggest-myths-about-clearview-aimarketing to government agencies/a as evidence of facial recognition’s reliability and accuracy. Lawmakers have also a href=https://legiscan.com/CA/text/AB642/id/2796168sought to legislate performance scores/a that set across-the-board accuracy or error-rate requirements for facial recognition algorithms used by police that would allow police to use FRT systems that clear these requirements. This approach would be misguided./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardHow can performance scores be misleading? /h2\n\t\t\n\t\t\t/div\n pIt is easy to be misled by performance scores. Imagine a requirement that police can only use systems that produce an overall true positive rate, a measure of how often the results returned by a FRT system include a match for the person depicted in the probe image when there is a matching image in the database, above 98 percent in testing. At first glance, that might sound like a pretty strong requirement — but a closer look reveals a very different story./p\npFor one, police typically configure and customize facial recognition systems to return a list of multiple results, sometimes as many as hundreds of results. Think of this as a ‘digital lineup.’ In NIST testing, if at least one of the results returned is a match for the probe image, the search is considered successful and counted as part of the true positive rate metric. But even when this happens in practice — which certainly isn’t always the case — there is no guarantee that police will select the true match rather than one of the other results. True matches in testing might be crowded out by false matches in practice because of these police-created ‘digital lineups.’ This alone makes it difficult to choose one universal performance score that can be applied to many different FRT systems./p\npLet’s look at another metric called the false positive rate, which assesses how often a FRT search will return results when there is no matching image in the database. Breaking results down by race, the same algorithm that produces the 98 percent true positive rate overall can also produce a false positive rate for Black men several times the false positive rate for white men — and an even higher false positive rate for Black women. This example is not merely a hypothetical: in a href=https://nvlpubs.nist.gov/nistpubs/ir/2019/nist.ir.8280.pdfNIST testing,/a many algorithms have exhibited this pattern. (1) a href=https://pages.nist.gov/frvt/html/frvt_demographics.htmlOther recent NIST testing/a also shows algorithms produced false positive rates tens or hundreds of times higher for females older than 65 born in West African countries than for males ages 20-35 born in Eastern European countries. (2)/p\npBy only considering the true positive rate, we miss these extreme disparities, which can lead to devastating consequences. Across the United States, police are arresting people based on false matches and harming people like a href=https://www.nytimes.com/2020/12/29/technology/facial-recognition-misidentify-jail.htmlNijeer Parks/a, a Black man who police in New Jersey falsely arrested and held in jail for ten days because police trusted the results of face recognition, overlooking obvious exonerating evidence. Human mis-reliance on face recognition is already a problem; focusing on performance scores might make things worse./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardWhat’s the takeaway for policymakers? /h2\n\t\t\n\t\t\t/div\n pLawmakers should know that a facial recognition algorithm’s performance on a test cannot be easily or quickly generalized to make broad claims about whether a facial recognition algorithm is safe. Performance scores are not an easy fix to the harms that are resulting from the use of face recognition systems, and they of course don’t account for humans that will inevitably be in the loop./p\npAs the ACLU explained in its recent a href=https://www.aclu.org/documents/aclu-comment-facial-recognition-and-biometric-technologies-eo-14074-13epublic comment/a to the Biden Administration, the problems of facial recognition run deep and beyond the software itself. Facial recognition is dangerous if it’s inaccurate — a problem that testing aims to address — but also dangerous even if it could hypothetically be perfectly accurate. In such a world, governments could use face surveillance to precisely track us as we leave home, attend a protest, or take public transit to the doctor’s office. This is why policymakers in an expanding list of U.S. cities and counties have decided to prohibit government use of face recognition. And it’s why a href=https://www.aclu.org/press-releases/aclu-calls-moratorium-law-and-immigration-enforcement-use-facial-recognitionACLU supports a federal moratorium/a on its use by law and immigration enforcement agencies./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/documents/aclu-comment-facial-recognition-and-biometric-technologies-eo-14074-13e\n target=_blank\n tabindex=-1\n \n /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/documents/aclu-comment-facial-recognition-and-biometric-technologies-eo-14074-13e\n target=_blank\n \n ACLU Comment re: Request for Comment on Law Enforcement Agencies' Use of Facial Recognition Technology, Other Technologies Using Biometric Information, and Predictive Algorithms (Exec. Order 14074, Section 13(e)) /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/documents/aclu-comment-facial-recognition-and-biometric-technologies-eo-14074-13e\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tablet/p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/documents/aclu-comment-facial-recognition-and-biometric-technologies-eo-14074-13e\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pConversations about the shortcomings of performance scores are important, but instead of trying to find some magic number, policymakers should focus on how any use of facial recognition can expand discriminatory policing, massively expand the power of government, and create the conditions for authoritarian control of our private lives./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th4 id= class=wp-heading-h4 with-standardEndnotes: /h4\n\t\t\n\t\t\t/div\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th4 id= class=wp-heading-h4 with-standard(1) For one demonstrative example, an FRT algorithm developed by the vendor NEC and submitted to NIST’s vendor testing program produced an overall true positive rate above 98% in some of the testing. See National Institute of Standards and Technology, Face Recognition Vendor Test Report Card for NEC-2 1, https://pages.nist.gov/frvt/reportcards/1N/nec_2.pdf (finding a false negative identification rate (FNIR) of less than .02—or 2%—for testing using multiple datasets. The true positive identification rate (TPIR) is one minus the FPIR). However, in other NIST testing, the same algorithm also produced false positive rates for Black men more than three times the false match rate for white men at various thresholds. See Patrick Grother et al., U.S. Dep’t of Com., Nat’l Inst. for Standards amp; Tech., Face Recognition Vendor Test Part 3: Demographic Effects Annex 16 at 34 fig.32, (Dec. 2019), https://pages.nist.gov/frvt/reports/demographics/annexes/annex_16.pdf. /h4\n\t\t\n\t\t\t/div\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th4 id= class=wp-heading-h4 with-standard(2) See National Institute of Standards and Technology, Face Recognition Technology Evaluation: Demographic Effects in Face Recognition, FRTE 1:1 Demographic Differentials Summary, False Positive Differentials, https://pages.nist.gov/frvt/html/frvt_demographics.html (Last visited February 6, 2024). The table summarizes demographic differentials in false match rates for various 1:1 algorithms and highlights that many algorithms exhibit false match rates differentials for images of people of different ages, sexes, and regions of birth. For example, the algorithm labelled as “recognito_001” produced a false match rate for images of females over 65 born in West African countries 3000 times the false match rate for images of males ages 20-35 born in Eastern European countries. NIST notes that “While this table lists results for 1:1 algorithms, it will have relevance to that subset of 1:N algorithms that implement 1:N search as N 1:1 comparisons followed by a sort operation. The demographic effects noted here will be material in 1:N operations and will be magnified if the gallery and the search stream include the affected demographic.” /h4\n\t\t\n\t\t\t/div\n\t\tdiv class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div
","short_content_html":"pWe often hear about government misuse of face recognition technology (FRT) and how it can a href=https://www.wired.com/story/wrongful-arrests-ai-derailed-3-mens-lives/derail/a a person’s life through wrongful arrests and other harms. Despite mounting evidence, government agencie...
","date_published":"2024-02-07T18:53:53Z","date_modified":null,"date_collected":"2024-02-07T23:07:59.651189Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/privacy-technology/when-it-comes-to-facial-recognition-there-is-no-such-thing-as-a-magic-number","tags":["Privacy Technology"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null},{"url":"https://pine.blog/api/posts/37565313-0f12-401f-9692-3ea4a5d1157b","author":{"name":"American Civil Liberties Union","image":null},"site":{"url":"https://pine.blog/api/sites/eebbf593-91a4-40c0-a7d4-b1ee5170b579","title":"American Civil Liberties Union","link":"https://www.aclu.org/","image":null},"feed":{"url":"https://pine.blog/api/feeds/feaf1603-e062-41df-8b73-4696b0c7d53c","default":true,"feed_url":"https://www.aclu.org/blog/feed","title":"American Civil Liberties Union","last_updated":"2024-03-28T10:16:16.854834Z","special_source":null},"id":"37565313-0f12-401f-9692-3ea4a5d1157b","external_link":null,"title":"Changing the Mental Health Emergency Response System in Washington County, Oregon","content":"pOn October 24, 2022 at 2 a.m., 27-year-old Joshua Wesley called a crisis help line from his home in Washington County, Oregon, just west of Portland. He was having suicidal thoughts and knew that he needed professional help. But instead of receiving a mental health provider as specifically requested, he encountered a group of armed police officers at his door. This response not only deprived Wesley of the immediate psychiatric care that he needed, but it also led to him being arrested and seriously injured by the responding officer. He ultimately spent two weeks in the hospital, and six months in jail./p\npWesley told us that he felt that he needed qualified professionals to console him, talk him down, and give him solutions. But the officers that showed up made the situation worse by simply trying tried to put him in handcuffs and cart him off./p\npJoining forces with the ACLU, Disability Rights Oregon, the ACLU of Oregon, and the law firm Shepherd Mullin, Wesley is a plaintiff in a recently filed lawsuit against Washington County and the local 911 dispatch center. The lawsuit asserts that the county’s emergency response system discriminates against people with mental health disabilities and exposes them to risk of serious harm, including injury, arrest, and incarceration. Wesley said that he joined the case because he believes strongly in helping out others facing similar struggles./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardA Life-or-Death Situation/h2\n\t\t\n\t\t\t/div\n pWashington County has a history of inappropriately responding to mental health crises. In 2022, police officers were dispatched to 100 percent of the calls coded as “behavioral health incidents” in Washington County. The county does have mobile crisis teams comprised exclusively of mental health clinicians, the sole non-police response available there. But, while the mobile crisis teams are intended to be available 24/7, in practice, they’re underfunded, not connected with the emergency dispatch system, and often unavailable — especially at night, when many mental health crises occur./p\npPolice response to mental health crises can be dangerous and even deadly. Police officers are not qualified mental health professionals and should not be expected to assess and treat people in crisis. Beyond that, police presence may actually make mental health symptoms worse, triggering anxiety and paranoia. Most alarming of all, it is a href=https://www.treatmentadvocacycenter.org/reports_publications/overlooked-in-the-undercounted-the-role-of-mental-illness-in-fatal-law-enforcement-encounters/estimated/a that people with untreated mental illness are 16 times more likely than others to be killed by the police during an encounter./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/criminal-law-reform/911-reimagining-a-system-that-defaults-to-dispatching-police\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/criminal-law-reform/911-reimagining-a-system-that-defaults-to-dispatching-police\n target=_blank\n \n 911: Reimagining a System that Defaults to Dispatching Police /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/criminal-law-reform/911-reimagining-a-system-that-defaults-to-dispatching-police\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletEmergency response systems must be revamped to equip 911 call-takers to dispatch non-police first responders./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/criminal-law-reform/911-reimagining-a-system-that-defaults-to-dispatching-police\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pThat’s what nearly happened in Wesley’s case. Instead of being provided with the care he was seeking — on-site psychiatric assessment and treatment — he was placed under a “police officer hold,” a form of involuntary detention, and transported to a hospital via ambulance. Wesley was not treated or stabilized during transport and his symptoms worsened. At the hospital, Wesley was still suicidal and he attempted to take an officer’s firearm to use on himself. During the incident, the officer stabbed Wesley several times, resulting in serious injuries to his chest, stomach, and head./p\npThe damage to Wesley’s body serves as a constant reminder of the incident. The scars left from the incident demonstrate that there could have been other ways to deal with the situation, Wesley told us./p\npWesley then spent two weeks in the hospital recovering. During this time, his repeated requests for mental health assistance and therapy were denied. He remained handcuffed to his bed and kept under near-constant police surveillance. Wesley felt that the doctors stopped looking at him as a patient who needed help and treatment to heal, but rather, as a criminal./p\npAfter being released from the hospital, Wesley faced criminal charges arising from the altercation with the officer. He spent six months in jail, missing the birth of his first and only son. He also missed the holidays and time with his family at a time of great strife./p\npUltimately, it took months for Wesley to receive the psychiatric help that he first sought in October./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardA More Humane Emergency Response/h2\n\t\t\n\t\t\t/div\n pWhen someone in Washington County experiences a physical health crisis, like a heart attack or a severe allergic reaction, they can call 911 and expect a response from a qualified medical professional, like an EMT or paramedic. The same cannot be said, however, for someone experiencing a mental health crisis./p\npThe lawsuit explains how this discrepancy violates the Americans with Disabilities Act and Rehabilitation Act. Mental health crises demand a mental health response — not a police response — because they are, at their core, health emergencies./p\npExperts agree that mental health emergencies should be addressed by mental health professionals, not the police. As part of theira href=https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care-02242020.pdf recommended best practices,/a the Substance Abuse and Mental Health Services Administration (SAMHSA) proposes a three-tiered system that includes a crisis call center, mobile crisis teams, and stabilization centers for walk-ins and drop-offs. SAMHSA also noted that responding with police is “unacceptable and unsafe,” a view that the a href=https://www.nami.org/Blogs/NAMI-Blog/July-2022/Mobile-Crisis-Teams-Providing-an-Alternative-to-Law-Enforcement-for-Mental-Health-CrisesNational Alliance on Mental Illness/a shares./p\npAs a result of Washington County’s inappropriate response to mental health crises, it discriminates against people with mental health disabilities on a daily basis. . This lawsuit seeks to improve its mental healthcare system. Possible solutions include fully funding mobile crisis response teams that can bring care and support to the people who need it, when they need it./p\npWashington County isn#8217;t the only jurisdiction with a system in need of reform. Justice Department investigations have found similar discrimination in Louisville and Minneapolis, stating that relying on police as mental health first responders causes “real harm in the form of trauma, injury, and death to people experiencing behavioral health issues.”/p\npWesley hopes that this case brings widespread attention to an issue that impacts many lives on a daily basis. People with mental health disabilities are harmed both because of a failed response to mental health crises , and because many people with mental health disabilities don’t want to call for help out of fear of an armed police response. Wesley sees a need nationwide for an important reckoning for how jurisdictions respond to mental health crises. Counties and other locales should be looking at their systems and asking, “Is our system for mental health crisis response fair? Is it safe? Is it right?”/p\npHow jurisdictions answer these questions could have a major impact on the care and support people with mental health disabilities receive while in crisis. We must not allow discriminatory practices that cause real harm and death to go unchecked./p\n\t\tdiv class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div","short_content":"pOn October 24, 2022 at 2 a.m., 27-year-old Joshua Wesley called a crisis help line from his home in Washington County, Oregon, just west of Portland. He was having suicidal thoughts and knew that he needed professional help. But instead of receiving a mental health provider as s...","content_html":"pOn October 24, 2022 at 2 a.m., 27-year-old Joshua Wesley called a crisis help line from his home in Washington County, Oregon, just west of Portland. He was having suicidal thoughts and knew that he needed professional help. But instead of receiving a mental health provider as specifically requested, he encountered a group of armed police officers at his door. This response not only deprived Wesley of the immediate psychiatric care that he needed, but it also led to him being arrested and seriously injured by the responding officer. He ultimately spent two weeks in the hospital, and six months in jail./p\npWesley told us that he felt that he needed qualified professionals to console him, talk him down, and give him solutions. But the officers that showed up made the situation worse by simply trying tried to put him in handcuffs and cart him off./p\npJoining forces with the ACLU, Disability Rights Oregon, the ACLU of Oregon, and the law firm Shepherd Mullin, Wesley is a plaintiff in a recently filed lawsuit against Washington County and the local 911 dispatch center. The lawsuit asserts that the county’s emergency response system discriminates against people with mental health disabilities and exposes them to risk of serious harm, including injury, arrest, and incarceration. Wesley said that he joined the case because he believes strongly in helping out others facing similar struggles./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardA Life-or-Death Situation/h2\n\t\t\n\t\t\t/div\n pWashington County has a history of inappropriately responding to mental health crises. In 2022, police officers were dispatched to 100 percent of the calls coded as “behavioral health incidents” in Washington County. The county does have mobile crisis teams comprised exclusively of mental health clinicians, the sole non-police response available there. But, while the mobile crisis teams are intended to be available 24/7, in practice, they’re underfunded, not connected with the emergency dispatch system, and often unavailable — especially at night, when many mental health crises occur./p\npPolice response to mental health crises can be dangerous and even deadly. Police officers are not qualified mental health professionals and should not be expected to assess and treat people in crisis. Beyond that, police presence may actually make mental health symptoms worse, triggering anxiety and paranoia. Most alarming of all, it is a href=https://www.treatmentadvocacycenter.org/reports_publications/overlooked-in-the-undercounted-the-role-of-mental-illness-in-fatal-law-enforcement-encounters/estimated/a that people with untreated mental illness are 16 times more likely than others to be killed by the police during an encounter./p\n\n div class=mp-md wp-link\n div class=wp-link__img-wrapper\n a\n href=https://www.aclu.org/news/criminal-law-reform/911-reimagining-a-system-that-defaults-to-dispatching-police\n target=_blank\n tabindex=-1\n \n img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/7d213448e117ddd5d2241ad28928c059-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a\n /div\n div class=wp-link__title\n a\n href=https://www.aclu.org/news/criminal-law-reform/911-reimagining-a-system-that-defaults-to-dispatching-police\n target=_blank\n \n 911: Reimagining a System that Defaults to Dispatching Police /a\n /div\n div class=wp-link__description\n a\n href=https://www.aclu.org/news/criminal-law-reform/911-reimagining-a-system-that-defaults-to-dispatching-police\n target=_blank\n tabindex=-1\n \n p class=is-size-7-mobile is-size-6-tabletEmergency response systems must be revamped to equip 911 call-takers to dispatch non-police first responders./p\n /a\n /div\n div class=wp-link__source p-4 px-6-tablet\n a\n href=https://www.aclu.org/news/criminal-law-reform/911-reimagining-a-system-that-defaults-to-dispatching-police\n target=_blank\n tabindex=-1\n \n p class=is-size-7Source: American Civil Liberties Union/p\n /a\n /div\n /div\n pThat’s what nearly happened in Wesley’s case. Instead of being provided with the care he was seeking — on-site psychiatric assessment and treatment — he was placed under a “police officer hold,” a form of involuntary detention, and transported to a hospital via ambulance. Wesley was not treated or stabilized during transport and his symptoms worsened. At the hospital, Wesley was still suicidal and he attempted to take an officer’s firearm to use on himself. During the incident, the officer stabbed Wesley several times, resulting in serious injuries to his chest, stomach, and head./p\npThe damage to Wesley’s body serves as a constant reminder of the incident. The scars left from the incident demonstrate that there could have been other ways to deal with the situation, Wesley told us./p\npWesley then spent two weeks in the hospital recovering. During this time, his repeated requests for mental health assistance and therapy were denied. He remained handcuffed to his bed and kept under near-constant police surveillance. Wesley felt that the doctors stopped looking at him as a patient who needed help and treatment to heal, but rather, as a criminal./p\npAfter being released from the hospital, Wesley faced criminal charges arising from the altercation with the officer. He spent six months in jail, missing the birth of his first and only son. He also missed the holidays and time with his family at a time of great strife./p\npUltimately, it took months for Wesley to receive the psychiatric help that he first sought in October./p\n\tdiv class=wp-heading mb-8\n\t\t\n\t\t\t\t\th2 id= class=wp-heading-h2 with-standardA More Humane Emergency Response/h2\n\t\t\n\t\t\t/div\n pWhen someone in Washington County experiences a physical health crisis, like a heart attack or a severe allergic reaction, they can call 911 and expect a response from a qualified medical professional, like an EMT or paramedic. The same cannot be said, however, for someone experiencing a mental health crisis./p\npThe lawsuit explains how this discrepancy violates the Americans with Disabilities Act and Rehabilitation Act. Mental health crises demand a mental health response — not a police response — because they are, at their core, health emergencies./p\npExperts agree that mental health emergencies should be addressed by mental health professionals, not the police. As part of theira href=https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care-02242020.pdf recommended best practices,/a the Substance Abuse and Mental Health Services Administration (SAMHSA) proposes a three-tiered system that includes a crisis call center, mobile crisis teams, and stabilization centers for walk-ins and drop-offs. SAMHSA also noted that responding with police is “unacceptable and unsafe,” a view that the a href=https://www.nami.org/Blogs/NAMI-Blog/July-2022/Mobile-Crisis-Teams-Providing-an-Alternative-to-Law-Enforcement-for-Mental-Health-CrisesNational Alliance on Mental Illness/a shares./p\npAs a result of Washington County’s inappropriate response to mental health crises, it discriminates against people with mental health disabilities on a daily basis. . This lawsuit seeks to improve its mental healthcare system. Possible solutions include fully funding mobile crisis response teams that can bring care and support to the people who need it, when they need it./p\npWashington County isn#8217;t the only jurisdiction with a system in need of reform. Justice Department investigations have found similar discrimination in Louisville and Minneapolis, stating that relying on police as mental health first responders causes “real harm in the form of trauma, injury, and death to people experiencing behavioral health issues.”/p\npWesley hopes that this case brings widespread attention to an issue that impacts many lives on a daily basis. People with mental health disabilities are harmed both because of a failed response to mental health crises , and because many people with mental health disabilities don’t want to call for help out of fear of an armed police response. Wesley sees a need nationwide for an important reckoning for how jurisdictions respond to mental health crises. Counties and other locales should be looking at their systems and asking, “Is our system for mental health crisis response fair? Is it safe? Is it right?”/p\npHow jurisdictions answer these questions could have a major impact on the care and support people with mental health disabilities receive while in crisis. We must not allow discriminatory practices that cause real harm and death to go unchecked./p\n\t\tdiv class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div
","short_content_html":"pOn October 24, 2022 at 2 a.m., 27-year-old Joshua Wesley called a crisis help line from his home in Washington County, Oregon, just west of Portland. He was having suicidal thoughts and knew that he needed professional help. But instead of receiving a mental health provider as s...
","date_published":"2024-02-05T21:46:35Z","date_modified":null,"date_collected":"2024-02-05T22:47:06.625230Z","images":[],"audio":null,"video":null,"suggested_type":"post","link":"https://www.aclu.org/news/criminal-law-reform/changing-mental-health-emergency-response-in-oregon","tags":["Criminal Law Reform"],"mentions_summary":null,"mentions":null,"in_reply_to":null,"in_reply_to_type":null}]}}