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Home , Annie Mobley, Earline Parmon, Frank Iler, Grier Martin, Hugh Blackwell, Jennifer Weiss

THE NEWSLETTER OF THE AMERICAN CIVIL LIBERTIES UNION OF

SUMMER 2010 PUBLISHED 4 TIMES PER YEAR VOLUME 43, ISSUE 3

able to find out the personal, private ACLU Intervenes in Lawsuit To Protect information their purchasing records reveal. The plaintiffs include: Jane Amazon.com Users’ Personal Information Doe 1, who purchased books on self- help and how to get a divorce and a equests by the North Carolina such sweeping collections of our per- restraining order after her former Department of Revenue sonal and private information,” said spouse developed substance abuse R (NCDOR) for detailed infor- Aden Fine, Staff Attorney with the problems and threatened to kill her; mation about Amazon customers are ACLU’s Speech, Privacy and Technol- Jane Doe 2, the general counsel of a unconstitutional because they violate ogy Project. “Disclosing the purchase global corporation, who has pur- Internet users’ rights to free speech, records of thou- chased books and anonymity, and privacy, according to sands of Amazon “[T]here is no legitimate reason movies with overt a complaint filed on June 23, 2010, customers would why government officials need to political leanings as by the American Civil Liberties violate their consti- know which North Carolina well as books that Union (ACLU), the ACLU of North tutional rights to residents are reading which may reveal her reli- Carolina Legal Foundation (ACLU- read and purchase books or purchasing which gious beliefs; Jane NCLF), and the ACLU of Washing- the lawful materials specific movies, CD’s, or other Doe 3, who has ton. On behalf of several Amazon of their choice, free purchased books customers, the ACLU intervened in from government products.” — Katy Parker, on mental health in an existing lawsuit brought by Ama- intrusion.” order to better zon to stop the NCDOR from collect- The ACLU filed ACLU-NCLF Legal Director understand the ing personally identifiable information the case on behalf conditions afflicting that could be linked to their specific of six anonymous North Carolina resi- her former spouse, including Stop purchases on Amazon.com. dents (Jane Does 1-6) and Cecil Both- Walking On Eggshells: Taking Your “The Constitution does not permit well, an elected public official, who do (Continued on page 6) government agencies to conduct not think the government should be Demonstrators Protest Policies of Wake County School Board housands of demonstrators marched from downtown Ra- T leigh to Wake County School Board headquarters on July 20, 2010, to protest the Board’s plan to end the school district’s socioeco- nomic diversity policy. The ACLU- NC has expressed concerns that the new school assignment policies be- ing considered will reverse substan- tial progress that has been made toward achieving racial, ethnic, and socioeconomic diversity in the Wake County Public School System. We and other civil rights groups also filed a lawsuit in May challeng- ing violations of the state’s Open Meetings Law. Our objections and public outcry led the Board to loosen some restrictions on public participa- tion in the decision-making process. ACLU-NCLF Challenges Constitutionality of Anti-Profanity Laws

hen Samantha Jones lina District Court dismissed Elabanjo cursed at one of the charges against Ela- W Chapel Hill police offi- banjo but found her guilty of cers this past February, she had using profane or indecent lan- no idea she would end up at the guage in a public street in a forefront of a battle over free boisterous manner in front of speech. two or more people. Ms. Ela- After saying “a--holes” and banjo and the ACLU-NCLF will “damn” in an encounter with appeal the ruling to the North police officers in downtown Carolina Superior Court. Chapel Hill, the officers arrested “The district court inter- Ms. Elabanjo for violating two preted the statute as banning North Carolina statutes banning only disorderly conduct and so- individuals from using indecent, called ‘fighting words,’ which profane, or vulgar language on might be considered threaten- public streets or in bus stations. ing speech,” said Quinn. “Not The ACLU-NCLF took Ms. Ela- only is this limitation absent banjo’s case, challenging the from the statute, the facts of constitutionality of these vague the case make it clear that anti-profanity laws. neither Ms. Elabanjo nor the “North Carolina’s anti- officers thought of her speech profanity laws ban a wide range as threatening. We look of constitutionally protected forward to challenging this speech and don’t sufficiently Pictured above, exiting the courthouse after the district court hear- decision on appeal.” ing in July: Katy Parker, ACLU-NCLF Legal Director; Samantha define what language is being Jones Elabanjo; and Matthew Quinn, Cooperating Attorney for the A hearing date for the prohibited,” said ACLU-NCLF ACLU-NCLF and lead counsel on this case. appeal has not been set. The cooperating attorney Matthew North Carolina statutes at is- effect on speech throughout North Quinn of Raleigh, who is represent- sue are N.C. Gen. Stat. §14-197 and Carolina.” ing Ms. Elabanjo. “Enforcement of §14.275.1. these laws would have a chilling On July 20, 2010, a North Caro-

ACLU-NCLF Investigates Alleged Assault on Autistic Child by Teacher

he ACLU-NCLF is working two specific incidents in May 2010 report with with Disability Rights North when she used hot sauce on Kyle for details of T Carolina (DRNC) to investi- cursing and also, in one of those inci- what oc- gate allegations by the mother of dents, for spitting. The teacher’s curred. Kyle Tefft, a six-year-old autistic boy voluntary statement indicates that However, at Polk Central Elementary in Colum- during the first incident, Kyle’s occu- Kyle’s bus, NC (Polk County), that her son pational therapist was in the room, mother is being abused in school. The as well. said that mother reported that Kyle’s teachers To defend the teacher’s use of she only were “strapping him to wooden hot sauce, the school provided a found out chairs, sitting on him, causing pain manual from 1983, which instructs about inci- Kyle Tefft by holding his arms in awkward ways teachers to put hot sauce on dents be- and putting hot sauce and vinegar in students’ lips for disciplinary and cause Kyle told her about them and his mouth, then cream on his lips so diversion strategy purposes. This she has yet to receive an official writ- they don’t burn.” Incredibly, the outdated recommendation is contrary ten incident report. The school school district does not dispute many to North Carolina law, which forbids records also indicate that no written of these allegations. any “systematic physical or sensory records of the restraints were ever Kyle told his mother that when his intervention program for modifying shared with the parents. teacher sits on him, it “makes my the behavior of a student with a dis- The ACLU-NCLF and DRNC are tummy hurt,” and the restraint proce- ability.” Both the Polk County Board working together on Kyle’s behalf in dures hurt his neck. He is afraid to of Education’s policy and North order to determine whether formal go to school. Carolina law require a school to no- legal action is necessary to ensure Voluntary statements made by tify the parents of any use of that he and other schoolchildren are the teacher and one of her assistants “aversive procedures” and to provide protected from further abuse. to the police indicate that there were the parent with a written incident

Page 2 greatly diminish the expectation of 2010 Legislative Wrap-Up privacy that we all have in our bodily integrity and the information con- he North Carolina General version of the bill included an auto- tained in our DNA. Assembly (NCGA) came back matic state-initiated expunction In the legislature, this bill was T into session on May 12, 2010, procedure that would remove the pushed by Senator Josh Stein (D- and met for almost two months, adjourning for the year on July 10th. During even-numbered years, the NCGA meets for what is commonly known as the “short session” and generally does not take up many bills other than the bill to adjust the two- year budget set in the previous year. This year was no different as legisla- tors were determined not to consider any “controversial” bills. Nonethe- less, several important bills were considered and passed by both chambers. The ACLU-NC worked on many of these changes to current law.

House Bill 1403: Collect DNA Sam- ple on Arrest

This bill mandates that law en- forcement take DNA from everyone arrested – but not convicted – for many felonies and some misde- meanors. The taking of DNA re- quires an invasive search of the indi- Sarah Preston, ACLU-NC Policy Director, testifies against HB 1403 in the House Finance Committee. vidual and gives the government access to that individual’s entire genetic blueprint. HB 1403 does profile and have the DNA destroyed Wake), Senator Dan Clodfelter (D- away with the Fourth Amendment’s if the arrestee is acquitted or if the Mecklenburg), and Representative requirement that before conducting a charges against him or her are Wil Neumann (R-Gaston). Attorney search of a person, law enforcement dropped. In addition, the final ver- General Roy Cooper and Governor must show probable cause and sion of HB 1403 prevents DNA from Beverly Perdue also aggressively obtain a search warrant. Because being taken unless an arrest warrant lobbied for passage of HB 1403. arrestees are presumed innocent is obtained or a probable cause until proven guilty, their privacy rights hearing to support the arrest occurs. House Bill 1682: Corporal Punish- should be coextensive with any other This change should help to prevent ment of Students with Disabilities individual. However, HB 1403 treats arrests made purely to obtain DNA individuals as though they are guilty since it requires that the arrest is at The ACLU-NC vigorously lobbied from the time they are arrested. The least supported by probable cause. for passage of HB 1682, along with ACLU-NC vigorously opposed this Despite the changes, HB 1403 disability rights groups and children’s bill every step of the way. represents a substantial encroach- advocates. This bill, which passed Through our opposition, we were ment into the privacy of thousands of unanimously in both the House and able to secure several changes to North Carolinians. The Fourth Senate, will help prevent children HB 1403. Instead of requiring DNA Amendment only protects us as long with disabilities from being subjected to be collected from all felony arrest- as society recognizes an expectation to corporal punishment at school. ees, the bill now includes a select list of privacy in the information the Students with disabilities were of felonies and misdemeanors for government seeks. Attorney Gen- subjected to corporal punishment in which DNA can be taken, including eral Roy Cooper estimates that this North Carolina public schools almost rape and other sex offenses, murder, new law will be used against as 300 times in 2006, according to a certain assaults, and burglary. Origi- many as 38,000 arrestees per year. report by the federal government, nally, the bill did not include any By lumping together so many North and no federal or state law bans the procedure by which arrestees could Carolinians, many of whom are inno- use of corporal punishment on ever get their electronic DNA profile cent and all of whom should be students with disabilities. HB 1682 removed from the database and the presumed innocent by our criminal allows parents to prevent their child actual sample destroyed. The final justice system, the new law will (Continued on page 4) Page 3 Legislative Wrap-Up pre-trial procedure by which a capital as a whole eventually died in defendant can show that she or he committee. had a severe mental illness or disabil- (Continued from page 3) ity, as defined in the bill, at the time Senate Bill 567: Responsible Indi- with a disability from being subjected the crime was committed. If the judge viduals List/Abuse and Neglect to corporal punishment and requires is convinced that the defendant did extensive reporting to the state have a severe mental illness, the de- SB 567 was primarily supported by Department of Public Instruction by fendant would not be eligible for the the state Department of Health and school districts still using corporal death penalty, but, if convicted, could Human Services (DHHS) which keeps punishment. Schools will now have still be imprisoned for life without the a list of people who have been found to report on the race, grade, and possibility of parole. This year, the responsible for abuse or neglect of a reason for the use of corporal punish- ACLU-NC and our allies fought to child by their local Department of ment for all children subjected to this have HB 137 returned to the House Human Services (DHS). People on form of discipline, regardless of floor for a vote because this bill would this list are not allowed to become whether the children have a disability. treat individuals with severe mental foster or adoptive parents, and the list We are already receiving reports illness or disability the same as indi- can be shared with employers at child that because of the passage of HB viduals with mental retardation. Un- care facilities. In the past, people 1682 and the administrative duties it fortunately, both the House and Sen- were placed on the list first and then places on school districts, multiple ate leadership refused to bring this bill notified that their name had been school boards have started to review up for a vote or even to allow consid- added, at which time they could peti- their corporal punishment policies. eration in committee. tion the court to have their name We are pleased to report that on July th removed. This practice was found 13 , Hoke County schools banned Senate Bill 372: Clarification of unconstitutional by the NC Court of the use of corporal punishment. HB Nuisance Abatement Laws Appeals because it did not provide an 1682 was the first restriction on cor- individual with appropriate notice or poral punishment to pass both cham- The ACLU-NC originally had no with the ability to prevent his or her bers of the General Assembly since position on this bill which clarified the name from being added to the list in 1985. circumstances under which a piece of the first place. The ACLU-NC is advocating for a property can be declared a nuisance. The ACLU-NC worked with chil- complete ban on the use of corporal However, we became concerned dren’s advocates and DHHS to punishment against any student in when a very vague provision was secure a procedure by which a person North Carolina, and passage of HB added to allow courts to enjoin indi- must be notified that they will be 1682 was a very successful begin- viduals from participating in “street added to the list and given 15 days ning to that campaign. Rep. Rick gang activity.” SB 372 included no from receipt of notice to petition a Glazier (D-Cumberland) was the pri- language to clearly explain what con- court to review the determination of mary sponsor of this bill. stitutes street gang activity or what abuse or neglect. The burden is on activities would be considered a viola- the local DHS to show that serious House Bill 137/Senate Bill 309: tion of this law. The ACLU-NC abuse or neglect likely occurred. If Capital Procedure/Severe Mental opposed its passage, raising substan- the court does find the person respon- Disability tial concerns about the impact this bill sible for committing abuse or neglect, would have on the freedom of asso- the person may still petition the court HB 137, introduced in 2009, actu- ciation and the freedom to travel. Due to have their name removed at some ally reached the House floor before to our objections, the vague provi- later date. This version of the bill, being sent back to a committee for sions regarding street gang activity which we supported, was signed by reconsideration. The bill creates a were removed from the bill. SB 372 the Governor on July 11, 2010.

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Page 4 HB 1403: Collect DNA on Arrest — Final Vote on the Compromise Between the House and Senate

HOUSE Ric Killian Andrew Brock James Langdon Harry Brown

David Lewis Verla Insko Peter Brunstetter Voting YES Jimmy Love Marvin Lucas Daniel Clodfelter (Against ACLU-NC’s Paul Luebke Charlie Dannelly position): John May Henry Michaux, Jr. Don Davis

Daniel McComas Margaret Dickson Darrell McCormick Katie Dorsett Jeff Barnhart Pat McElraft Garland Pierce Don East Marian McLawhorn William Wainwright Tony Foriest Curtis Blackwood Grey Mills James Forrester Tim Moore Larry Womble James Boles Wil Neumann Steve Goss Alice Bordsen Bill Owens Malcolm Graham R. ABSENT: Diane Parfitt Fletcher Hartsell, Jr. Shirley Randleman Martha Alexander David Hoyle Larry Brown Neal Hunt Harold Brubaker Johnathan Rhyne, Jr. Leo Daughtry Clark Jenkins Deborah Ross Robert Grady Ed Jones Pearl Burris-Floyd Efton Sager Ruth Samuelson Floyd McKissick, Jr. Mitchell Setzer Edgar Starnes Martin Nesbitt George Cleveland Tim Spear Ronnie Sutton Jean Preston Lorene Coates Russell Tucker William Purcell Nelson Cole Fred Steen Douglas Yongue James Crawford Sarah Stevens David Rouzer William Current Randy Stewart Bob Rucho NOT VOTING: Cullie Tarleton John Snow Alma Adams R.C. Soles, Jr. Bob England Joe Tolson Beverly Earle Josh Stein Alice Underhill Joe Hackney Richard Stevens Susan Fisher Edith Warren Darren Jackson A.B. Swindell Ray Warren Earl Jones Jerry Tillman Phillip Frye Nick Mackey Don Vaughan Pryor Gibson Jane Whilden Bill McGee Michael Walters Mitch Gillespie Laura Wiley W.A. Wilkins Bruce Goforth SENATE Voting NO Arthur Williams David Guice (Supported ACLU- Michael Wray NC’s position): Jim Gulley Voting YES

Chris Heagarty (Against ACLU-NC’s Voting NO Eleanor Kinnaird Dewey Hill position):

Mark Hilton (Supported ACLU-NC’s Hugh Holliman position): Charles Albertson ABSENT:

Bryan Holloway Austin Allran , Jr. Julia Boseman Julia Howard Tom Apodaca Larry Bell Debbie Clary Bob Atwater Angela Bryant W. Edward Goodall Marc Basnight Jean Farmer-Butterfield Jim Jacumin Dan Ingle Doug Berger Phil Berger Linda Johnson Stan Bingham NOT VOTING: Carolyn Justice Harris Blake Phillip Haire Larry Shaw Carolyn Justus Larry Hall Page 5 Amazon users’ privacy the government to know which books purchased – including books on the she has decided to purchase for her subjects of mental health, alcoholism, (Continued from page 1) child; Jane Doe 6, whose purchases and LGBT issues. Amazon has Life Back When Someone You Care include books with sensitive and withheld individually identifiable user About Has Borderline Personality potentially controversial subject information that could be linked back Disorder, as well as books about matters; and Cecil Bothwell, an to the individual purchases, including cancer. She has also purchased elected city official, author and names and addresses, but NCDOR books on atheism. She is not public proprietor of a publishing house who has refused to agree that it is not about her personal beliefs and doesn’t has both purchased and sold poten- entitled to such information. want others to find out; Jane Doe 4, tially controversial books on Amazon. In May, the ACLU sent a letter to who has received several politically- Bothwell is joining the lawsuit on North Carolina Secretary of Revenue charged items through Amazon from behalf of himself and his readers and Kenneth Lay, informing him that the her parents, including Obama customers, whose information has ACLU would take legal action if Zombies: How The Liberal Machine also been sought by NCDOR. NCDOR persisted in its demand for Brainwashed My Generation, by According to the lawsuit filed by constitutionally-protected information. Jason Mattera. Jane Doe 4 is a law Amazon in April in the U.S. District “The ACLU is not taking issue with student who would like to one day Court for the Western District of the Department's authority to collect work in the public sector, and she is Washington, NCDOR issued a taxes on these purchases, but there is concerned that her career prospects request to Amazon for the purchase no legitimate reason why government may be impaired if her personal and records dating back to August 2003 officials need to know which North political beliefs are disclosed; Jane of customers with a North Carolina Carolina residents are reading which Doe 5, the parent of Jane Doe 4, who shipping address as part of a tax books or purchasing which specific is a Florida resident, but whose infor- audit of Amazon. Amazon has movies, CD’s, or other products,” said mation has been caught up in already provided NCDOR with prod- Katy Parker, Legal Director for the NCDOR’s request. She does not want uct codes that reveal the exact items ACLU-NCLF.

ACLU-NC Promotes Comprehensive Sexuality Education

hrough the efforts of the ACLU- until-marriage edu- NC and our coalition partners, cation, which has T House Bill 88 (a/k/a Healthy been taught for the Youth Act) was passed and signed past 15 years. into law in 2009. This new law Although some requires all public school districts in districts were re- North Carolina to teach Reproductive sistant, most were Health and Safety Education (RHSE). willing to discuss Newly added subjects to RHSE how to implement include: condoms and all other FDA- its requirements. approved contraceptives; HIV and After meeting STD transmission facts; and sexual with Ms. Arai and assault, sexual abuse, and maintain- learning the STD/ ing healthy relationships. HIV and teen The ACLU-NC launched our pregnancy statis- Healthy Youth Campaign and hired tics that plague Reina Arai to be our Campaign Coor- North Carolina, dinator in January 2010. Over the many districts Reina Arai, the ACLU-NC’s Healthy Youth Campaign Coordinator, talks course of this seven-month campaign, requested advice with Dr. Donna Breitenstein from the NC School Health Training Center. we worked in 10 counties and 11 and resources to Disease Control and Prevention. school districts in the eastern region improve their programs. For some of The ACLU-NC is following up with of the state. Our main goal was to the more resistant districts, the the remaining two school districts. ensure that schools implemented ACLU-NC worked hand-in-hand with With the help of the Adolescent curricula that teach medically accu- local medical professionals, starting Pregnancy Prevention Campaign of rate, scientifically-based sexuality with the county health department, to North Carolina, NARAL Pro-Choice education. We established working bring medically accurate, scientific North Carolina, the North Carolina relationships with the school districts information to the schools. By the School Health Training Center, and and assessed their knowledge of the conclusion of our campaign, nine other coalition partners, the ACLU- new law. Initially, we were concerned districts were using lesson plans that NC was able to give guidance to that there could be opposition from are compliant with the law. Five of counties that may not have imple- the school districts in implementing those are using curricula that are mented the Healthy Youth Act with- anything other than abstinence-only- proven effective by the Centers for out our resources and assistance.

Page 6 Volunteers Needed!

Look for the ACLU of North Carolina at two upcoming events in September:

La Fiesta del Pueblo NC Pride Festival

Saturday, September 11th, 12:00 - 8:00 Saturday, September 25th, 10:00 - 5:00 Sunday, September 12th, 12:00 - 6:00 Duke University’s East Campus, North Carolina State Fairgrounds in Durham, NC Raleigh

If you would be willing to volunteer for a two-hour shift, staffing our table and handing out literature at either or both of these events, please call (919) 834-3466 or e-mail your name and daytime phone number to [email protected].

FREE ACLU-NC T-SHIRTS FOR VOLUNTEERS!

Job Opportunity: Office Manager

The ACLU of North Carolina seeks a knowledgeable, hard-working, friendly, detail- oriented individual committed to the preservation of Americans’ civil liberties to serve as our full-time Office Manager. The Office Manager will work out of our office in Raleigh and will be responsible for performing general management, bookkeeping, and administrative duties for the ACLU of North Carolina.

For complete list of job duties, qualifications, and application instructions, go to www.acluofnorthcarolina.org

Applications are being reviewed on a rolling basis, and the position will remain open until filled. AA/EOE By including the ACLU in your will, you can leave a legacy of liberty for generations to come.

Thousands of passionate civil libertarians have stepped forward and expressed their most cherished values by making a deeply meaningful gift to the ACLU in their estate plans.

We invite you to join this special group of ACLU supporters who have made freedom, justice, and equality their personal legacy by remembering the ACLU in your estate plans.

To learn more, or to take advantage of our estate planning resources, visit www.aclu.org/legacy or call toll-free 877-867-1025.

Page 7 Wake County contributions to advocacy or defense Chapter Updates of civil liberties. he Wake County Chapter of Mr. Dear has been the Executive Western North Carolina the ACLU invites you to attend Director of People of Faith Against T the 26th Annual W.W. Finlator the Death Penalty (PFADP) since he WNC Chapter recently Awards Dinner, on Thursday, No- 1997. Under his leadership, PFADP awarded the 2010 Evan vember 4th, at the NCSU University has spurred thousands to action on T Mahaney Champion of Civil Club, 4200 Hillsborough Street in the death penalty, garnering atten- Liberties Award to Bob Smith. His Raleigh. tion from major national and interna- powerful support of the NC Racial tional media. Justice Act and the Asheville City Mr. Kleinschmidt Council Civil Liberties Resolution was elected Mayor of mark a long career of civil liberties Chapel Hill in 2009, advocacy for Smith, who served for and is one of only five 26 years as the Executive Director of openly gay individuals Asheville-Buncombe Community elected to public office Relations Council and is a former in state history. As board member of the WNC-ACLU Executive Director of Chapter. the Fair Trial Initiative, The award was presented at the he works on behalf of Chapter’s annual meeting at the indigent defendants Asheville Friends (Quaker) Meeting facing the death pen- House. The keynote speaker was alty. He is also past PBS/NPR frequent guest commenta- president of the Boards tor, retired U.S.C. Professor Emeritus of Directors of the Dan Carter — also a former WNC- 2010 Finlator Awards Honorees: ACLU-NC and the ACLU Chapter board member — who Hon. Mark Kleinschmidt (left) and Stephen Dear (right) ACLU-NCLF. spoke to a packed house about the The congregation of history of racial injustice in the crimi- The Chapter will honor Stephen Community United Church of Christ nal justice system of the American Dear and Hon. Mark Kleinschmidt in Raleigh has a long history of social South. We welcomed the election of with the 2010 Finlator Award, given action including leadership in the two new WNC Chapter board annually to recognize outstanding integration of the state park system, members, Julie Mayfield and Connie civil rights advocacy. We will also development of low-income housing Nash. Chapter board members Bruce recognize the Community United opportunities, and ongoing commu- Elmore, Curry First, and Jim Cavener Church of Christ in Raleigh with the nity education in support of civil continue to serve on the state ACLU- Wake County Civil Liberties Award, rights. Please visit the Chapter’s NC board, along with Angelica Reza presented to an organization or website at www.wakeaclu.org for Wind, an Asheville attorney, and group of individuals for extraordinary more details. Matthew Robinson, professor at Appalachian State University in Boone. Our Chapter's Civil Liberties Reso- lution is supported by a coalition of regional groups and leaders, including City Council member Cecil Bothwell, a Mark Your Calendars and Plan to Attend the plaintiff in the ACLU lawsuit challeng- ing the government’s invasion of 26th Annual W. W. Finlator Awards Dinner Amazon customers’ privacy. We are also working on a resolution regarding Thursday, November 4, 2010 torture, rendition, indefinite detention and other government wrongdoing in NCSU University Club its "war" on terror. 4200 Hillsborough Street, Raleigh Board members will join the death penalty repeal coalition at a booth at Honoring Stephen Dear, Asheville’s Goombay Festival, where we will register voters under the Hon. Mark Kleinschmidt, and Community ACLU banner. The WNC Chapter is United Church of Christ in Raleigh also gearing up for fall events in partnership with UNC-Asheville’s www.wakeaclu.org student chapter of the ACLU.

Page 8 How You Can Support Bill of Rights Day (December 15), Human Rights Day Please Support the (December 10) and Human Rights ACLU of North Carolina Legal Week (December 10-16) Foundation By Making a Tax- by Slater E. Newman, Chair, ACLU-NC Committee on International Human Rights Deductible Contribution Today!

o commemorate Bill of Rights Day, Human Rights Friends, we need your help! We see many Day, and Human Rights Week, here are some challenges to American’s fundamental freedoms T activities we urge all ACLU members to looming in the courts, in Congress, in the halls of undertake: the North Carolina General Assembly, and in (1) Ask your Mayor, University, College or Commu- city councils, school boards, and boards of nity College President and/or Faculty and Student county commissioners across the state. As you Senate to issue a proclamation; (2) Organize a public reading of the Bill of Rights, the evaluate your budget and think about your Universal Declaration of Human Rights (UDHR), and/or charitable contributions for 2010, please put the a proclamation by a local or state official commemorat- ACLU-NCLF at the top of your list. The demand ing one of these important documents and the principles for our services has never been greater. Our for which they stand; legal program now processes anywhere from (3) Schedule one or more special events (e.g., 200-250 requests for assistance per month! speaker, debate, forum, art exhibit, play); (4) Arrange for a library display focusing on both Yes! I want to help keep the Flame of Liberty documents; burning brightly in North Carolina. Enclosed is a (5) Ask your local and campus media to give recogni- tion to the Bill of Rights and/or the UDHR. check for my tax-deductible contribution in the Our Committee can provide a copy of each docu- amount of: ment, examples of mayoral proclamations, and items $50 $100 $250 $500 Other $_____ that have appeared in our state's newspapers over the years. Please address your requests to Slater Newman Name: at [email protected]. The Bill of Rights and the Address: UDHR (original and gender-neutral language versions) are available at www.hrcnc.org. (Click on "Human City: ______, NC Zip: ______Rights Documents.") Home Phone:

Work Phone: International Human Rights Award — st E-mail: Nominations Due September 21

This Award has been presented annually since 1996 Make check payable to the by the Human Rights Coalition of North Carolina to ACLU-NC Legal Foundation which the ACLU-NC and our Wake County and Western and mail to: NC chapters belong. The nominee must be a resident of North Carolina who has made a significant contribu- ACLU-NCLF tion to international human rights. P.O. Box 28004 The Award will be presented at a dinner in Raleigh in Raleigh, NC 27611-8004 early December. Nominations must be received on or before Tuesday, September 21st, and should include For more information or to charge your the following: (1) nominee's work and activities in contribution on a credit card, contact support of international human rights; (2) impact of Development Associate Perryn Reyelts at 919- nominee's human-rights activities; (3) biographical infor- mation about the nominee including other awards that 834-3466 or [email protected]. MasterCard he or she may have received; (4) information about and Visa accepted, and we offer monthly, nominator's relationship to the nominee; and (5) sup- quarterly, and semiannual giving options to fit porting letters (up to three) and any other supporting your budget. documentation. The name, address, phone number and e-mail address of nominator and nominee should also You can also make a contribution through the be included. Nominations and inquiries should be ACLU-NCLF’s secure website at: directed to the Human Rights Coalition of North Caro- www.acluofnorthcarolina.org/?q=donate lina, c/o Joyce Scapicchio at [email protected].

Page 9 Your dues include memberships for the national ACLU, ACLU of North Carolina, and your local chapter if one exists in your region. You will also receive Liberty, the quarterly ACLU-NC newsletter, along with the national newsletter and other GUARDIANS OF FREEDOM mailings. If you have email, your name will be The ACLU is our nation’s guardian of liberty, added to our listserv upon your request. You will be working daily in courts, legislatures and able to vote in our statewide Board elections and will communities to defend and preserve the be invited to ACLU events like the Frank Porter individual rights and liberties that the Graham Awards Ceremony and the annual Constitution and laws of the United States membership meeting. Simply fill out the form below guarantee to everyone in this country. Our job is and return it in a stamped envelope. to conserve America’s original civic values and defend the rights of every man, woman and Enclosed is my/our check for: child; rich or poor; straight or gay; black or white or brown; urban or rural; American-born ____ $5 Limited Income Membership or foreign-born; able-bodied or living with a ____ $20 Basic Membership disability — every person in this country. We’re ____ $30 Joint Membership there for you! Since our founding in 1920, ____ $35 Contributing Membership* we’ve been working hard to make sure no one’s ____ $50 Joint Contributing Membership rights are taken away. ____ $75 Supporting Membership

LEGAL PROGRAM ____ $125 Sustaining Membership Our legal program has been the most successful ____ $1,000 Lifetime Membership avenue for protecting and enhancing the ____ $ Other constitutional rights and civil liberties of North Carolinians. Of the thousands of requests for *Please give this amount or more if you can assistance received each year, we litigate and provide amicus curiae assistance (friend-of-the- Make check payable to the ACLU. Please court briefs) in approx. 15-20 cases. We note that membership dues are not tax- respond to every request we receive, and in non- deductible because the ACLU engages in civil liberties matters, try to make appropriate lobbying and direct advocacy. referrals. NAME: ______LEGISLATIVE PROGRAM ADDRESS:______We provide a constant reminder to our CITY/ZIP: ______legislators that our civil liberties should not be PHONE: ______compromised by legislative jockeying and E-MAIL: ______political posturing. The ACLU-NC’s full-time lobbyist is a permanent presence at the North Would you like information regarding chapter Carolina General Assembly and influences activities in your area, if available? public policy debates and legislation that YES NO involve civil liberties issues. We invite you to visit our website to receive legislative “Action Please return this form to: Alerts.” ACLU-NC P.O. Box 28004 PUBLIC EDUCATION Raleigh, NC 27611 OUTREACH PROGRAM Phone: (919) 834-3466 Through our website, literature, speaking engagements, public forums, visits to schools and universities, press interviews and television and radio appearances, we educate North Carolinians about their rights. Only when each person is informed of his/her rights can we achieve the ideals set forth in the Constitution. Page 10 Introducing the two Boards of Directors of the ACLU of North Carolina and the ACLU of North Carolina Legal Foundation:

Carlos Mahoney John Boddie (U) Irene Godinez

President of both Boards National ACLU Board Lu Johnson (U)

Representative Dianna Wynn Catherine Klein

ACLU-NC Vice-President Seth Cohen (LF) Julie A. Lapham General Counsel Jennifer Jo Lorenz Holning Lau ACLU-NCLF Vice-President Jim Cavener (U) Molly Leight Rebecca Cerese Angelica Reza Wind Maria Magher (U) ACLU-NC Secretary Vernon Cloud Tin Nguyen Esteban Echeverria Dylan Duffey (U) Will Passo (U) ACLU-NCLF Secretary Bruce Elmore (LF)

Matthew Robinson Dan Blau Curry First Diane Rodriguez Treasurer of both Boards Risa Foster Dave Shumannfang

Jon Sasser (LF) Paul Funderburk Legal Committee Chair Alesia Vick Samantha Gellar (U)

Unless otherwise noted, Board members listed above serve on both Boards. A (U) next to a member’s name connotes membership on the Union Board only, and an (LF) connotes membership on the Legal Foundation Board only.

Liberty The Quarterly Newsletter of the ACLU of North Carolina

4 issues per year: January, March, July, and October

Working for a more progressive North Carolina. STAFF: Jennifer Rudinger, Executive Director Katherine Lewis Parker, Legal Director The ACLU-NC Legal Foundation is proud to be a Sarah Preston, Policy Director member of North Carolina Community Shares, Perryn Reyelts, Development Associate and we thank all of our members and supporters Emily-Mary Brown, Paralegal who contribute to us through regular payroll Raul Pinto, Racial Justice Fellow deductions. Payroll deduction offered by employers allows employees to make tax- INTERNS (Summer 2010): deductible contributions of $5, $10, $15 or more Jackie Azis, UNC School of Law each pay period to the organizations and Paul Smith, Columbia Law School community initiatives they want to support. It’s easy, efficient and voluntary! Contact Us: P.O. Box 28004 * Raleigh, NC 27611-8004 To learn more, go to http://www.ncshares.org/ Phone: (919) 834-3466 * Fax: (866) 511-1344 www.acluofnorthcarolina.org * E-mail: [email protected]

Page 11 Non-Profit Org. U.S. Postage PAID Raleigh, NC Permit No. 2394

P.O. Box 28004 Raleigh, NC 27611

Save the Date!

Mark your calendar now and plan to attend the

42nd Annual Frank Porter Graham Awards Ceremony

Featuring Keynote Speaker

Dr. Timothy B. Tyson,

Author of Blood Done Sign My Name

Saturday, February 12, 2011 at 5:30 p.m.

The William and Ida Friday Center for Continuing Education at UNC-Chapel Hill

Timothy B. Tyson, author of the much-acclaimed Blood Done Sign My Name and other award-winning books, is a Senior Research Scholar at the Center for Documentary Studies and Visiting Professor of American Christianity and Southern Culture at Duke University. Blood Done Sign My Name, a finalist for the National Book Critics Circle Award and winner of the Christopher Award and the North Caroliniana Book Award, was the 2005 selection of the Carolina Summer Reading Program at the University of North Carolina at Chapel Hill, assigned to all new undergraduate students. Blood Done Sign My Name was made into a movie that was released nationwide in February 2010. Tyson’s previous book Radio Free Dixie: Robert F. Williams and the Roots of Black Power (UNC Press, 1999) won the James Rawley Prize and was co-winner of the Frederick Jackson Turner Prize, both from the Organization of American Historians. He also co-edited, with David S. Cecelski, Democracy Betrayed: The Wilmington Race Riot of 1898 and Its Legacy (UNC Press, 1998), which won the 1999 Outstanding Book Award from the Gustavus Myers Center for the Study of Human Rights in North America. Tyson is a North Carolina native and a graduate of Duke (M.A. ’91, Ph.D. ’94).