Posts filtered by tags: Aclu[x]


Maryland toughens “cyber-bullying” law yet further

“We’re not interested in charging children or putting them in jail or fining them,” says a campaigner for Maryland’s “cyber-bullying” law, “Grace’s Law 2.0,” which is drafted to do exactly those things. “What we want to do is change the behavior so the internet is more kind,” says the same campaigner regarding the new law, which would encourage online users to turn each other in for potential 10-year prison terms over single instances of certain kinds of malicious, abusive speech, and is being b...
Tags: Twitter, Maryland, Bullying, Law, Senate, Uncategorized, Social Media, Aclu, Ohio, First Amendment, Baltimore County, Court of Appeals, Raskin, Holness, Online Speech, Bobby Zirkin

Extended letter from criminal justice groups calling for robust implementation of the FIRST STEP Act's prison reforms

Via email today, I learned of this notable lengthy letter signed by an array of criminal justice groups addressing key issues related to the implementation of the prison reform components of the FIRST STEP Act.  Because the full letter runs seven pages, I will provide the summary that appeared in the email that I received: [T]his sign-on letter call[s] for the implementation of the First Step Act in a manner that is consistent with Congressional intent and the text of the statute.  The letter, ...
Tags: Law, White House, US, Aclu, Doj, Justice Department, IRC, Hudson Institute, Congressional, NIJ, Bureau of Prisons, Douglas A Berman, Bureau of Prisons BOP, Prez Trump, FAMM, Independent Review Committee

Notable letter from criminal justice groups calling for robust implementation of the FIRST STEP Act's prison reforms

Via email today, I learned of this notable lengthy letter signed by an array of criminal justice groups addressing key issues related to the implementation of the prison reform components of the FIRST STEP Act.  Because the full letter runs seven pages, I will provide the summary that appeared in the email that I received: [T]his sign-on letter call[s] for the implementation of the First Step Act in a manner that is consistent with Congressional intent and the text of the statute.  The letter, ...
Tags: Law, White House, US, Aclu, Doj, Justice Department, IRC, Hudson Institute, Congressional, NIJ, Bureau of Prisons, Douglas A Berman, Bureau of Prisons BOP, Prez Trump, FAMM, Independent Review Committee

Federal judge rules ADA requires Maine jail to provide woman with access to medication-assisted treatment during her 40-day term

As explained in this ACLU posting, a US District Court judge in Maine issued a notable ruling last week about prisoner rights and the ADA.  Here are the basics from the posting: In a landmark decision, a federal judge has ordered the Aroostook County Jail to provide a Madawaska woman with access to medication-assisted treatment (MAT) for her opioid use disorder during her 40-day jail sentence, which is scheduled to begin on Monday. The 28-page ruling comes in the case of Brenda Smith, who uses ...
Tags: Law, PL, Maine, Aclu, Smith, Ada, US District Court, Hayes, Aroostook County, Madawaska, Maine Department of Corrections, Douglas A Berman, U S District Court for the District of Maine, Shawn Gillen, Brenda Smith, Nancy Torresen

‘Worst Case Scenario’: Florida GOP Bill Threatens Ex-Felon Voting Rights

The next few weeks will determine the fate of a high-profile campaign to restore the voting rights of hundreds of thousands of formerly incarcerated Floridians. That effort took its most substantive blow to date on Tuesday, with the state House Criminal Justice Committee voting on party lines to approve a bill that would severely restrict who could apply to get their voting rights back. The 10 Republicans who form a majority on the committee say their intention is simply to clarify the intent...
Tags: Florida, News, Law, House, Aclu, Voting Rights, Thomas, Allegra Kirkland, Department of Corrections, Tampa Bay Times, TPM, Ron DeSantis, Phil Telfeyan, Telfeyan, Muckraker, House Criminal Justice Committee

H.R. 1, political omnibus bill, passes House

H.R. 1, the political regulation omnibus bill, contains “provisions that unconstitutionally infringe the freedoms of speech and association,” and which “will have the effect of harming our public discourse by silencing necessary voices that would otherwise speak out about the public issues of the day.” That’s not just my opinion; it’s the view of the American Civil Liberties Union, expressed in this March 1 letter (more). For example, the bill would apply speech-chilling new restrictions to issu...
Tags: Supreme Court, Law, Congress, Washington, Senate, Uncategorized, David, House, Aclu, House Of Representatives, First Amendment, American Civil Liberties Union, Federal Election Commission, John Sarbanes, Ilya Shapiro, Redistricting Reform

"Criminal-Justice Apps"

The title of this post is the title of this interesting essay authored by by Adam Gershowitz recently posted to SSRN.  Here is its abstract: In recent years, lawyers, activists, and policymakers have introduced cell phone applications -- “criminal justice apps” -- that are very slowly beginning to democratize the criminal justice system.  Some of these apps -- such as DWI apps -- teach citizens about the law, while also connecting them with lawyers and bail bondsman.  Policymakers have created ...
Tags: Law, Aclu, Douglas A Berman, Adam Gershowitz

Reflecting on gender justice

The Charter of the United Nations (signed in 1945), was the first international agreement to uphold the principle of equality between men and women. Since then there have been many significant achievements in the struggle for the international protection of women’s rights, most notably the United Nation’s landmark treaty the Convention on the Elimination of All Forms of Discrimination against Women, the second most widely ratified human rights treaty in existence.Despite this advancement in gend...
Tags: Books, Featured, Human Rights, Law, US, Domestic Violence, Aclu, United Nations, International court of justice, Un, European Court Of Human Rights, Gender Equality, International Law, International Women's Day, Women's Rights, Security Council

Higher education roundup

The less you know: new push to “de-bias” faculty recruiting by removing CVs and interviews from the process [John Morgan, Times Higher Ed/Inside Higher Ed on developments in Britain] “You Can’t Make This Up: A Speech Code that Investigates Students for Discussing the Freedom of Speech” [University of South Carolina: Ilya Shapiro and Patrick Moran on Cato certiorari brief in Abbott v. Pastides] “Sokal Squared” hoax runs into IRB (human subjects review) issues at Portland State, and it’s m...
Tags: New York, Workplace, Law, Obama, Israel, Uncategorized, Atlantic, Britain, Aclu, Title IX, Abbott, Bds, Portland State, Jesse Singal, IRB, DeVos

"Unlocking the Black Box: How the Prosecutorial Transparency Act Will Empower Communities and Help End Mass Incarceration"

The title of this post is the the title of this notable new ACLU report.  Here is how the ACLU website describes the report's interests and approach: Prosecutors’ offices are often black boxes.  There is little publicly available information about prosecutors’ policies and practices.  Trying to obtain private information from their offices is often difficult and time-consuming.  This lack of information makes it virtually impossible to hold prosecutors accountable for what they are doing — and ...
Tags: Law, Aclu, Douglas A Berman

Can’t Afford To Vote: Lack Of Funds Can Keep Felons From Getting Voting Rights Back

As states across the country move to restore voting rights to former felons, a spirited debate is underway over which, if any, of the various costs imposed during conviction should be factored into the restoration of basic civil rights. In Florida, lawmakers and county clerks are wrangling over whether a voter-approved constitutional amendment means that voting rights are contingent on meeting every last financial obligation, ranging from restitution to victims, fines and penalties, administr...
Tags: Florida, News, Law, Gop, Aclu, Iowa, Miami, Npr, District Of Columbia, Jim Crow, Ucla, Thomas, Allegra Kirkland, Porter, Des Moines, Wolfe

In praise of pretrial-detention algorithms, the 'failure to appear fallacy,' Louisiana ↓ technical revocations, and other stories

Several national items merit Grits readers' attention here during the calm before the 86th Texas Legislature storm. Debtors-prison reform: Economic populism and the justice system The New York Times this week published a lengthy, excellent feature on how criminal fines and fees oppress the poor. Good analysis and background. Best evidence supports use of risk assessments in pretrial release decisions Some prominent heavyweight corrections researchers responded to criticisms in the press, not to ...
Tags: Texas, Law, Philippines, Aclu, New York Times, Louisiana, Harris County, FTA, Texas Legislature, Gritsforbreakfast, 86th Texas Legislature, Jennifer Skeem, Skeem, Intermediate Sanctions Facilities, Louisiana The Bayou State

Book review: “Ruth Bader Ginsburg”: The evolution of a justice

One might think that the market for treatments of the life and legacy of Justice Ruth Bader Ginsburg would be saturated by now. The past three years alone have seen the release of a carefully curated collection of the justice’s writings, “My Own Words,” a surprise hit documentary about her life and career, “RBG,” and a recent feature film, “On the Basis of Sex,” which focuses on the first sex-discrimination case Ginsburg argued in federal court. Now comes “Ruth Bader Ginsburg: A Life,” by Jane...
Tags: Featured, Sweden, Supreme Court, Law, Virginia, Book Reviews, Brooklyn, United States, Aclu, Bill Clinton, Naacp, Ruth Bader Ginsburg, Columbia Law School, Harvard Law School, Senate Judiciary Committee, American Civil Liberties Union

NYT: credit card companies should cut off (or report) gun sales

In the New York Times, financial writer Andrew Ross Sorkin asks why credit card companies and banks should not be made to monitor customers’ accounts for unusual gun purchases and share the information with law enforcers. Excerpts from my response at Cato. …In an advocacy piece imperfectly dressed up as a news story, New York Times financial reporter Andrew Ross Sorkin observes that some perpetrators of mass public shootings have bought guns and ammo using credit cards, and asks why credit card ...
Tags: Guns, Law, Banks, Uncategorized, Aclu, New York Times, Sorkin, Andrew Ross Sorkin, WO writings

After rejection of contentious proposed amendments, FIRST STEP Act passed by Senate by vote of 87 to 12!!!!

In this post back in August I wondered "Could enhanced FIRST STEP Act get more than 90 votes in the Senate if even brought up for a vote?".  Well, it seems I was off by three votes, as tonight the the US Senate voted 87 to 12 to enact the FIRST STEP Act.  With a vote in the House scheduled for later this week, this bill should be on Prez Trump's  desk before the end of this week and law before Prez Trump heads down to Mar-a-Lago for the holidays.  This USA Today article, headlined "Senate passes...
Tags: Utah, New York, Law, Congress, Senate, America, Barack Obama, Arkansas, House, Ted Cruz, Aclu, Mitch McConnell, US Senate, Louisiana, Usa Today, Naacp

On coercion and plea bargaining

This fall the Cato Institute held a policy forum on plea bargaining featuring Clark Neily, vice president for criminal justice at Cato, Scott Hechinger of Brooklyn Defender Services, Bonnie Hoffman of the National Association of Criminal Defense Lawyers, and Somil Trivedi of the ACLU. Description: Supreme Court Justice Anthony Kennedy has observed that “criminal justice today is for the most part a system of pleas, not a system of trials.” Although nowhere mentioned in the text of the Consti...
Tags: Supreme Court, Law, Uncategorized, United States, Aclu, David Lat, Constitutional Law, Crime And Punishment, Cato Institute, Anthony Kennedy, Clark Neily, National Association of Criminal Defense Lawyers, Somil Trivedi, Bonnie Hoffman, Cato Scott Hechinger of Brooklyn Defender Services

Tax deadline for exonerees, Blakinger on 'Fresh Air,' judge rubber stamps flawed blood-spatter forensics, and other stories

Lots going on this week, even if your correspondent hasn't had much blogging time. Here's a quick roundup of items presently filling up Grits' browser tabs: Texas Exonerees: Tax deadline looming Any Texas exonerees receiving compensation from the state: You have until December 17 to file to have your state compensation declared tax exempt. Act now! This time next week it will be too late! Journalistic scoop scored inmates dentures, national press for reporter Congrats to Keri Blakinger! Terry Gr...
Tags: Texas, Law, Senate, Aclu, Npr, Alcala, Bryan, TX, Walker, Keri, Court of Criminal Appeals, Joe Bryan, Department of Criminal Justice, Shaver, Gritsforbreakfast, TDCJ

Symposium: The establishment clause strictly prohibits government preference for one faith — that could change with the Bladensburg Cross case

Heather L. Weaver is a senior staff attorney for the Program on Freedom of Religion and Belief at the American Civil Liberties Union. A 40-foot-tall Latin cross made of marble and cement stands on public property at one of the busiest intersections in Bladensburg, Maryland. The Bladensburg Cross is impossible to miss and overshadows everything nearby. Erected as a memorial to soldiers who died in World War I, it is now owned and maintained by a state entity, the Maryland-National Capital Parks a...
Tags: Featured, Supreme Court, Law, California, Court, David, United States, Aclu, Jesus, Kennedy, Trump, Antonin Scalia, Buddhist, American Civil Liberties Union, Scalia, 9th Circuit

Symposium: Supreme Court at the crossroads of the establishment clause as it considers a cross

Marci A. Hamilton is Robert A. Fox Professor of Practice and Senior Resident Fellow of the Program for Research on Religion at the University of Pennsylvania. The Supreme Court’s grant of certiorari in The American Legion v. American Humanist Association (along with a companion case brought by the state involving the same facts) is troubling. There was no split in the circuits that required the Supreme Court’s attention and the rulings in both cases were eminently reasonable. In the American Leg...
Tags: Texas, Featured, Supreme Court, Law, Kentucky, United States, Aclu, Circuit, Department Of Justice, Smith, Christ, Hobby Lobby, Lemon, Mitchell, American Legion, Trump

Why you should tolerate intolerable ideas

Former ACLU president Nadine Strossen argues that without freedom of expression we don't have freedom of speech. With some major college campuses disavowing "dangerous ideas" from certain speakers on campus, this can lead to a slippery slope wherein ideas—and even ways of life—can be marginalized entirely. The Charles Koch Foundation is committed to understanding what drives intolerance and the best ways to cure it. The foundation supports interdisciplinary research to overcome intolerance, new ...
Tags: Sponsored, Video, Politics, Society, Aclu, Language, Innovation, Mind, Debate, Speech, Nadine Strossen, Charles Koch Foundation,

Title IX campus regs: the new proposal

The Education Department has published for public comment proposed changes in regulations to Title IX on campus discipline and sexual misconduct; its Obama administration predecessors had decreed major changes in the same law through a “Dear Colleague” letter without public notice or comment. The new proposals differ on some points from draft versions circulated earlier. Cathy Young and Robby Soave provide overviews, and Soave writes on how response from the ACLU left much to be desired. FIRE (...
Tags: Law, Obama, Senate, Uncategorized, Aclu, Title IX, Education Department, Robby Soave, Soave, John McGinnis, Cathy Young, FIRE Foundation for Individual Rights in Education, Samantha Harris, Susan Kruth

EFF, ACLU Petition Court To Unseal Documents From DOJ’s Latest Anti-Encryption Efforts

The DOJ lost its attempt to break into Facebook but got the court to keep its failure under wraps.
Tags: Facebook, Technology, Privacy, Law, Cybersecurity, Aclu, Eff, Department Of Justice, Doj

Morning Docket: 11.20.18

* ACLU and Center for Constitutional Rights score win with court order proclaiming the obvious: No, you can't blanket deny asylum seekers. [Associated Press via Huffington Post] * Cyrus Vance accuses someone of seeking publicity over justice. [Variety] * Are you suggesting that law firms and clients don't listen to each other? [American Lawyer] * The Trump administration wanted to share census answers with the cops... which is why they were so hot to get those illegal citizenship questions on...
Tags: Justice, Law, Washington Post, Immigration, Aclu, New Jersey, Harvey Weinstein, SEC, Associated Press, Donald Trump, Huffington Post, Law Schools, Biglaw, Securities And Exchange Commission, Forbes, Trump

"Women’s Mass Incarceration: The Whole Pie 2018"

The Prison Policy Initiative has today posted an updated version of its remarkable incarceration "pie" graphic and associated report on the particulars of who and how women are incarcerated in the United States.  Here is part of the report's introductory text and subsequent discussion: With growing public attention to the problem of mass incarceration, people want to know about women’s experience with incarceration.  How many women are held in prisons, jails, and other correctional facilities i...
Tags: Law, United States, Aclu, Douglas A Berman, Campaign for Smart Justice

Federal judge: suit can go forward against Cuomo over regulatory squeeze

A federal judge has ruled the National Rifle Association can proceed with its First Amendment suit against New York Gov. Andrew Cuomo over his pressure on regulated banks, insurers to cut ties with gun rights advocacy groups like the NRA. “U.S. District Judge Thomas McAvoy questioned Cuomo’s claim that his messages about the wisdom and propriety of providing financial services to the NRA amount to nothing but legitimate regulatory oversight and protected government speech.” [Jacob Sullum and bac...
Tags: New York, Guns, Law, Uncategorized, Aclu, Andrew Cuomo, First Amendment, Cuomo, Nra, National Rifle Association, RATTNER, Jacob Sullum, Eugene Volokh, Hans Bader, Regulatory Retaliation, NRA U S District

"The Power and Prejudice of DAs on Drugs"

The title of this post is the title of this interesting investigation by Rory Fleming published at Filter, which is a relatively new resource seeking "to advocate through journalism for rational and compassionate approaches to drug use, drug policy and human rights." I recommend the piece in full, as well as these associated "Interactive Graphics," and here is how it gets started: Public opinion is souring on the criminalization of drug use. But what prevents this from translating into practice...
Tags: Law, Eric Holder, US, America, United States, Washington Dc, Aclu, Memphis, Commonwealth, Fairfax Virginia, Amy Weirich, Douglas A Berman, Wake County NC, Shelby COUNTY TENNESSEE, Lorrin Freeman, Raymond Morrogh

October 17 roundup

Antitrust legislation once targeted the unstoppable rise of chain stores A&P and Sears, both now bankrupt [my new Cato post, quoting Joe Nocera, Bloomberg (“The next time you hear somebody say that the dominance of Walmart or Amazon or Facebook can never end, think about Sears. It can — and it probably will.”)] When you wish upon a suit: visitor grabs Disney cast member and screams at her after she asks him to move out of parade route, later pleads no contest to disorderly conduct, now wants...
Tags: Amazon, Facebook, Florida, Minnesota, Small Business, Law, Senate, Uncategorized, Disney, Walmart, Aclu, Antitrust, Sears, ABA Journal, Crime And Punishment, NACDL

Argument analysis: Are there limits to the government’s power to detain immigrants without a hearing?

On Wednesday, the Supreme Court heard oral argument in the case of Nielsen v. Preap, which involves a challenge to the government’s interpretation of one of the Immigration and Nationality Act’s detention provisions: 8 U.S.C. § 1226(c). The relevant portion of 8 U.S.C. § 1226(c)(1) states that the secretary of the Department of Homeland Security “shall take into custody any alien who— [is inadmissible or deportable on certain specified statutory grounds], when the alien is released, without rega...
Tags: Featured, Supreme Court, Law, Congress, Aclu, Kim, Nielsen, Department Of Homeland Security, Thomas, Sonia Sotomayor, John Roberts, Pereira, Roberts, Ginsburg, Alito, Wang

"'You Miss So Much When You’re Gone': The Lasting Harm of Jailing Mothers Before Trial in Oklahoma"

The title of this post is the title of this big new report produced by Human Rights Watch and the ACLU. Here is part of the report's starting summary: Every day in Oklahoma, women are arrested and incarcerated in local jails waiting — sometimes for weeks, months, a year, or more — for the disposition of their cases.  Most of these women are mothers with minor children. Drawing from more than 160 interviews with jailed and formerly jailed mothers, substitute caregivers, children, attorneys, serv...
Tags: Law, US, Aclu, Oklahoma, Human Rights Watch, Douglas A Berman, US Bureau of Justice Statistics

Facebook named in suit alleging job ads on its platform unlawfully discriminated against women

Facebook’s ad platform is facing charges that it has enabled gender-based discrimination against millions of women in a class action suit filed on behalf of three female workers and backed by the American Civil Liberties Union (ACLU). The legal action also names ten employers who are alleged to have used the social media giant’s platform to exclusively and unlawfully target job adverts at male Facebook users, thereby excluding women and non-binary users from receiving the ads. The ACLU, law f...
Tags: Travel, Social, Facebook, Europe, Gender, Advertising Tech, Law, Social Media, Diversity, Eu, Aclu, Discrimination, Targeted Advertising, Data Mining, Online Advertising, American Civil Liberties Union

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