True or false: private probation companies are engaged in a court-sanctioned extortion racket.
In which state did the ACLU file a lawsuit this week challenging the ban on marriage for same-sex couples?
Which legislative body is considering the Smarter Sentencing Act, a big step toward a fairer, more human criminal justice system?
Who did the NSA's illegal spying put in jail?
True or false: 70% of the public opposes private school vouchers.
Court-Sanctioned Extortion by Private Probation Companies: Modern Debtors' Prisons
This week, Human Rights Watch released Profiting from Probation, a report that confirms the ACLU's worst fears about the privatization of probation services: for-profit companies are increasingly working with county and city courts around the country to extort poor people for money, including by illegally jailing them simply because they are too poor to pay court-imposed fines and fees. While poor people suffer and taxpayers foot the bill for hidden costs, private companies make big money—to the tune of an estimated $40 million in revenue in Georgia alone, according to the report.
If You Think Marriage Doesn't Matter - Think Again
Roy Badger met his partner Garth through mutual friends when they were both students at the University of Wisconsin-Milwaukee. Roy and Garth have been partners for the last 37 years, but when Garth almost lost his life because of the rash decisions of a less than supportive family member, Roy was reminded how important it is to be Garth's husband.
Two Steps Forward, One Step Back
The Senate Judiciary Committee took one big step forward toward a fairer and more humane criminal justice system last week by passing the Smarter Sentencing Act, introduced earlier this year by Sen. Dick Durbin (D-Ill.), Sen. Mike Lee (R-Utah) and Sen. Patrick Leahy (D-Vt.).
Unfortunately, the Committee also voted to add three new mandatory minimum sentences for domestic violence, sexual assault and terrorism crimes. The American Civil Liberties Union supports the Smarter Sentencing Act, but we don't support the new mandatory minimums. The bill now moves to the Senate floor for consideration.
Who Did the NSA's Illegal Spying Put in Jail?
Last week, the ACLU joined a constitutional challenge to the FISA Amendments Act of 2008 (FAA), the statute that allows the NSA to engage in dragnet surveillance of Americans' international phone calls and emails. With the Federal Defenders Office, we filed a motion on behalf of Jamshid Muhtorov, the first criminal defendant to receive notice that he had been monitored under this controversial spying law. But Mr. Muhtorov received this notice only after the Department of Justice (DOJ) abandoned its previous policy of concealing FAA surveillance in criminal cases — a policy that violated both the statute itself and defendants' due process rights.
Bad Ideas and Principles During "School Choice Week"
Last week, there was a lot of emphasis on income inequality, social mobility, and class concerns, but not all of the attention came from President Obama and his State of the Union message. It was also "School Choice Week," and proponents of taxpayer-funded vouchers for students to pay for private and religious schools seized the opportunity to claim that vouchers will solve these challenging societal issues. However, when "school choice" means vouchers, what it really offers is discrimination and lack of accountability.
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News & CommentaryDec 2024
Civil Liberties
National Security
Where Defense Secretary Nominee Pete Hegseth Stands on Civil LibertiesWhere Defense Secretary Nominee Pete Hegseth Stands on Civil Liberties
The ACLU has more than 100 years’ experience holding power accountable. As President-elect Donald Trump rolls out his cabinet picks, we analyze how his nominee for secretary of defense will impact civil liberties. -
News & CommentaryDec 2024
Civil Liberties
We Need to Know More About State Supreme Court CasesWe Need to Know More About State Supreme Court Cases
State Supreme Courts interpret laws that impact some of the most intimate parts of our lives. Communities have a right to know what’s on the docket. -
Press ReleaseDec 2024
Civil Liberties
New ACLU Report Reveals Most State Supreme Courts Fail to Meet Key Transparency MeasuresNew ACLU Report Reveals Most State Supreme Courts Fail to Meet Key Transparency Measures
NEW YORK — Nearly half of all state supreme courts across the country fail to regularly post new cases they are considering, with only six meeting four key transparency measures already implemented by the U.S. Supreme Court, according to a new report published today by the American Civil Liberties Union. The report identifies significant steps that state supreme courts should take to inform the public about their cases, which have only grown in importance as the federal judiciary has become more hostile to protecting core rights and advocates have turned to state protections and state court litigation in response. Based on an analysis of the practices and policies of the highest courts in each state, including D.C., the report “Scorecard for State Supreme Court Transparency: How Does Your State Stack Up?” ranks each state supreme court in five tiers based on compliance with four key transparency measures. These measures include posting new cases online in a timely manner, providing timely information about legal issues presented by cases, making dockets accessible and free for the public, and making merits briefing accessible and free for the public. “State courts regularly hear — and are the final word on — cases affecting abortion rights, voting rights, criminal justice reform, and more. Yet, in many instances, the highest state courts do not provide meaningful public access to information about cases affecting the rights and liberties of millions of people. We urge state supreme courts to bring more transparency to the critical work they do,” said Julie Murray, co-director of the ACLU’s State Supreme Court Initiative. “In the face of a federal judiciary increasingly unwilling to protect core rights and an incoming administration that threatens to exacerbate that problem, state courts are an important defense for our liberty. They should be leaders in transparency, too,” said Bridget Lavender, Skadden Fellow with the Initiative. The report emphasizes that state courts “play an outsized role” in many parts of the law, but their ability to “guard our liberties depends in significant part on whether those courts adopt transparent processes.” It further highlights that state supreme courts have led the way on enormously consequential decisions in recent years. In particular, some state supreme courts have recognized the right of same sex couples to marry, and did so long before federal courts. They have also declared the death penalty unconstitutional under state law despite contrary federal law, protected access to reproductive health care as a right even as that right was being stripped away at the federal level, and provided more robust protection to people subject to unreasonable searches and seizures. The report urges state supreme courts to take action to improve their transparency practices, taking notes from the courts that have already implemented these measures. It notes that regularly posting new cases and the issues they represent, and providing timely access to dockets and merits briefing allows the public, the press, and the legal community to track cases as they unfold, identify cases with statewide consequences, and understand what’s at stake. -
Press ReleaseNov 2024
National Security
+2 Issues
ACLU Urges House to Kill Bill that Could Give Trump Admin Power to Crush Dissent and Go After Political EnemiesACLU Urges House to Kill Bill that Could Give Trump Admin Power to Crush Dissent and Go After Political Enemies
WASHINGTON — The American Civil Liberties Union strongly urges the House of Representatives to vote NO on H.R. 9495, the Stop Terror-Financing and Tax Penalties on American Hostages Act, which would grant Donald Trump and his handpicked secretary of the Treasury power to investigate and effectively shut down any tax-exempt organization — including news outlets, universities, and civil society groups — by stripping them of tax-exempt status based on an unilateral accusation of wrongdoing. “Passing this bill would hand the incoming Trump administration a dangerous new tool it could use to stifle free speech, target political opponents, and punish disfavored groups,” said Kia Hamadanchy, senior policy counsel at ACLU. “The freedom to dissent without fear of government retribution is a vital part of any well-functioning democracy, which is why Congress must block H.R. 9495 before it’s too late.” While there is a 90-day “cure” period in which a designated nonprofit can mount a defense, it is a mere illusion of due process. The government may deny organizations its reasons and evidence against them, leaving the nonprofit unable to rebut allegations. This means that a nonprofit could be left entirely in the dark about what conduct the government believes qualifies as "support," making it virtually impossible to clear its name. Last month, the ACLU and a diverse array of over 130 other tax-exempt organizations — including human rights, reproductive health, and immigrants’ rights groups — wrote to Congress urging them to vote no. The letter also explains that the groups do not oppose the provisions in H.R. 9495 that relate to preventing the IRS from imposing fines and penalties on hostages while they are held abroad. Indeed, these provisions have already passed the Senate on their own, and if the House of Representatives were to pass a version of this bill that did not include the text of H.R. 6408, it could be sent immediately to President Biden for his signature.