2004 MICHIGAN VOTER GUIDE ENCLOSED CENTER SECTION

The American Civil Liberties Union of Michigan 60 W. Hancock Detroit, MI 48201-1343 (313) 578-6800 www.aclumich.org

NUMBER 8 • VOLUME 3 • FALL 2004 LOCAL SIGN ORDINANCES VIOLATE RESIDENTS’ FREE SPEECH THE ACLU OF MICHIGAN has put cities all ous signs on their lawns at any one time Mr. Fehribach and Ms. Adzigian are To read the complaints and the court over the state on notice–get rid of your including signs such as “for sale,” “for represented by ACLU cooperating attor- decisions, go to: unconstitutional sign ordinance provi- lease,” “open house,” “garage sale,” an ney David Radtke and Michigan ACLU http://www.aclumich.org. sions or meet us in court. So far, we know information or direction message, an Legal Director Michael J. Steinberg. that five municipalities have heeded the American Flag, a state flag, a corporate warning and agreed either to review flag and a construction sign. The only them, change them or, at the very least, restriction is on political signs of which 1 not enforce them. Unfortunately, that’s no more than two are allowed. not true everywhere. “It makes no sense to allow only one On September 17, the ACLU filed a “political” sign, but unlimited commer- lawsuit in federal court on behalf of Mary cial signs. Our lawsuits show that the 2003

Adzigian, a Grosse Pointe Woods woman ACLU is always vigilant in protecting all 2004 who supports the Kerry-Edwards ticket. our rights – Democrats and Republicans

On September 27, we filed a second case alike – regardless of one’s viewpoint. ALL on behalf of a Troy man, Kent Fehribach, Local government officials do not get to F who supports the Bush-Cheney ticket. decide what political views are allowed in In June in became apparent that many their community,” Moss added. DECEMBER cities in the state have unconstitutional This is not a new issue to reach the sign ordinances. The Oakland County courts. In 1994 the Supreme Court struck Branch of the ACLU sent a letter to Troy down a sign ordinance noting, “It bears and ten other municipalities in the area mentioning that individual residents them- urging them to amend their sign ordi- selves have strong incentives to keep their nances to protect the free speech rights of own property values up and prevent their residents. Troy opted not to amend ‘visual clutter’ in their own yards and its ordinance or respond to the letter. neighborhoods – incentives markedly dif- Each of the plaintiffs in our two cases ferent from those of persons who erect received a written notice from their signs on others’ land, in others’ neighbor- respective cities letting them know they hoods, or on public property. Residents’ had violated the ordinances which pro- self-interest diminishes the danger of the hibit the display of a sign more than 30 ‘unlimited’ proliferation of residential days prior to the election. signs that concerns the City of Ladue.” “It is ludicrous, during any election A federal court judge agreed. On the but especially during a presidential elec- same day the Adzigian case was filed, tion year, for cities to be trying to prevent Judge John Corbett O’Meara issued a citizens from expressing their opinions on temporary restraining order for the their private property,” said Kary Moss, Grosse Pointe Woods ordinance and said ACLU of Michigan Executive Director. that residents should feel free to put polit- “It makes no sense to allow speech 30 ical signs in their yards. days before an election but not 31 days. Eleven days later, another federal judge The Bill of Rights guarantees our right to said much the same thing in the case speech 365 days a year, not 30.” against the City of Troy. Kent Fehribach Although Ms. Adzigian was threat- was extremely pleased with the ruling and ened with criminal prosecution for her put his “W” sign up the same day. Kerry-Edwards sign, her neighbor was “I decided to pursue this action against not required to take down his “Support Troy because I believe that they violated President Bush, Support our Troops” my constitutional rights. Now I hope the sign. The code enforcement officer told city will repeal the unconstitutional her that the 30-day rule only applies to aspects of their city code/ordinance so election signs and that her neighbor’s sign that, in the future, all Troy residents can Kent Fehribach and Mary Adzigian. was not an election sign. express their political opinions,” said Mr. “This isn’t a partisan issue, this is an Fehribach. American issue. What could be more After being contacted by the South- important to America than this presiden- western ACLU Branch, communities on IN THIS ISSUE: tial election. Shouldn’t we be talking the west side of the state – Allegan, St. Faith Based Sentencing (Page 2) 2004 Michigan Voter Guide (Page 5-8) about it for more than 30 days?” said Ms. Joseph and Lincoln Townships and the National ACLU Undergoing Major Change From The Field Organizer (Page 7) Adzigian. City of St. Joseph – all agreed to suspend (Page 2) She added, “Not only is this political- their 30-day rules. In 1996, the ACLU suc- LGBT Project Update (Page 7) In Memoriam/F. Philip Colista (Page 2) sign ordinance unconstitutional, it’s being cessfully challenged a similar ordinance Two New Publications Available (Page 7) From The Executive Director: inequitably enforced. I have a wonderful that prohibited both the posting of election From the President (Page 9) The Right to Vote (page 3) neighborhood and we’ve all agreed to dis- signs more than 45 days before an election Supreme Court to Hear Michigan Case Lawsuit Filed Against Michigan State agree. Both opinions need to be expressed and the posting of more than one sign per (Page 9) Police (Page 3) without the city censoring our dialogue.” candidate. (Dimas v. City of Warren, 939 Legislative Director Report (Page 10) In Mr. Fehribach’s case, Troy’s ordi- F. Supp. 554 (E.D. Mich. 1996). Supreme Court to Hear Michigan Case (Page 3) ACLU and Detroit Public Library nance also includes a provision regarding Celebrate the Freedom to Read From The Legal Director (Page 4) the number of signs that a resident can (Page 11) display. Residents are free to put numer-

THE NATIONAL ACLU FAITH BASED SENTENCING IS UNDERGOING THE AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN has of program that President Bush wants to fund under his “faith A MAJOR CHANGE asked the Michigan Supreme Court to hear the case of a Catholic based” initiatives where religious indoctrination is dressed up to man who was criminally punished for not completing a look like social welfare. Pentecostal drug rehabilitation program. His request to be trans- Advocates of government-sponsored and government-funded After 40 years of ferred to another program was denied and he was sentenced to religion say that faith-based programs are constitutionally per- extraordinary service as six months in jail and boot camp. missible as long as participation in the program is voluntary and there is a secular alternative. ACLU of Michigan's liaison to “I needed help,” said Joe Hanas. “Instead I was forced to prac- tice someone else’s religion.” But, Joe Hanas was never given a secular alternative. His the ACLU National Board of Along with Kary Moss and Michael J. Steinberg, Cooperating choice was to either enroll in the Pentecostal program or go to Directors, Rolland O'Hare Attorneys Gregory T. Gibbs and Frank S. Ravitch are represent- jail. He wanted help and he needed rehabilitation services, but ing Mr. Hanas. his constitutional right not to surrender his Catholic beliefs will no longer serve on that The following op-ed by Wendy Wagenheim appeared in The resulted in his being sentenced to boot camp and jail. What’s dis- board. Rollo first served as Detroit News on August 27, 2004: turbing about Joe Hanas’ case is that he was placed in such a pro- gram by a court order and that ultimately it was his commitment national board Religious coercion in Michigan case shows government to his religious beliefs that led to the jail sentence. should be wary of faith-based programs representative, and later as While faith-based programs may be well-motivated and help- In a nation that cherishes religious freedom, how is it that a ful for some, it is not appropriate for the government to fund them an at-large member, but lost judge permitted blatant religious coercion, endorsing one religion or coerce people to participate in them. There is no doubt that over another and discouraging one religion altogether? That’s his latest bid for re-election. religiously affiliated programs can do a world of good. The work what happened when Joe Hanas, a young man from Genesee of such agencies as Catholic Family Services, Lutheran Refugee County, was arrested for a non-violent drug offense. Resettlement, Jewish Vocational Services, which are performed Rollo's service on the Board As part of a progressive court program, Joe had a chance to under government contracts, have provided much needed serv- receive drug rehabilitation rather than going to jail. There was, is the longest in ACLU ices to thousands of people over the years. unfortunately, one major problem – Joe Hanas is a practicing When these groups accept a government contract to deliver history. Last year National Catholic and the program was operated by Pentecostals. Though services to the community, they agree to serve the entire com- ACLU President Nadine the judge’s intent may not have been for Joe to convert to the munity and its needs, not only members of their denomination. Pentecostal faith, his test for Joe’s successful completion of the They agree to provide services without discriminating in who Strossen presented him with “Drug Court” program hinged on just that. they hire and serve. And they don’t require participation in reli- a special recognition award In this program, the coercion was extreme and it was an gious devotional exercises as a condition of the services they are elected judge who allowed it. Joe’s rosary, his Holy Communion for his many years of service. supposed to give. bible, and his priest were all kept from him. Staff members, none Drug Courts are a relatively new phenomena in this state and In addition to his presence in of them certified or trained drug counselors or therapists, told are widely viewed as creative programs that are viable, cost-effec- him that Catholicism is a form of “witchcraft.” He was not only ACLU's national arena, Rollo tive and positive alternatives to incarceration. Because of the lim- forbidden to follow his Catholic faith, he was tested on his learn- ited state funds available for drug rehabilitation, programs are was the first president of the ing of the Pentecostal principles. And, he was told, his rehabili- often operated by faith-based organizations. And as more and tation would not be complete until he knelt at the altar and 2 ACLU of Michigan and has more Drug Courts are established in Michigan’s judicial system, proclaimed himself “saved.” rehabilitation programs will be utilized more frequently. been an active board Joe’s only alternative was to request a transfer to another pro- The likelihood that there may be other cases like Joe’s is one gram where he would not be coerced into practicing a religious member in one capacity or reason why the ACLU has appealed this case to the Michigan faith alien to his own. However, the judge viewed his early with- Supreme Court.

2004 another. Fortunately, he drawal from the program as an indication that Joe was not com- It is crucial that the constitutional boundaries be clearly has decided to remain mitted to overcoming his substance abuse. He then took away the defined. Any entanglement between government and religion is

ALL only opportunity Joe had to receive affordable residential drug harmful to both government and religion, not to mention Joe F active in the ACLU. rehabilitation and a possible dismissal of the charges. Hanas. Programs like the one Joe found himself in are not uncom- To read the Application for Leave to Appeal to the Michigan mon. In fact, these are the kind of programs that President Bush Supreme Court online, go to:http://www.aclumich.org/pdf/briefs/ funded when he was governor of Texas; drug addiction is treated hanasapplicationtosupremecourt.pdf as a sin and Bible study is provided as treatment. It is the kind

CREATE A LEGACY OF LIBERTY: SUPPORT THE AMERICAN CIVIL LIBERTIES IN MEMORIAM UNION FOUNDATION F. Philip Colista, 70, a long-time, highly respected and much loved Staff Nearly four generations ago, a handful of ACLU board member, cooperating Kary L. Moss...... Executive Director Americans established the American Civil Liberties attorney and member of the lawyers’ Leslie White-Jones ...... Development Director Union, in the conviction that patriotism requires a committee, died July 8 of complica- vigilant defense of the Bill of Rights. Michael J. Steinberg ...... Legal Director tions from heart surgery. Phil’s pro- Today, more that 330,000 individuals support that gressive and compassionate views on Wendy Wagenheim...... Communications Director purpose through their membership in the ACLU. But as Albert DeSilver, one of the founders, people, the law and issues of justice Noel Saleh ...... Staff Attorney were shaped by the working class Safe and Free Project realized long ago, it takes more than inspired leaders and mailing lists to sustain a vision roots of his parents, Italian immi- Jay Kaplan...... Staff Attorney through decades of war, crises and grants who came to Detroit to work in LGBT Project inconceivable change. the auto industry. Phil was the first in Kara Jennings...... LGBT Fellow It takes a commitment to the future defense of his family to graduate from college, Shelli Weisberg ...... Legislative Director civil liberties far beyond your own lifetime. DeSilver (1988-1924) was the first person to leave earning both his undergraduate and Mary Bejian ...... Field Organizer the ACLU a financial legacy upon his death. law degrees from Wayne State Brenda Bove ...... Paralegal Today, more than 1,700 have joined him University, where he later taught as by including the ACLU Foundation in a an adjunct professor in the law school. Cynthia Nicely...... Bookkeeper bequest, retirement plan, beneficiary Throughout his career, Phil was in the forefront of the crucial strug- Carmetta Jones ...... Administrative Assistant designation or other legacy gift. gles of the day, from the civil rights movement forward. He founded the Members of the DeSilver Society, as this special Urban Law Program at the University of Detroit Law School, was instru- Officers group of supporters is known, discover that they mental in founding the Free Legal Aid Clinic at Wayne State University Jim Rodbard ...... President can make substantially larger gifts than they ever thought possible, while taking steps to secure the and worked around the clock to provide legal representation to those Joseph S. Tuchinsky...... Treasurer Bill of Rights for future generations. arrested during the 1967 Detroit urban uprising. After initially focusing There are tax and financial benefits to legacy gifts. Heather Bendure...... Secretary on the defense of people charged in criminal cases, Phil began spe- Mark Granzotto ...... General Counsel You may choose from a number of options to find a cializing in professional ethics. From the late 1980s until his death, he planned giving arrangement best suited to your Jacquelin Washington...... Executive VP ACLU Fund wishes and individual financial situation. was involved in virtually every major attorney discipline case in You may even establish a gift that provides Michigan; through his advocacy, he played a central role in the devel- Civil Liberties you or your loved ones with income for life, opment of Michigan’s professional responsibility jurisprudence. He also or for a term of years. served three terms as a member of the Judicial Tenure Commission. Newsletter To learn more about becoming a member of the Phil was passionate about life, the law, the struggle for social jus- Wendy Wagenheim, Editor DeSilver Society and the many tax and financial tice, his family and his many friends. He is survived by his wife, Katherine benefits of making a legacy gift to the ACLU Published by the Foundation, please contact: Barnhart, three children, Gian, Celia and Joseph Colista, two grand-chil- American Civil Liberties Union / dren, Anthony and Alex Colista, and two sisters, Anna Girolamo and ACLU Fund of Michigan ACLU of Michigan Nicolina Santagrossi. The family has asked that contributions in his 60 W. Hancock memory be made to support the litigation efforts of the ACLU of Detroit, Michigan 48201-1343 60 W. Hancock Michigan. (313) 578-6800 Detroit, MI 48201 He will be sorely missed. www.aclumich.org (313) 578-6815

THE RIGHT TO VOTE

FROM THE EXECUTIVE DIRECTOR KARY L. MOSS, ESQ.

here’s no debate about what issue is uppermost in Tthe mind of every citizen. The right to vote, and to have one’s said ACLU of Florida Voting Rights cover story, we have devoted significant vote accurately and fairly counted is as Project Director Courtenay Strickland. energy to ensuring that every citizen is fundamental a right as we have in this “Florida elections officials must devote allowed to express her or his political country. In 1965, Congress passed the time and energy to changing these poli- views by putting up yard signs. It makes Voting Rights Act, one of the most effec- cies and practices that together threaten to absolutely no sense for a city to decide a tive civil rights laws ever enacted. The Act suppress the vote of large segments of the citizen may speak about a political issue immediately outlawed the worst Jim Crow population, and particularly those within 30 days before an election but not 31 laws in the South, such as literacy tests minority communities. Our democracy days. Our most fundamental right is the and other devices that kept black citizens depends upon it.” right to speak out on issues of public out of the voting booth. Some of the state’s most pressing elec- importance. This is a right that local gov- Now, the right to vote depends on the tion irregularities, Strickland said, include ernments must protect, not offend. ability to vote – the ability to register, go the state’s provisional balloting scheme We have also expressed concern over to one’s polling place without fear of that discards ballots cast by eligible vot- a state statute that requires election offi- intimidation, and have machines accu- ers in certain instances as “illegal,” the cials to discard as “illegal” the provisional rately count votes. For example, in testi- state’s confusing voter identification ballots of eligible voters who vote in a mony last week before the U.S. requirements, and its inadequate poll precinct other than the one assigned by problems in Michigan – felony disen- Commission on Civil Rights, a voting worker training. In addition, Strickland elections officials. franchisement and the new electronic vot- rights expert with the ACLU of Florida cited four examples of state policies and And, we have been working to ensure ing machines. We still must be concerned warned of serious voting problems that procedures that suppress votes and that students are able to register easily by though that people understand their rights still plague the state. wrongly strip eligible voters of their abil- creating a pamphlet for them and posting at the voting booth and that no intimida- “The November 2000 election taught ity to cast ballots. it on our website. Read more about this in tion occurs. The list of cases that the us that even the seemingly smallest vot- There can be no question that the hard the article by Mary Bejian, our Field national ACLU or state affiliates have ing policy, practice, procedure, or prob- won gains of the civil rights movement, Organizer. filed around the country is impressive. lem must be scrutinized in order to and the Voting Rights Act, are in danger. Fortunately, two of the biggest civil Visit our national site – www.aclu.org – prevent widespread disfranchisement,” Here in Michigan, as we discuss in our liberties issues around the country are not to learn more. 3

LAWSUIT FILED AGAINST Supreme Court to Hear 2004 Michigan Case ALL F MICHIGAN STATE POLICE FOR VIOLATING The United States Supreme Court will officially start the term on October 4 — the traditional starting date on the DATA COLLECTION LAW first Monday in October — by hearing oral arguments in a case brought by n August 3, the ACLU of vided criminal record data, arrests records, other private records obtained by Seisint, the American Civil Liberties Union of Michigan, representing former sexual offenders list records, driver’s the company can used the MATRIX soft- Michigan in a constitutional challenge OGovernor William Milliken and license records, and motor vehicle regis- ware to instantaneously create dossiers on to a Michigan law that limits court- Sister Elizabeth DeForest, a Catholic tration records to MATRIX, which is run law-abiding citizens. appointed lawyers for the poor. nun, sued the Michigan State police for by a private company called Seisint which The ILEIOA, established in 1980 under its failure to comply with a law passed in was recently bought by Lexis/Nexis. The Gov. Milliken, created safeguards on shar- “What’s at stake here is whether 1980 which was meant to prevent unsu- program ties together ing confidential information after it was Michigan will be required to give a fair pervised and uncontrolled access to government and commercial databases discovered that Michigan police had shot at the appellate process to those information and individuals. The law with the purpose of conducting detailed compiled “red squad files” on hundreds of who cannot afford their own requires the police to obtain the approval searches on particular individuals and Michigan citizens who were involved in attorney,” said David Moran, the ACLU of the legislature or have a citizen over- identifying the civil rights and anti-war movements cooperating attorney who will argue sight body before it can legitimately par- patterns in the data. According to the even though they had committed no crime. the case before the Supreme Court. ticipate in an interstate law enforcement ACLU, MATRIX contains a vast array of At the time, Michigan law enforcement intelligence agency. non-criminal information on the citizens of agencies were participating in an intelli- The case, Tesmer v. Granholm, will The ACLU of Michigan has been Michigan including information that is gence network similar to MATRIX for the decide whether Michigan can deny an watching the data collection activities and speculative, inaccurate and possibly con- purpose of fighting organized crime. indigent person, who has pleaded the participation of the Michigan State stitutionally protected. However, they were also using the infor- guilty to a crime, the right to have an Police (MSP) for nearly a year. In October Peace activist Sister Elizabeth LaForest mation to spy on and collect information attorney assist with his or her appeal 2003, our national office filed simultane- has been arrested and convicted of tres- about citizens engaged in constitutionally from the sentence that the judge ous “Freedom of Information Act” passing for participating in non-violent protected political advocacy. imposes after the plea. Since 1963, requests in each state participating in the anti-war protests. Her arrest and criminal The ACLU believes that citizens may the Supreme Court has repeatedly held that the poor have the same right new “MATRIX” database surveillance records have been or will be shared by the be vulnerable to inaccurate data collection as the wealthy to the assistance of an system – Michigan, Connecticut, New police with MATRIX, as will Governor under MATRIX, much like they were used attorney for a first appeal from any York, Ohio and Pennsylvania. Here in Milliken’s driver’s license and motor vehi- to create the “red squad” files, with even criminal conviction, and no State had Michigan we followed up that request with cle registration. greater risks as a result of 21st century attempted to take away that right. additional requests and learned that the “What’s particularly troubling about technology. MATRIX has no citizen over- MATRIX is that vast amounts of informa- sight board; it maintains records which are police did not believe that they are required “It may be months before we hear tion are being compiled about law-abiding not relevant to a criminal investigation or to ensure that safeguards are in place their decision, but they’ve has said citizens,” said ACLU attorney Noel Saleh. within the scope of an authorized law before sharing the information. over and over again that states can’t “We are entering an age where the law “With a few strokes on the keyboard, any enforcement activity; it may contain infor- discriminate against the poor lags behind the incredibly powerful tech- one who drives or owns a car who has mation describing how an individual exer- whether at the trial stage or in a first nologies developing. There are a lot of never done anything wrong or someone cises rights guaranteed by the First appeal,” said Kary Moss, ACLU of questions we need to answer before we who has been arrested for a minor offense Amendment; it has no procedures for Michigan Executive Director. allow the government to turn over basic may find themselves in the middle of a reviewing files for accuracy or legality; information, such as that contained on government investigation.” and there is no stated policy for assuring In 1999, the Michigan Legislature drivers licenses, to private third parties,” Seisint Inc., a private, profit-making the purging of outdated information. passed a statute prohibiting the said ACLU Executive Director Kary Moss. company in Florida, has refused to disclose The lawsuit was filed in the Wayne appointment of counsel in guilty plea Governor Milliken has explained why details of the program, according to news County Circuit Court. cases except in limited he agreed to join this lawsuit: “I signed reports. It remains unclear what data will To read the complaint, go to: circumstances. The statute has never this act into law in order to protect the be compiled, who else may have access to http://www.aclumich.org/ taken effect because the federal privacy of individual citizens and, at the it, or what standards would trigger the cre- modules.php?name=Sections&op=vie district court in Bay City struck it same time, provide law enforcement agen- ation of a dossier on an individual. warticle&artid=118 down in 2000 and June, 2003 the cies with the tools they need. Nearly 25 While the Michigan State Police entire Sixth Circuit upheld the trial years later, the technology has changed, but defends their participation in the MATRIX court decision. the privacy rights of Michigan citizens program because the data shared is of a remain the same.” "public" nature, the ACLU is arguing that The Michigan State Police have pro- when this data is combined with billions of

SLAPPS, FLAPS, MIDDLE FINGERS & ID

FROM THE LEGAL DIRECTOR, MICHAEL J. STEINBERG

s you can see elsewhere in this newsletter, we have been extremely busy. On the first day Aof the new term, the Supreme Court will hear one of our cases involving the right-to-counsel which will be argued by cooperating attorney David Moran.

As our front page article attests, we are nearly $30,000 to defend himself until the After the charges were thrown out, the THE MIDDLE FINGER working hard to force cities to allow ACLU, with the help of Daniel Quick, rep- ACLU filed a federal lawsuit on behalf of AND FREE SPEECH homeowners of all political persuasions to resented him successfully on appeal. Risbridger arguing that (1) the arrest for When Thomas Lawrence was a pas- voice their opinions. We are representing SLAPP suits have a tremendous chill- failure to show ID violated Risbridger’s senger in a car stopped at a light in Pontiac former Governor William Milliken and a ing effect not only on the person who is right against unreasonable seizures, and one night, he observed a Pontiac police nun in a lawsuit challenging the partici- sued, but on anyone who might think of (2) Risbridger’s due process rights were officer who appeared to be harassing a pation of the Michigan State Police in the speaking out against an injustice commit- violated because the “hindering and homeless person. When the officer real- “Multi-State Anti-Terrorist Information ted by a corporation or the government. obstructing” ordinance did not give notice ized that Lawrence was watching him, he Exchange” (MATRIX), in order to protect Citizens are often faced with the choice of that it was a crime for a person to decline directed the flood light from his cruiser in the privacy of Michigan residents. And we speaking out and risking a lawsuit or to show ID when he was not under arrest. Lawrence’s eyes. The traffic light turned are encouraging students to exercise their remaining silent. Our democracy depends A federal court judge ruled in green and, as Lawrence’s car was pulling fundamental right to vote by clearly on input from ordinary citizens, like Ms. Risbridger’s favor but the Court of away, Lawrence extended his middle fin- explaining their options in light of the Fromhart and Mr. Mach, and we must Appeals held that the officer did not have ger at the officer. Within minutes, the 4 2000 law requiring that Michigan resi- work to put an end to SLAPP suits. to pay Risbridger damages because of police had pulled over the car and arrested dents’ voter registration address be the Over 20 states have anti-SLAPP legis- “qualified immunity.” The case was sent Lawrence for disorderly conduct. same as their driver’s license address. lation that permits individuals who are back to the district court to determine Lawrence called the ACLU and, with the Below is an example of some other sued for exercising their free speech rights whether the City had to pay damages. help of cooperating attorneys Rob Shaya important work that we are doing that per- to recover attorneys’ fees from the corpo- Then, this past summer, the Supreme and Amy Neville, we filed a motion to dis- haps does not get as many headlines as the ration or public official if they win the Court, in a controversial 5-4 decision, miss, which the court granted. The ACLU 2004 issues found elsewhere in the newsletter. case. It also permits judges to dismiss a ruled in a case out of Nevada that a per- relied on a long line of cases holding that SLAPP suit at an early stage rather than son does not have a right to refuse to show “flipping the bird” is a form of expression

ALL IT’S TIME TO STOP SLAPP SUITS

F forcing citizens to spend thousands of dol- ID when there is a law that clearly requires IN MICHIGAN! which, while disrespectful, cannot serve as lars defending themselves. This is a civil the showing of ID. the basis of a criminal prosecution. The ACLU of Michigan, thanks in liberties issue that should draw bipartisan Following the Supreme Court’s deci- large part to cooperating attorney Daniel support, and is an issue that we are work- sion, East Lansing amended its ordinance Quick, has been defending numerous ing on in Lansing. to specifically state that individuals must SLAPP suits over the past seven years. DETROIT CITY COUNCIL FLAP show ID to police during reasonable sus- “SLAPP” stands for “strategic lawsuit picion stops. Risbridger recently agreed to against public participation.” They are Last July Detroit City Councilmem- settle his due process claim for $27,500 in filed by corporations or public officials bers JoAnn Watson, Maryann Mahaffey damages, attorneys’ fees and costs. Many against ordinary citizens in order to intim- and Sharon McPhail presided over a thanks to cooperating attorneys Bryan idate citizens from speaking out on mat- council-sponsored public hearing for pub- Waldman and Professor Dorean Koenig ters of public importance. lic employees who had been laid off, or for their hard work on this case. A classic example of a SLAPP suit is who feared being laid off. During the pub- the lawsuit filed by a gravel corporation lic hearing, some members of the audi- against Laurie Fromhart of Bridgewater ence discussed the possibility of a strike. Township in rural Washtenaw County. Ms. Following the hearing, Councilmember Fromhart spoke at a Michigan Department Watson suggested that the participants at of Environmental Quality hearing last the hearing meet in three groups accord- October against granting the corporation ing to their interests. One of the three a permit to excavate an area large enough groups was a group interested in dis- to create a 50-acre lake. She expressed her cussing the possibility of a strike. concerns on behalf of a citizen group The Detroit Corporation Counsel’s called Stewards of Bridgewater about the office then issued a legal memorandum sug- adverse impact the project would have on gesting that the three councilpersons had wetlands and on the neighboring home- violated the Public Employees Relations Act owners. In November 2003, the MDEQ by encouraging a strike of public employees issued a ruling agreeing with Fromhart. and that they could be brought up on ethics In May 2004, just before re-submitting charges and its permit request, the corporation, possibly removed from office by the Sylvester Material Co, Inc. (SMR) sued Governor. Alarmed by the prospect of sanc- Fromhart and others who had spoken out tions, the three women came to the ACLU. against the initial project. SMR alleged ACLU Executive Director Kary Moss, that the activists had somehow defamed and Professor Robert Sedler of Wayne the corporation. Not having the resources State University, wrote a letter to corpo- to hire an attorney to defend a lawsuit, ration counsel explaining that the First another Bridgewater resident agreed to the Amendment fully protects the speech of SMR’s terms: the corporation would drop city council members. No ethics charges the lawsuit if the resident agreed not to have been filed as of yet. speak out against the new permit request. FAILURE-TO-SHOW-ID CASE Ms. Fromhart was unwilling to remain SETTLES silent, but she also lacked the resources to hire a lawyer. So she called the ACLU and On the night of a football Saturday in we agreed to defend her. Daniel Quick and East Lansing, as Travis Risbridger walked Wayne State law professor C.J. Peters to his car an officer stopped him and asked SUMMER LAW INTERNS 2004 entered appearances on behalf of the ACLU for identification. Risbridger, who had and filed a brief to dismiss the case on free done nothing wrong, asked why he had to Front row (left to right): Margaret Vincent (U-M Law), Cherokee Melton (U-M Law), Melonie Sonnenborn (U-M speech grounds. After the ACLU got show ID. Although the police officer had Law), James Williamson (U-M Law) involved, SMR simply dropped the case. received an incorrect report that Back Row: Michael Steinberg (Legal Director), Jennie Santos (Boston College Law), John Rappaport (Harvard Most people who are sued for exercis- Risbridger may have been in a fight, he Law), Leah Plunkett (Harvard Law), Brooke Tucker (Howard Law) ing their First Amendment rights are not did not share that information with so lucky. Richard Mach was sued by a Risbridger. Rather, he again demanded his Flint police officer for making a citizen’s ID. When Risbridger asked for an expla- complaint to the police chief and the nation, the officer arrested him for “hin- mayor about the hostile way he was dering and obstructing a police officer” treated by the officer. Mr. Mach spent and kept him in jail for the night.

General Election Voters’ Guide – Michigan 2004

1. Do you support a woman’s right to an abortion? (ACLU 6. Do you support legalizing the death penalty in Michigan? 10. Would you support a resolution directing the Congress of Position: support) (ACLU Position: oppose) the United States to amend the USA PATRIOT Act to ensure national security without eroding civil liberties?(ACLU 2. Do you support using state funds in the form of vouchers or 7. Do you support legislative limitations on the mass Position: support) tuition tax credits for religious and private K-12 collection and maintenance by the government of education? (ACLU Position: oppose) individuals’ personal data from private and public sources, often referred to as data mining? KEY 3. Do you support allowing medical facilities, such as (ACLU Position: support) X = Support R – Republican Party hospitals, pharmacies and insurance companies, to refuse O = Oppose D – Democratic Party to provide services or medication based on religious, 8. Do you support legislation that restricts financial or other ethical or moral objections? organizations, and government agencies, from sharing ? = Undecided G – Green Party (ACLU Position: oppose) personal identifying information, such as social security • = No answer I – Independent numbers, without the individual’s affirmative consent? 4. Do you support reform to allow parole consideration for L – Libertarian (ACLU Position: support) juvenile offenders serving life without the possibility of T – US Taxpayers parole for crimes committed when they were under the 9.Do you support using minority status or gender as factors in BOLD TYPE indicates agreement age of 17? (ACLU Position: support) granting admission to institutions of higher education, or employment in government agencies or awarding of with ACLU position 5. Do you support the right of adults to legally marry a government contracts? (ACLU Position: support) partner of the same sex? (ACLU Position: support)

Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Party Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Party 1ST DISTRICT 25TH DISTRICT Rep. Edward J. Gaffney DID NOT RESPOND R Rep. Steve Bieda DID NOT RESPOND D C.J. Harrison X OOXXOXXXX D Michael J. Wiecek DID NOT RESPOND R 2ND DISTRICT 26TH DISTRICT Edith L. Floyd OOOXOOOXOO R Marie Donigan XOOXXOXXXX D Lamar Lemmons, Jr. DID NOT RESPOND D Carlo P. Ginotti DID NOT RESPOND R 3RD DISTRICT Dale Savage DID NOT RESPOND I Michael F. Embry • O O X • O X X O X R Sara L. Sjöberg X X O X X O X X O X L Lamar Lemmons III DID NOT RESPOND D 27TH DISTRICT 4TH DISTRICT William Axtell O X X X O O X X O X R Carla Haska DID NOT RESPOND R Rep. Andy Meisner X O O X X O X X X X D Rep. Mary D. Waters X OOXXOXXXX D 28TH DISTRICT 5TH DISTRICT Timothy Knue O X X X O X X X O X R Rep. Bill McConico X OOXXOXXXX D Stephen J. Samoranski II DID NOT RESPOND L 6TH DISTRICT Rep. Lisa Wojno DID NOT RESPOND D Rep. Marsha G. Cheeks DID NOT RESPOND D 29TH DISTRICT Dorothy Patterson DID NOT RESPOND R Samantha Moffett DID NOT RESPOND R 7TH DISTRICT Rep. Clarence E. Phillips X O O X ? O X X X X D Delores Broderson DID NOT RESPOND R 30TH DISTRICT Rep. Virgil Smith DID NOT RESPOND D Roger M. Maceroni DID NOT RESPOND D 8TH DISTRICT Tory Rocca DID NOT RESPOND R Melvin Byrd DID NOT RESPOND R 31ST DISTRICT George Cushingberry, Jr. XOOXXOXXXX D Fred Miller DID NOT RESPOND D 9TH DISTRICT James Miller X X•OXXXOOX L Rep. Tupac A. Hunter XOOXXOXXXX D William A. Morelli DID NOT RESPOND R Richard A. Zeile DID NOT RESPOND R 32ND DISTRICT 10TH DISTRICT Rep. Daniel Acciavatti DID NOT RESPOND R Gabe Leland XOOXXOXXXX D Michael R. Landsiedel DID NOT RESPOND D Reuben Myers DID NOT RESPOND R Joseph L. Zemens X XXOOOXXOX L 11TH DISTRICT 33RD DISTRICT Rep. Morris Hood III DID NOT RESPOND D Gary E. Cynowa X O OXXOXXXX D Charles E. Powell, Jr. DID NOT RESPOND R Rep. Leon Drolet DID NOT RESPOND R 12TH DISTRICT 34TH DISTRICT Anita M. Salazar DID NOT RESPOND R Rep. Brenda Clack X O O X X O X O X X D Rep. Steve Tobocman XOOXXOXXXX D Steven Mays DID NOT RESPOND R Raymond H. Warner DID NOT RESPOND L 35TH DISTRICT 13TH DISTRICT Rep. Paul Condino DID NOT RESPOND D Rep. Barbara Farrah XOOXXOXXXX D Alan M. Malisow DID NOT RESPOND R Bruce Morse X X X X X O X X O X L 36TH DISTRICT Darrell Stasik O X X X O O X X O X R Robert Murphy O•OOOXOOOX D 14TH DISTRICT Rep. Brian Palmer O X X O O O X X O X R Ed Clemente DID NOT RESPOND D 37TH DISTRICT Theresa Dombrowski DID NOT RESPOND R William Largent DID NOT RESPOND R 15TH DISTRICT Rep. Aldo Vagnozzi X O O X X OXXXX D Gino H. Polidori • O O X O O O X X X D 38TH DISTRICT Doug Thomas DID NOT RESPOND R Rep. Craig DeRoche DID NOT RESPOND R 16TH DISTRICT Joan Morgan DID NOT RESPOND D Jeffrey Lauster O X • O O X X X O X R 39TH DISTRICT William Lowry O O O X O O X X O X T Nathan E. Allen X X X X X X X X X X L David Nagy X O X X O O X X O X L David Law DID NOT RESPOND R Rep. Jim A. Plakas DID NOT RESPOND D Michael Alan Schwartz X O O X XOXXXX D 17TH DISTRICT 40TH DISTRICT Andy Dillon DID NOT RESPOND D Rep. Shelley Goodman Taub DID NOT RESPOND R Darryl Husk DID NOT RESPOND R 41ST DISTRICT Kerry L. Morgan DID NOT RESPOND L Jim Blundo X O O X XOXXXX D 18TH DISTRICT Robert Gosselin DID NOT RESPOND R Rep. Glenn S. Anderson DID NOT RESPOND D 42ND DISTRICT Hal Dunn DID NOT RESPOND T Rep. Frank Accavitti, Jr. XOOXOOXXXX D Kip R. Lipford DID NOT RESPOND R Greg Fleming O X X O O O X X O X R 19TH DISTRICT 43RD DISTRICT Joan A. Gebhardt DID NOT RESPOND D Rep. Fran Amos DID NOT RESPOND R Rep. John R. Pastor DID NOT RESPOND R Scott Hudson X O O X O X X X O • D 20TH DISTRICT 44TH DISTRICT Marc R. Corriveau DID NOT RESPOND D Ron Monroe O X O X O • X X O X T Rep. John C. Stewart X O O X ? O X X X X R Bill Scrase DID NOT RESPOND D 21ST DISTRICT Rep. John P. Stakoe DID NOT RESPOND R Rep. Phillip J. LaJoy DID NOT RESPOND R 45TH DISTRICT Ralph Mayer DID NOT RESPOND D Retta Fontana X X XXXOXXOX L 22ND DISTRICT Rep. John Garfield DID NOT RESPOND R Rick Butkowski DID NOT RESPOND T Thomas L. Werth X O OXXOXXXX D Rep. Hoon-Yung Hopgood DID NOT RESPOND D 46TH DISTRICT Fred W. Kalsic DID NOT RESPOND R James Marleau DID NOT RESPOND R 23RD DISTRICT Daniel Mysiakowski DID NOT RESPOND D Rep. Kathleen Law X O O X•OXXXX D 47TH DISTRICT Richard J. Secula X X X X X O O X O X L Rep. Joe Hune DID NOT RESPOND R Bill Vollenweiderl DID NOT RESPOND R Edmund Senkowski DID NOT RESPOND D 24TH DISTRICT 48TH DISTRICT Rep. Jack Brandenburg DID NOT RESPOND R Rep. John J. Gleason O O X X O O X X X X D Dan Foukes X XOXOXOXOO D Donald H. Wenk DID NOT RESPOND R

Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Party Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Party 49TH DISTRICT 80TH DISTRICT Lee Gonzales XOOXXOXXXX D Tonya Schuitmaker DID NOT RESPOND R Dan Parks DID NOT RESPOND R Art Toy XOOOXOXXXX D 50TH DISTRICT 81ST DISTRICT Fred Mac Fortner DID NOT RESPOND R Mary Patterson XOOXXOXXXX D Rep. Paula K. Zelenko DID NOT RESPOND D Phillip J. Pavlov DID NOT RESPOND R 51ST DISTRICT 82ND DISTRICT Rep. Dave Robertson DID NOT RESPOND R Laura Erpelding O X X O O X X X O X T Steve Robinson XOOXXOXXXX D David Okasinski X O O X X O X X O X D 52ND DISTRICT Rep. John Stahl DID NOT RESPOND R Pam Byrnes X O O X O O X X X X D 83RD DISTRICT Joseph J. Yekulis, Jr. DID NOT RESPOND R John Espinoza O O O X O O X X X X D 53RD DISTRICT Paul Muxlow DID NOT RESPOND R Rep. Chris Kolb XOOXXOXXXX D 84TH DISTRICT Erik P. Sheagren DID NOT RESPOND R Rep. Tom Meyer DID NOT RESPOND R 54TH DISTRICT Rebekah L. Mikkelson XOOXXOXXXX G Jason R. Myers DID NOT RESPOND R Steve Montle DID NOT RESPOND D David H. Raafaub DID NOT RESPOND L 85TH DISTRICT Alma Wheeler Smith XOOXXOXXXX D Richard Ball DID NOT RESPOND R 55TH DISTRICT Mike Powers DID NOT RESPOND D Kathy Angerer O O O X O O X X X X D George M. Zimmer O X X X O O X X O X T Rep. Matt Milosch DID NOT RESPOND R 86TH DISTRICT 56TH DISTRICT Bill Gelineau X O O X X O X X O X L Herb Kehrl DID NOT RESPOND D Dave Hildenbrand DID NOT RESPOND R Robert Kull XOOXXOXXXX G James Turner XOOXXOXXXX D John Manor O O O X O X X X X X R 87TH DISTRICT Lance Piedmonte X O O X X X X X O X L Phillip Peter Adams DID NOT RESPOND T 57TH DISTRICT David A. Brinkert DID NOT RESPOND D David Abraham DID NOT RESPOND R Rep. Gary Newell DID NOT RESPOND R Dudley Spade DID NOT RESPOND D 88TH DISTRICT 58TH DISTRICT Marty Jo Fleser O O O X O O X X X X D Rep. Bruce Caswell DID NOT RESPOND R Rep. Fulton J. Sheen DID NOT RESPOND R Jack Gabbard DID NOT RESPOND D 89TH DISTRICT 59TH DISTRICT Rebecca Arenas XOOXXOXXXX D Ed Pawlowski DID NOT RESPOND D Rep. Barbara G. Vander Veen DID NOT RESPOND R Rep. Rick Shaffer DID NOT RESPOND R 90TH DISTRICT 60TH DISTRICT Jo Bartlett DID NOT RESPOND D Nick Fedesna X X X X O O X X O X R Mariano Diaz, Jr. DID NOT RESPOND L Rep. Alexander C. Lipsey XOOXXOXXXX D Rep. Bill Huizenga DID NOT RESPOND R 61ST DISTRICT 91ST DISTRICT Rep. Jack Hoogendyk O O X X O X X X O ? R Rep. David Farhat DID NOT RESPOND R James H. Houston X O O XXOXXXX D Nancy Frye DID NOT RESPOND D 62ND DISTRICT 92ND DISTRICT Lynne Haley X O OXXOXX?X D Doug Bennett XOOXXOXXXX D Rep. Mike Nofs DID NOT RESPOND R Bob Cutler DID NOT RESPOND R 63RD DISTRICT 93RD DISTRICT James H. Geary X O OXXOXXXX D Monica Birchman DID NOT RESPOND D Rep. Lorence Wenke DID NOT RESPOND R Rep. Scott Hummel DID NOT RESPOND R 64TH DISTRICT 94TH DISTRICT Rick Baxter DID NOT RESPOND R Roger Kahn DID NOT RESPOND R Martin J. Griffin DID NOT RESPOND D Timothy D. Muter O O O X O O X X O X D 65TH DISTRICT 95TH DISTRICT Leslie Mortimer DID NOT RESPOND R Andrew Wendt DID NOT RESPOND R Mike Simpson DID NOT RESPOND D Rep. Carl M. Williams X O O X •OOXXX D 66TH DISTRICT 96TH DISTRICT W. James Block X OOXOOXXXX D Steven G. Goss DID NOT RESPOND R Rep. Chris Ward DID NOT RESPOND R Jeff Mayes OOXXOOXXXX D 67TH DISTRICT 97TH DISTRICT Rep. Dianne Byrum DID NOT RESPOND D Rep. Jennifer Elkins DID NOT RESPOND D Beth Chandler DID NOT RESPOND R Tim Moore DID NOT RESPOND R 68TH DISTRICT 98TH DISTRICT DelRae Finnerty O X O XOOXX?X T Stacy Jones O O O X O O X X O O D Mark Harm DID NOT RESPOND R Rep. John Moolenaar DID NOT RESPOND R Rep. Michael C. Murphy X O O X • O X X X X D 99TH DISTRICT 69TH DISTRICT Bill Caul DID NOT RESPOND R Angela Lindsay DID NOT RESPOND R Sharon Stangle Tilmann DID NOT RESPOND D Rep. Gretchen Whitmer X O O XXOXXXX D 100TH DISTRICT 70TH DISTRICT Ronald W. Griffin DID NOT RESPOND D Rep. Judy Emmons DID NOT RESPOND R Geoff Hansen DID NOT RESPOND R Henry A. Sanchez X O O X • O O X X X D 101ST DISTRICT Lloyd W. Sherman X X O X X O X X O X L Richard Gebhard X O O X O O X X X X D 71ST DISTRICT Rep. David Palsrok DID NOT RESPOND R Rick Jones O O X X O O X X O O R 102ND DISTRICT Ryan Latourette X O O XXOXXXX D Darwin L. Booher DID NOT RESPOND R Mark Powell XOOXXOXXXX L Paul Challender XOOXXOXXXX D 72ND DISTRICT 103RD DISTRICT Thomas Burke XOOXXOXXXX D Bruce R. Rendon DID NOT RESPOND R Rep. Glenn Steil, Jr. DID NOT RESPOND R Joel A. Sheltrown DID NOT RESPOND D William Robert Wenzel III XXOXOOXXOX L 104TH DISTRICT 73RD DISTRICT Tom Karas X O O XXOXX?X D Frederick Clowney X O OXXOXXXX D Rep. Howard Walker DID NOT RESPOND R Ron Heeren O X O X • O X X O X L 105TH DISTRICT Tom Pearce DID NOT RESPOND R Kevin A. Elsenheimer DID NOT RESPOND R 74TH DISTRICT Jim McKimmy X OOXXOXXXX D Tracey Gelineau DID NOT RESPOND L 106TH DISTRICT Rep. William Van Regenmorter DID NOT RESPOND R Richard Fortier DID NOT RESPOND R Dawn C. Sloboda X X O XXXXXOX D Rep. Matthew Gillard DID NOT RESPOND D 75TH DISTRICT 107TH DISTRICT Rep. Jerry Kooiman DID NOT RESPOND R Gary McDowell O O O X O O X X X X D Christopher Vogt DID NOT RESPOND D Walter H. North DID NOT RESPOND R 76TH DISTRICT 108TH DISTRICT Rep. Michael Sak DID NOT RESPOND D Dennis Baldinelli X O O X • X X X X X D Holly Zuidema DID NOT RESPOND R Rep. Tom Casperson DID NOT RESPOND R 77TH DISTRICT 109TH DISTRICT Albert S. Abbasse XOXXXOXXXX D Rep. Stephen Adamini X O O X • O X X X X D Wayne R. Dial DID NOT RESPOND L David L. Kaltenbach O X X O O X X X O X R Kevin Green O X O X O X X X O X R 110TH DISTRICT John Stedman DID NOT RESPOND I Patricia Ashcraft DID NOT RESPOND R 78TH DISTRICT Rep. Rich Brown DID NOT RESPOND D Michael Gordon XOOXXOXXXX D James M. Niemela OOXOOXXXOX T Rep. Neal Nitz DID NOT RESPOND R Travis Peterson DID NOT RESPOND I 79TH DISTRICT John M. Proos IV DID NOT RESPOND R Princella Tobias DID NOT RESPOND D

WHAT’S HAPPENING OR SIMILAR UNION THROUGHOUT MICHIGAN by Mary Bejian FOR ANY PURPOSE here hasn’t been a dull moment in public schools. It has been a controversial the four months I’ve been on board piece of legislation among educators and JAY KAPLAN Tas the ACLU of Michigan Field youth advocates. Organizer. What with traveling throughout A lesser known aspect of the law deals the state to our nine volunteer branches with student privacy. Disclosure of student age. In addition this amendment could gut and developing strategies and materials directory information without explicit con- current protections against discrimination for our many projects, it’s hard to find the sent raises some serious concerns. Under under the Michigan Civil Rights Act on the time to sit down. Let me tell you about two NCLB, schools receiving Title I federal basis of marital status. of the exciting projects now underway. funding are required to release the direc- Is it any wonder why proponents of the tory information of high school juniors and ballot intiative now don’t want to talk STUDENT VOTING RIGHTS about what those six words “or similar MADE EASY seniors to military recruiters upon request. School districts are also required per union for any purpose” mean? They say that the courts can interpret just what these The ACLU of Michigan and the NCLB to “reasonably inform” students and Michigan State Conference of the NAACP words mean. However, didn’t these same their parents or guardians of their right to proponents of this constitutional amend- have developed a voting rights brochure “opt out.” There’s been a range of school targeting college students. It’s available on ment say that it was necessary to prevent district responses to this requirement across “activist” judges from issuing opinions our website at www.aclumich.org, and in the country, from the provision of special- print - just give us a call. We created the regarding same-sex marriage? When he ized letters and “opt out” forms sent home introduced legislation to amend brochure in response to student confusion to each student, to no response at all. Michigan’s constitution, State Senator caused by a voter registration law enacted In August of this year, the ACLU of Alan Cropsey told the press that the shortly before the 2000 election. The new Michigan sent letters to all Michigan ON NOVEMBER 2, 2004 voters will be cast- amendment would ban domestic partner- law requires Michigan residents to vote in school superintendents informing them of ing their ballots to decide if the Michigan ships and benefits. Now he says it’s bans the district corresponding to the address on their rights and obligation to protect student Constitution should be amended to include civil unions, but he’s not so sure about their driver’s licenses. Before the law the following language: “The union of one domestic partner benefits. Marlene Elwell, privacy. The letter made specific policy man and one woman shall be the only changed, students could register to vote on suggestions and provided a sample “opt head of Citizens for Protection of agreement recognized as marriage or sim- Marriage, the group leading the campaign campus without changing the address on out” form. ilar union for any purpose.” to amend Michigan’s constitution, helped their license to their campus address. ACLU of Michigan volunteer branches We’ve had hundreds of hits on our web- Mischaracterized by mainstream media draft the language of the legislative pro- throughout the state now plan to follow up as the “Gay Marriage Amendment,” site about the brochure and have publicized posal. She maintains that Proposal 2 is with school districts to ensure that students Proposal 2 would do much more than ban the information at close to a dozen college about “one man, one woman marriage- and their families receive the information same-sex marriage. It would also ban civil campuses throughout the state. It’s not too period.” Gary Glen of American Family they need to make an informed decision unions and domestic partnerships for Association says that the amendment late for this information to be useful to stu- regarding whether or not to allow their stu- same-sex and heterosexual unmarried cou- would ban all forms of recognition for dents - send an e-mail to a Michigan stu- dent’s contact information to be shared ples. It could prohibit state and local gov- unmarried couples. The recent Michigan dent you know with the link to the with the military. ernments from providing domestic partner Court of Appeals decision, ordering the 7 “Election 2004” section of the ACLU If you would like to know more about benefits to unmarried couples (both same- Secretary of State to use the ballot lan- sex and heterosexual). Cities such as Ann website. They can read the information No Child Left Behind and student privacy, guage prepared by the Director of Arbor, East Lansing and Kalamazoo, and online and print out a Michigan Absentee please visit our website at www.aclu- Elections, stated that the language “or sim- Ballot Request Form if they know they will school districts, including Ann Arbor and ilar union for any purpose” are words hav- mich.org. We’ve posted a set of Frequently Birmingham which currently provide such

ing “a common, everyday meaning to the 2004 not be able to vote in their assigned district Asked Questions on this issue as well as the on Election Day. All those wishing to vote benefits, would have to rescind them. It general public.” Who are we kidding here? letter and sample “opt out” form sent to could prohibit state colleges and universi- For the drastic step of amending our in the November General Election must ALL

Michigan superintendents. ties from recognizing domestic partners F register by October 4, 2004. Hope to see state’s constitution, why would we ask If you’d like to get involved in this proj- and domestic partner benefits, which is the you at the polls on November 2nd! Michigan voters to decide confusing and ect, click on the Michigan map at our web- current practice of a majority of colleges. misleading language? STUDENT PRIVACY, MILITARY site to locate the ACLU branch near you. And since the amendment acts as a con- Proposal 2 is not about same-sex mar- RECRUITERS AND THE Branches can benefit especially from the stitutional ban, it would apply to both the riage. Michigan already has at least two NO CHILD LEFT BEHIND ACT help of education professionals, parents government and private entities. This laws which prohibit same-sex marriage. The federal No Child Left Behind Act and students. means that private employers could be pro- However, it is about denying thousands of (NCLB), passed in 2001, deals primarily hibited from offering domestic partner Michigan families legal recognitions and with improving education standards in our benefits to their employees. Yes, compa- protections that promote the stability of nies like the Big Three, which currently families and the welfare of children. It’s offer such benefits may have to rescind about writing discrimination into the them. Families, including children that Constitution. Proposal 2 is neither com- receive dependent health care benefits passionate nor conservative- it’s reckless could find themselves without such cover- and radical. Vote No on November 2nd. TWO NEW PUBLICATIONS AVAILABLE The ACLU of Michigan has released two new social justice and publications which are available on the community building. The website at www.aclumich.org. The first, name JEHT stands for “Second Chances,” is a report about the the core values that growing number of juveniles living out life underlie the sentences in Michigan prisons with no hope of Foundation's mission: rehabilitation or release. Justice, Equality, The report outlines the issue including Human dignity and recommendations for a response to juvenile Tolerance. crime. To read the “Over 300 children in Michigan have been report online, given these unforgiving sentences,” said go to: Deborah Labelle, the Ann Arbor attorney who www.aclumich.org/ directed the project for the ACLU. “Life pubs/ without parole sentences ignore the very real juvenilelifers.pdf differences between children and adults, The second abandoning the concepts of redemption and publication now Chad Gearig andCarey Aubrey-Martinez at student organizing event at Wayne State University in second chances upon which this country was available online is September whipping up interest for the campus chapter. Notice the sign in the bottom right corner – built.” “Got Rights At Work.” Sample the Sweet Taste of Freedom. While public safety remains foremost in This manual is meant everyone’s mind, the automatic, mandatory to help new workers and permanent sentencing laws in Michigan entering the laborforce or leaves no room to reasonably assess the workers who may not have juvenile’s growth or maturity. any familiarity with their ACLU of Michigan Executive Director Kary rights. The manual is DO YOU NEED TO KNOW... Moss, said, “We need to re-examine the laws written in a question and that allow children to be sentenced to life answer format, looking at how new workers How you can register to vote? imprisonment in adult prisons when they can apply for a job, be sure that they are can’t legally use alcohol, serve on juries or be earning a fair wage, as well as issues of drafted because they are presumed not to privacy, discrimination, sexual harassment, Where your polling place is? have the capacity to handle adult and health and safety in the workplace. responsibilities.” This project has included the participation How to get an absentee ballot? The report recommends that courts of Michigan trade unions,such as the AFL- conduct individual assessments of these CIO, labor educators, attorneys, members of We found a great new website that children to assess when they should be the clergy, and leaders of civic organizations. allowed to rejoin society. answers these questions and more. The Juvenile Life Without Parole Initiative To read the report online, go to: was made possible as a result of a generous www.aclumich.org/pubs/ grant given by the JEHT Foundation. The JEHT workrightsmanual.pdf Go to www.publius.org Foundation was established in April 2000 to support its donors' interests in human rights,

The ACLU of Michigan is proud to offer our General Election 2004 Voters’ Guide.

This summer, we sent questionnaires to all candidates for state rep- For example, some candidates do not support same-sex marriage, resentative. The purpose of this guide is to give voters a better but believe strongly in the right to form civil unions and the right to understanding about candidate’s positions on the most crucial top- domestice partner benefits. ics affecting our civil liberties today. If a particular candidate’s position, as reflected in this survey, raises The ACLU Voter’s Guide is a great starting place to find out about the concerns for you, take the time to speak with that candidate. Find out Michigan House of Representative races, in which 252 candidates more about their positions. Let them know that civil liberties and are competing for 110 seats. it is important to remember that the constitutional rights are important to you and your community. Find issues addressed, while posed as black-or-white questions, often out which issues are of greatest importance to them and how they have significant shades of grey. Many candidates have nuanced posi- will use their office to stand up for civil liberties and civil rights. tions on these issues that cannot be fully reflected in a simple yes or Be involved in making an informed choice when you cast your vote on no answer. November 2.

8 VOTE NO

2004 ON PROPOSAL 2 – ALL F the Constitutional amendment to ban civil unions,

domestic partnerships and same-sex marriage. DON’T CHANGE OUR CONSTITUTION!

GIVE A GIFT OF MEMBERSHIP! o Yes, I want to become an ACLU member by making a gift of: o $20 Individual o $30 Joint o $35 Contributing o $75 Supporting o $125 Sustaining o $5 Limited income/student

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WHAT DO I LIKE ABOUT THE ACLU OF MICHIGAN? EVERYTHING! FROM THE PRESIDENT, JIM RODBARD

recently read a newspaper article about something called the September Project to commemorate 9/11. IEvents were planned at local libraries to discuss democracy. Participants would ask and try to answer three questions: What do I like about this country? What about it do I want to fix? What do I want to do about it?

I was intrigued by this premise and the U.S. We run the gamut from the erties in Michigan?” Well, I have a list: thought this might be a good way to intro- Northwest (Traverse City) Branch’s FOIA First, let me invite the membership of the duce myself to you, the members of our lawsuit seeking information about Joint ACLU of Michigan to become activists as splendid organization, by answering these Terrorism Task Force infiltration of peace well as members. Let us know what you same questions as they relate to the ACLU groups, to Legislative Director Shelli think we should be doing. Go to the web site Supreme Court to Hear of Michigan. Weisberg’s collaboration with state legisla- and send your comments, concerns, ques- Michigan Case What do I like about the ACLU of tive committees and the Governor’s Office to tions, and your interest in participating with Michigan? Everything. Our mission, our fashion a reasonable approach to so-called your branch or with the state organization. The United States Supreme members, our wonderful staff. I like its chal- “refusal clause” legislation, which seeks to Attend a local branch board meeting by lenges. I am proud of its accomplishments. permit doctors and pharmacists to deny serv- going to our website and clicking on the Court officially started the term And I am even invigorated by our detrac- ices on the basis of recipient’s reproductive “State Branch MI Mitten” to find out when on October 4 — the traditional tors. choices or sexual orientation. Jay Kaplan, your local branch board meets. Join our starting date on the first Monday In short, the ACLU is very cool. It never Mary Bejian, and Wendy Wagenheim have Action Alert System and let your voices be in October — by hearing oral goes out of style. It’s like basic black. It developed a tool kit for local advocacy and heard in Lansing and in Washington. One arguments in a case brought by keeps going and it keeps growing. We have opposition to Proposal 2. And then there are fax or e-mail can get a legislator’s attention the American Civil Liberties 9 gone from around 7,000 members when I all those pesky sign ordinances, among other and make a difference. Contribute to the Union of Michigan in a constitu- became a member of the Southwest things, always within Mike Steinberg’s ACLU Fund of Michigan so we can con- Michigan Branch Board in 1998, to more sights. It is the work of talented staff and the tinue to be everywhere. Buy a new ACLU tional challenge to a Michigan than 13,000 members today. dedicated leadership in the branches across of Michigan t-shirt, and let your community law that limits court-appointed And the ACLU is everywhere! It is in our state that are some of things I like so know that the ACLU has “got their back.” lawyers for the poor. our courts, in our legislature, in our schools, much about the ACLU. Finally, be proud to identify yourselves as 2004 in our media and across our communities. If So what needs fixing? Nothing. We members of the ACLU. “What’s at stake here is whether ALL you’ve not had the chance to read our 2003 do what we always do: advance civil liber- Last question: How are we going to Michigan will be required to give F Annual Report, go to www.aclumich.org, ties with new tools, new technology and keep the ACLU on the road? Continue to a fair shot at the appellate and access “About the ACLU”. Our tremen- new creativity traveling, hopefully, on Roger be leaders for our community. Continue to dous accomplishments are a credit to the Baldwin’s road to peace, order and justice. give voice to our mission to preserve every- process to those who cannot leadership of our wonderful staff, the state So maybe instead the question should be one’s civil rights and liberties. The stakes afford their own attorney,” said and branch boards, and our members and “What do we need to do to continue to be could not be higher. David Moran, the ACLU cooper- collaborators across Michigan and around everywhere and shape the state of civil lib- ating attorney who will argue the

case before the Suprwww.acluememich.o rgCourt.

The case, Tesmer v. Granholm, One of the most popular items will decide whether Michigan available at the ACLU of Michigan can deny an indigent person, office has long been the “bust card” who has pleaded guilty to a crime, the right to have an attor- or What To Do If You’re Stopped By ney assist with his or her appeal The Police. A “bust card” is a pock- from the sentence that the judge et-sized card that outlines your imposes after the plea. Since 1963, the Supreme Court has rights and options when you are repeatedly held that the poor stopped, arrested or questioned by have the same right as the police officers. wealthy to the assistance of an attorney for a first appeal from any criminal conviction, and no Last summer, the Supreme Court State had attempted to take ruled in the case Hiibel v. Sixth away that right.

Judicial District Court that someone “It may be months before we could be arrested merely for refus- hear their decision, but they’ve www.aclumich.org ing to identify himself to the police. has said over and over again that states can’t discriminate against As a result, the “Bust Cards” that the poor whether at the trial we have been distributing for years stage or in a first appeal,” said are now obsolete. Kary Moss, ACLU of Michigan Executive Director.

New cards are available to reflect In 1999, the Michigan the change in the law. Contact the Legislature passed a statute prohibiting the appointment of ACLU office at (313) 578-6801 for counsel in guilty plea cases more information. except in limited circumstances. The statute has never taken effect because the federal dis- trict court in Bay City struck it down in 2000 and June, 2003 the entire Sixth Circuit upheld the trial court decision.

www.aclumich.org

FROM THE CAPITOL

SHELLI WEISBERG

he legislature came back this month to pass the budget. I anticipate that when the budget process Tis complete, we will be very busy with a number of bills. We already know that several bill packages we actively worked on last winter will be back for con- sideration before this legislative session ends.

At the very start of the fall session, the and the House bills are substantially iden- a mandatory “substance abuse treatment ily planning services. In the case of the “Marriage/Divorce” legislation (Com- tical. This is a signal that the legislature is plan.” It established a pilot program as a Michigan legislation, HB 5006 is so panion bills SB 959/HB 5474; SB 960/HB serious about addressing identity theft. condition of family independence assis- broadly drafted that it could potentially 5470; SB 961/HB 5469; SB 963/HB SB 792/HB 6168 set up the “Identity tance eligibility in at least three counties. allow health care providers or institutions 5473; SB 964/HB 5467; SB 965/HB Theft Protection Act” which would pre- In April 2000, U.S. District Court judge to deny treatment or services that uniquely 5472; SB 966/HB 5471; HB 5468) had scribe a criminal penalty for committing Victoria Roberts issued a preliminary affect the LGBT community, including two more hearings in the Senate Judiciary identity theft; prohibit denying credit to, or injunction against enforcement of the law, hormone therapy for transgendered people Committee. We’re continuing to monitor reducing the credit limit of, a person and that decision was affirmed by the and assisted reproduction for same-sex this legislation which is a move toward because he or she was a victim of identity United States Court of Appeals for the couples. So far in 2004, seven states have abolishing no-fault divorce. theft; prohibit certain practices regarding Sixth Circuit in April 2003. considered thirteen measures similar to MI Of particular concern are several offering or extending credit; allow a law In December 2003, the ACLU of HB 5006 (LA, MI, MN, RI, VT, WA and House bills. HB 5472/SB 964 would enforcement agency, financial institution, Michigan and FIA reached a settlement. WV). require Friend of the Court determination or other person to request copies of a vital That settlement provides that FIA may At the September 18 State ACLU 10 that the best interests of children of the record in order to enforce the proposed conduct pilot programs of suspicion-based meeting Jay Kaplan and I held a workshop marriage are being considered, requiring Act or investigate or prevent identity drug testing of welfare applicants and session offering grassroots’ strategies to the Court to consider such factors as the theft; allow an identity theft victim to recipients only in accordance with an defeat Proposal 2, the Constitutional ban parents capacity to provide “religious request that the Secretary of State sup- agreed upon Protocol. That Protocol on same-sex marriage, civil unions and education and guidance.” press information; and, create an Identity includes a system to identify those recip- domestic partnerships. The package of 2004 HB 5468 would allow an individual to Theft Advisory Board to study data from ients with substance abuse problems and information used for this session is avail- take an income tax credit of the lesser of identity theft cases in Michigan. a requirement that they be referred to a able electronically. Please email me at ALL

F $50 or the cost of a “qualifying marriage A new Welfare Recipient Drug Testing professional for evaluation. [email protected] if you would preservation program.” HB 5474/SB 959 bill, HB 6161 introduced by Rep. Farhat - There is no need for HB 6161. And it like a copy. would amend the public health code to R, made it through the House Committee puts FIA employees in an extremely dif- The ACLU of Michigan is very include clergy or religious practitioners to on Family and Children Services despite ficult position by expecting them, without pleased to be including the General be licensed as marriage counselors and strong opposition from the ACLU, the substantial training, to understand and Election Voter Guide in this issue. qualifies faith-based organizations to Family Independence Agency and a host enforce the requirements of probable Because of term limits, one-third of the receive payments for the services man- of other social service organizations. cause as envisioned by the Fourth seats for the House of Representatives are dated under this legislation, allowing the In September 1999 the ACLU of Amendment. open. Since we will be electing 33 new congregant to claim a tax credit. Michigan filed a class action lawsuit chal- On September 22, the Senate members to the House of Representatives, A series of Senate and House bills, lenging a law enacted by the Michigan Committee on Health Policy took testi- we have the opportunity to influence the (HB 6168 - 6177; SB 220, 657, 792 - 798, Legislature that would have allowed uni- mony on the Refusal Clause legislation policy priorities for the Michigan legisla- 803) to address the problem of identity versal random drug testing of welfare (HB 5006, HB 5276, HB 5277 and HB ture. That’s why voter participation in the theft was approved by the House recipients. That law sought to deny sup- 5278) that passed the House last spring. November general election is so impor- Committee on Criminal Justice on port and benefits to Michigan welfare Refusal Clause bills generally target tant. Please use this Voter Guide to help September 15. The Senate bills were recipients if they refused to submit to ran- women’s reproductive health services, and evaluate the candidates and bring three passed by the Senate in December 2003, dom drug testing or failed to comply with may focus specifically on abortion or fam- friends with you to the polls!

ACLU AND DETROIT PUBLIC LIBRARY JOIN TO CELEBRATE THE FREEDOM TO READ ON WEDNESDAY, SEPTEMBER 29, we Excertps from Laura Berman’s late last week, defending “the right to people a variety partnered for the third time with the September 27th column: read.” of choices, Detroit Public Library to mark Banned At the same time that Williamson based on FLAP IN FLINT IS Book Week and celebrate the freedom was rethinking his hostility to printed individual GOOD EXAMPLE OF HOW FRAGILE to read. The second annual “Celebrity matter at City Hall, the Interfaith preference. But FREEDOMS CAN BE Read- In” featured Detroit Free Press Alliance – a nonpartisan religious it’s a safety pin columnist Rochelle Riley, Detroit You just never know when the mayor coalition – objected to anti-Kerry that’s holding News columnist Laura Berman, radio of your town might decide he wants the leaflets mailed in Arkansas and, later, the republic host Greg Bowens and four young local paper carrier to provide a list of West Virginia that showed a Bible together. poets from the InsideOut Literacy Arts everybody who subscribes to the “banned” – with the caption saying, On Project. Each reader select-ed a banned dangerous local newspaper. “This will be Arkansas if you don’t Wednesday or challenged book to read from and If the mayor of Moscow refused his vote.” night, the Detroit shared their personal feelings about the vast bureaucracy the right to carry a library’s main newspaper to the office, his action As it happens, Sept. 26 to Oct. 2 is book and their First Amend-ment Banned Books Week, the American branch and the rights. The following excerpts would symbolize the country’s ACLU are repressiveness. Library Association’s tribute to the demonstrate how important it is that we excesses of past censorians. jointly remember this special calendar week. But Flint’s mayor got away for sponsoring a months with an executive order crafted The library makes books available banned book to damage the local newspaper – the to the public. The public gets to decide celebrity read-in only one in town. The ACLU stepped in which books to read. Yes, it’s a quaint from 6 p.m. idea – public funds being used to offer I’ll join Free

RANDOM MUSINGS AS I WALK OUT THE DOOR NOEL SALEH, SAFE AND FREE PROJECT STAFF ATTORNEY

s we enter into the November election campaign, the efficacy of the Safe and Free ACivil Liberties resolution campaign is clear. President Bush and Vice-President Cheney have made renewal of the Patriot Act a part of their campaign.

As significant, the U.S. Congress is rais- cause and without meaningful judicial over- inal arrest records (not convictions) as dented power to monitor people. If we ing opposite concerns. Legislation, such sight, has returned us to the days of COIN- “pubic information. These provisions have have learned anything from history we as the SAFE Act and the Civil Liberties TELPRO, Red Squad files and government nothing to do with any recommendation of must doubt that government officials Restoration Act, have been introduced to infiltration of peace groups. The extent to the 9-11 Commission and, like the USA- have either the ability or the political will restrict the more egregious provisions of the which the Justice Department is utilizing PATRIOT Act, are being swept in under the to restrain the use of such a sweeping Patriot Act and related government policies. these new powers is kept a secret. The pow- guise of “national security.” Action Alerts power. We can be successful in our chal- This is in direct response to the questions ers that Congress gave in the name of fight- have gone out from both the national and lenges, but there remains a need to con- raised by the ACLU “Safe and Free” cam- ing terrorism are being used in run of the state ACLU offices. When you get these tinue these campaigns. paign. Our chapters and members need to mill criminal investigations and abused in Alerts, it is crucial that you take the time to The ACLU’s efforts to confront and redouble our efforts at this critical period. political witch hunts. It is little wonder that respond and encourage your friends, neigh- challenge these and the myriad of other I know! I know! This is the same intro- over 350 communities, including 4 states, bors, and co-workers to do the same. Your civil liberties issues has made my last 21 duction that I wrote in my last article. I am have adopted “civil liberties” resolutions voice and your vote can make a difference. months of work amazingly rewarding. The repeating it because it remains critically calling for the return to traditional consti- TOTAL INFORMATION AWARENESS: dedication of the ACLU staff, board, mem- tutional standards. In Michigan, we have 12 true. We have an election immediately upon TIA is not “dead in the water” and while bers and branches throughout the state gave “Safe & Free” communities. We need more 11 us where civil rights and civil liberty con- Admiral Poindexter may no longer be in me inspiration and, most importantly, hope. cerns are at stake – and I won’t have the and that work will continue through our Through our collective efforts we can and branches with state office assistance. government office his vision still remains opportunity to remind you of this again. on both the federal and state levels. are making a difference. The principles con- My tenure at the ACLU of Michigan is ANTI IMMIGRANT PROFILING AND BIAS: MATRIX, an inter-state law enforcement tained in the Bill of Rights, which make up ending on October 1st. The grant dollars Following September 11th, the Arab, organization, is dedicated to combining the true American identity, can and will be secured through our joint efforts. So I want 2004 that created the ACLU of Michigan Safe & Muslim and South Asian immigrant com- state records with huge commercial to thank you all for this experience. Free Project were only guaranteed for two munities were hit with a flurry of high pro- database sets and analyzing them While my employment may be ending, ALL

years. But my departure, as staff, does not F file actions putting them under not only through a “terrorist quotient factor.” mean the end of the Safe & Free Project in my participation in the ACLU will con- government scrutiny but also identifying We have filed a lawsuit against the Michigan. It certainly doesn’t mean the tinue. I will look forward to working with these communities as “the problem” in Michigan State Police in an attempt to ACLU has, in any way, retreated from these all of you on Safe & Free Project activities national and local media. The inevitable have them comply with a Michigan law very important issues. as a proud member of the ACLU of result was a dramatic increase in hate that requires citizen oversight and review. The tragedy of September 11th contin- crimes, employment discrimination and Michigan. Have you renewed your mem- ues to reverberate even though more than 3 The national office has coordinated a bership and made your annual gift yet? isolation from the larger American society. broad scale FOIA and media campaign to years have passed. And nowhere is it more Many apologists attempted to justify these When Noel came on staff, he blended in insure that MATRIX operates in a trans- strongly felt than in its adverse effect on our actions by explaining that it was the pre- to the ACLU team with ease, bringing with parent and open fashion. Of the original core constitutional values. While the major dictable “over-reaction” to a new and per- him a vast fund of knowledge that he was 18 states who signed on to MATRIX only impact is being felt by the Arab, Muslim & ilous situation. It would abate, they said, - able and willing to share, a great sense of 5 remain. On the national level, the South Asian immigrant communities, no but it has not. We need look no further than humor, and a drive to motivate all of us and one should feel sanguine about its long term current legislation; H.R. 10, the so-called Senate’s version of the National the community. In his relatively short effect upon all of us. Let’s look at some of “9-11 Commission Recommendations Intelligence Reform Act of 2004 contains tenure here, he has traveled all over the the most egregious changes. Implementation Act.” This legislation one of the most far-reaching changes in state, speaking to hundreds, if not thou- response to the Sept. 11, 2001 terrorist sands, about the Patriot Act, the expanding USA-PATRIOT ACT: Volumes have been writ- would strike at the heart of our system of attacks. Under this proposal, counterter- power of the government, the rights of ten about the Patriot Act; but the common checks and balances by restricting the abil- rorism authorities would be granted immigrants, and the importance of the work thread is clear. This act has redefined the ity of federal courts to correct unlawful unprecedented access to law enforcement done by the ACLU. He has become a parameters of the First, Fourth, Fifth, and government action in immigration cases and commercial databases containing bil- teacher, an important member of our team, Fourteenth Amendments. The government’s through the “Great Writ” of habeas corpus. lions of records about private citizens to and a friend. Don’t think for a minute that expanded ability to surreptitiously obtain Many of the provisions are not limited to we’ll allow Noel to go too far! personal information, without probable immigrants; such as the expansion of crim- restructure the intelligence system. The proposal would give authorities unprece- N TO CELEBRATE THE FREEDOM TO READ Press columnist through a listing of recent cases, Excerpts from Rochelle Riley’s We should fear the loss of free Rochelle Riley and including that of: October 1st column: speech. radio co-host Greg • 13 protestors arrested in Detroit in TEENAGER REMINDS US TO I could only hope that the sheer Bowens as we read June 2000 for wearing Lone Ranger from books that SPEAK UP beauty of such words would remind us masks. have The read-in reminded us of the need that we in America have something that • A 16-year-old junior sent home from outraged, to fight for expression in a country other countries fight for, dream of, school in February 2003 for wearing a provoked and where the fight shouldn’t be necessary. struggle to get here to have: the T-shirt criticizing President George offended It also was a celebration of the ACLU freedom of words and the power of W. Bush. people in the itself, which embraces the ideal that speech. past. We’ll do “Congress shall make no law ... During these times of political No matter what other war we wage, it for that abridging the freedom of speech, or of tension and terror, when the that remains – and should remain – great the press, or the right of the people to Department of Homeland Security our greatest fight. Our freedom American assemble, and to petition the suggests that we watch each other more depends on it. reason: Just than ever, when challenging the federal because we government for a redress of Visit our website to read both government is labeled unpatriotic at can. grievances.” columns in their entirety. Besides hearing great words the best or treasonous at worst, it should be audience got a glimpse of ACLU work clear that we must fear more than terrorists.

The voice of freedom is in each of us

Please join us as we celebrate it at the ACLU Fund of Michigan Annual Dinner

Saturday, November 20, 2004 The Henry Ford Museum 20900 Oakwood Blvd in Dearborn, Michigan with Keynote Speaker Governor Howard Dean

and Civil Libertarian of the Year Honoree Attorney Deborah Labelle

Cocktails and silent auction 6:30 pm • Dinner and Program following Museum exhibits open for your enjoyment until midnight Please respond by November 5, 2004

Save the Dates! Sunday, April 10 – Tuesday,

April 12, 2005, Lansing Center. First-ever

17 18 19 20 ACLU of Michigan membership conference. 26 27 28 29

Keep tuned to the website for details.

CIVIL LIBERTIES Non-Profit Org. NEWSLETTER U.S. Postage 60 W. Hancock PAID Detroit, MI 48201-1342 Detroit, MI Permit No. 1078