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Mar 8 17:08 UTC 2006 |
ACLU Online: March 3, 2006
The e-newsletter of the American Civil Liberties Union
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In this Issue:
-- As Patriot Act Fight Continues Americans Reject Expansive Presidential
Powers
-- Civil Liberties and Two Oscar Nominated Films
-- U.S. Supreme Court Agrees to Review Federal Abortion Ban Ruling
-- New Documents Provide Further Evidence That Senior Officials Approved
Abuse of Prisoners at Guantnamo
-- New Coalition Website Fights Government-Funded Religious Discrimination
-- In the States:
* Montana County Library Steps Up for ACLU Freedom Files After State
Library Folds Under Pressure
* The ACLU Freedom Files on "Voting Rights"
* Police Chief Who Blocked Life-Saving Measures for Gay Heart Attack
Victim Sued
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AS PATRIOT ACT FIGHT CONTINUES AMERICANS REJECT EXPANSIVE PRESIDENTIAL POWERS
The Senate voted to reauthorize the Patriot Act this week, failing to
include common sense reforms to bring that law in line with the
Constitution by restoring checks and balances and ensuring the protection
of the fundamental freedoms and privacy of all Americans. The House is
expected to adopt a bill next week to amend the Patriot Act
reauthorization bill conference report it passed last December.
The ACLU applauds the efforts of those Senators who sought to include
much-needed reforms in the Patriot Act reauthorization bill and stood firm
in their commitment to protect our freedoms.
All this takes places as Americans across the political spectrum express
increasing concern about the reckless policies of President Bush and his
Administration. A new poll of over 1000 Americans shows that a majority
reject the President's illegal program of warrantless domestic
surveillance, and doubt that he acted within the bounds of the law.
The American people reject the White House's assertion that the President
has the authority to act outside of the law whenever and however he deems
necessary. We've posted results and selected questions from the survey
online so you can give your own opinions and see how they compare to our
nationwide poll of voters across the political spectrum.
Thanks to your efforts, the Patriot Act reauthorization process has been a
debate over fundamental freedoms, not the quick rubber-stamp the White
House hoped for last spring, and real momentum for reform is still alive
in Congress.
The fight to reform the Patriot Act is far from over, as Congress is
planning hearings to investigate the massive increase in National Security
Letter (NSL) record requests, an issue the ACLU continues to fight, and
win on, in the federal courts. But the fact is, until the Bush
Administration chooses the rule of law over its pattern of abuses of
power, any new reforms may simply go ignored under this President's
extreme views of unlimited executive authority.
Your active involvement will help us continue to make a difference in the
fight.
See the faces of surveillance here:
http://action.aclu.org/site/R?i=sX7J3bCyzODdI0Mb3kTznw..
The ACLU has just announced the results of a new poll that reveals
American voters' attitudes on presidential powers and spying. See how your
answers compare to those in the national poll. Take our survey:
http://action.aclu.org/site/R?i=JkE8arOAl0MQrJKr64faPA..
Stop the abuse of power. Sign our Demand for the Truth petition here:
http://action.aclu.org/site/R?i=s4tiICTyzyIEysUU_y-tRA..
Get updates from Capitol Hill and links to related news on our Patriot Act
Blog: http://action.aclu.org/site/R?i=lUMiFxojMzzK1iQdK7d7Tw..
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CIVIL LIBERTIES AND TWO OSCAR NOMINATED FILMS
AN UNCANNY RESEMBLANCE TO BROKEBACK MOUNTAIN
Though they were in a committed and loving relationship, Sam Beaumont and
Earl Meadows were not the types to march in a gay pride rally. "We had a
real nice, quiet life together," Sam said of their life in Bristow,
Oklahoma.
That ended when Earl died two years ago. Now Sam is not only facing life
without his other half, but also the very real possibility of losing the
home they built and lived in together for 23 years. Unfortunately, the
notarized will Earl drafted to leave everything to Sam had only one
witness -- Oklahoma requires two. To make matters worse, almost all the
couple's assets were in Earl's name.
If Sam and Earl could have married, the property would have passed to Sam
automatically. But since Oklahoma law doesn't recognize same-sex
relationships, the home Sam and Earl shared went to Earl's disapproving
cousins who rarely spoke to Earl when he was alive and had never even set
foot on the property. Meanwhile, Sam is struggling to hold on to what
little he has left.
Brokeback Mountain is a powerful drama that tells the story of a romantic
relationship between two male ranchers. The film has been nominated for
eight Academy Awards and draws attention to the struggles of same-sex
relationships when there are little or no legal protections.
To read more about Sam and Earl, go here:
http://action.aclu.org/site/R?i=R_fGCFK-PQEaro3MTKSS8Q..
GOOD NIGHT AND GOOD LUCK TELLS STORY OF FREE PRESS
Good Night and Good Luck tells the story of five journalists who exercise
their basic freedoms to expose Sen. Joe McCarthy, who they felt would
destroy those freedoms in an effort to defend them. Sen. McCarthy was
famous for "naming" people as Communists and bullying. Edward R. Murrow
led the group of journalists that confronted McCarthy. Murrow and his team
eventually brought McCarthy down, but it was not without a fight.
Congressional hearings that were supposed to expose Communists ended up
exposing McCarthy and his effort to suppress free speech.
The film is a true representation of the complexities the journalists face
when trying to tell the truth.
To read more about McCarthyism and the ACLU, go here:
http://action.aclu.org/site/R?i=xOS7mKaqAFijByA867S57g..
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U.S. SUPREME COURT AGREES TO REVIEW FEDERAL ABORTION BAN RULING
Three decades of legal precedent to protect women's health should be the
guide as the U.S. Supreme Court hears the case of Carhart v. Gonzales.
Brought by the Center for Reproductive Rights, the case is one of three
challenges to the Federal Abortion Ban signed into law by President Bush
in 2003.
"The Supreme Court struck down a nearly identical state ban only six years
ago in part because it failed to include protections for women's health.
Congress deliberately defied that ruling when it passed the federal ban,"
said Talcott Camp, Deputy Director of the ACLU Reproductive Freedom
Project.
Late last month, two federal appeals courts also held the ban
unconstitutional. In a challenge brought by the National Abortion
Federation and seven individual physicians, the Second Circuit affirmed
that the ban requires a health exception and asked for further legal
briefings to determine how to remedy the violation. On the same day, the
Ninth Circuit affirmed a lower court decision striking down the ban in a
challenge brought by the Planned Parenthood Federation of America (Planned
Parenthood v. Gonzales).
Congress passed the federal ban despite the numerous court decisions,
including a decision in 2000 by the Supreme Court in Stenberg v. Carhart,
striking down similar state bans. Courts have consistently struck down the
bans for two reasons: their broad language prohibits abortions as early as
13 weeks in pregnancy, and they lack exceptions to protect women's health.
For more information, go here:
http://action.aclu.org/site/R?i=QKGBgefuejDHp65PXxmQlQ..
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NEW DOCUMENTS PROVIDE FURTHER EVIDENCE THAT SENIOR OFFICIALS APPROVED
ABUSE OF PRISONERS AT GUANTNAMO
Newly acquired documents obtained by the ACLU show that senior Defense
Department officials approved aggressive interrogation techniques that FBI
agents deemed abusive, ineffective and unlawful.
"We now possess overwhelming evidence that political and military leaders
endorsed interrogation methods that violate both domestic and
international law," said Jameel Jaffer, an ACLU attorney. "It is entirely
unacceptable that no senior official has been held accountable."
Included in the release is a memorandum prepared by FBI personnel on May
30, 2003, which supplies a detailed discussion of tensions between FBI and
Defense Department personnel stationed at Guantnamo in late 2002.
According to the memo, Defense Department interrogators were encouraged by
their superiors to "use aggressive interrogation tactics" that FBI agents
believed were "of questionable effectiveness and subject to uncertain
interpretation based on law and regulation."
While some of the documents indicate that FBI personnel objected to
Defense Department interrogation policies at Guantnamo, others raise
serious questions about the FBI's own policies -- and particularly about
the agency's response to the torture of prisoners at Abu Ghraib. In one
e-mail, dated January 24, 2004, the FBI's on-scene commander in Baghdad
discusses whether the FBI should investigate the abuse or whether it
should leave the task to military investigators. The e-mail, which was
sent to senior FBI officials at FBI headquarters, advises that the FBI
should decline to investigate. "We need to maintain good will and
relations with those operating the prison," the e-mail states. "Our
involvement in the investigation of the alleged abuse might harm our
liaison."
To date, more than 90,000 pages of government documents have been released
in response to the ACLU's Freedom of Information Act lawsuit. The ACLU has
been posting these documents online at:
http://action.aclu.org/site/R?i=uP1zR0r9MPR7ea4RH5cUaQ..
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NEW COALITION WEBSITE FIGHTS GOVERNMENT-FUNDED RELIGIOUS DISCRIMINATION
The religious liberty of Americans is under attack.
Under the guise of the so-called "faith-based initiative," some members of
Congress and the Bush Administration are campaigning to allow taxpayer
funds to be used for religious discrimination.
Their proposals seek to grant religious social service providers -- who
have long provided admirable and essential services to America's
communities -- the right to discriminate, proselytize and play by
different rules than other charities while spending tax dollars. If these
efforts are successful, social workers, psychologists, counselors,
teachers and others seeking to work in tax-funded social service programs
could be denied jobs solely because of their faith.
This would be a radical shift away from the American tradition of
religious freedom.
The ACLU is a member of the Coalition Against Religious Discrimination, a
group of religious, civil rights, labor, education, health and advocacy
organizations who believe in defending the First Amendment and the
religious liberty of all Americans. With these groups, we are fighting to
protect the Constitution.
Lawmakers need to hear from members of the clergy and religious leaders,
and from social service providers or professionals who believe that
government funding of religion and religious discrimination is wrong. If
you are a religious leader or service provider, now is the time to make
your voice heard.
Visit the new coalition website at www.StopReligiousDiscrimination.org to
sign an open letter to the president and Congress.
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IN THE STATES
Montana County Library Steps Up for ACLU Freedom Files After State Library
Folds Under Pressure
The Lewis and Clark Library in Helena, Montana was the site for the
screening and discussion of "Beyond the Patriot Act," a documentary series
airing nationwide on Court TV and part of The ACLU Freedom Files. The
showing took place after a decision by the Montana State Library to cancel
the program.
"Libraries have been at the center of the Patriot Act debate over
unwarranted searches of their records and computers by the federal
government," said Scott Crichton, ACLU of Montana Executive Director. "We
applaud the Lewis and Clark Library for recognizing the need for an open
dialogue on the most critical civil liberties issues of the day. The
Patriot Act has fueled a climate of fear that unfortunately appears to
have clouded the vision of those at the state library who originally
organized the screening."
Crichton added that the state library's decision to cancel the screening
is yet another example of the government's attempts to silence dissent.
For more information go to:
http://action.aclu.org/site/R?i=fN41M_5N44F71jijnrZ8wg..
The ACLU Freedom Files on "Voting Rights"
Watch this month's installment of The ACLU Freedom Files on "Voting
Rights" to find out how communities around the country are fighting
manipulation of political districts, intimidation at polls and
undemocratic laws. With vital parts of the Voting Rights Act up for
renewal, even more citizens could find themselves deprived of equal access
to the ballot box. "Voting Rights" airs on Link TV on March 9 at 8 PM
ET/PT and on Court TV on March 11 at Noon ET/PT. For more details, go to:
http://action.aclu.org/site/R?i=ii1-GRh8bpjSm7o83Xrt9Q..
Police Chief Who Blocked Life-Saving Measures for Gay Heart Attack Victim
Sued
Surviving family members of Claude Welch who died of a heart attack are
suing a West Virginia police chief after the police chief physically
prevented his friend from performing CPR. The police chief blocked the CPR
because he falsely assumed that the man, who was gay, was HIV positive and
therefore a health risk.
"I'm heartbroken that I have lost my son over such ignorance and bigotry,"
said Helen Green, mother of Claude Green, Jr., who died at the age of 43.
"I can't understand how someone who is supposed to protect the people of
Welch could physically block another human from saving my son's life."
The ACLU filed a lawsuit on behalf of the surviving family members of
Claude Green, Jr. against the City of Welch and Robert K. Bowman, Welch's
Chief of Police. The lawsuit charges that Bowman discriminated against
Green by preventing others from providing life-saving medical care to
Green because of his sexual orientation and/or perceived HIV status.
Green suffered a heart attack while driving with Billy Snead, a friend,
last summer. Snead was performing CPR by the side of the road when Bowman
arrived and told him to stop because Green was HIV positive. Although
Snead didn't stop, Bowman physically barred him from continuing CPR at a
critical point in Green's resuscitation. Snead, who had not realized at
first that Bowman was a police officer, obeyed his commands.
While Green fought to stay alive, Bowman prevented anyone else from aiding
Green until EMS workers arrived. As they were putting Green in the
ambulance, Bowman informed EMS workers that Green was HIV positive. EMS
workers ignored Bowman's warnings and performed CPR, but he passed away
shortly after arriving at the hospital. He did not have HIV.
A copy of the complaint are available at:
http://action.aclu.org/site/R?i=ffmS3v6gqVV1xNfQeuyhsA..
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YOU CAN HELP PROTECT OUR BASIC FREEDOMS...
by joining with over 500,000 card-carrying members of the ACLU. Our rights
as individuals -- the very foundation of our great democracy -- depend on
our willingness to defend them, and as an ACLU member, you'll be doing
your part.
Click here to safeguard our Bill of Rights by becoming an ACLU member:
http://action.aclu.org/site/R?i=K1tY-mHbft-AUBDzLpUwfQ..
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American Civil Liberties Union
125 Broad Street, 18th Floor
New York, New York 10004-2400
http://action.aclu.org/site/R?i=pCYA8Dfxqwp0eeAfzxx2rw..
Gerri Engel and Jed Miller, Editors
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