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2004 MICHIGAN VOTER GUIDE ENCLOSED The American Civil Liberties Union of Michigan 60 W. Hancock Detroit, MI 48201-1343 (313) 578-6800 www.aclumich.org NUMBER 8 • VOLUME 2 • SUMMER 2004 RAISE YOUR VOICE. VOTE! THE ACLU OF MICHIGAN is proud to offer Term limits will affect 13 Democrats statewide elections in August, turnout is with engaged, active members, the ACLU our 2004 Primary Voters’ Guide which and 23 Republicans. This has a significant likely to drop considerably. The 13,000 of Michigan can and will have an impact you can find inside this newsletter. The effect on the primary pool: in districts members of the ACLU of Michigan can on this election. guide is based on a 10-question survey where an incumbent has been retired by make a major impact in the form the new Above all, don’t forget to vote on regarding important civil liberties issues term limits, the average party primary has legislature will take. It is vital that we August 3 between 7 AM and 8 PM and be which was sent to every candidate who more than twice as many candidates as have elected officials who will be active sure to bring a friend with you to the filed to run in the upcoming Michigan party primaries in districts where term leaders in the fight to protect freedom and polls. If you are 60 years of age or older House of Representatives election. We limits have no effect in 2004. our state’s rich constitutional heritage. or will be out of town on Election Day, hope you find it helpful. In districts that traditionally go to one We believe that Americans share a you may request an absentee ballot from This year’s primary has over 400 can- particular party, the primary election for common belief in the importance of the your city or township clerk. 1 didates vying for party nominations in the House of Representatives will be the freedoms guaranteed by the Bill of 219 races across 110 districts. The ACLU most important election this year. And Rights. Americans believe in civil liber- Voter Guide can serve as an important the participation of a small number of ties, due process, equal opportunity, and resource when you consider that thirty-six active and informed voters can have a sig- the rights of all people. Our values are the 2003 DO YOU NEED TO KNOW... 2004 Representatives, about a third of sitting nificant impact. In 2002, six seats were values of America, and our members are How you can register to vote? decided by less than 1,000 votes, and in the best ambassadors of these values. legislators who have served since 1998, Where your polling place is? 29 districts the winner had less than 60% Let your candidates know how you will lose their seats due to term limits. As How to get an absentee ballot? of the general election vote. feel about civil liberties and consider vol- UMMER a result, many of the candidates have no S We found a great new website that DECEMBER In 2002, only about 25% of registered unteering with or contributing to a candi- voting records to offer indicators of their answers these questions and more. civil liberties positions. Michigan voters participated in the pri- date who will fight to protect these Go to www.publius.org mary election. Because there are no rights. As a non-partisan organization Michigan Senate Michigan House Michigan Congressional Districts Districts Districts IN THIS ISSUE: Do Civil Liberties Resolutions Make A Difference? (Page 2) ACLU Challenges Mass Search Policy in Detroit Schools (page 7) Let’s Get To Work! (Page 3) Juvenile Life Without Parole Initiative (page 7) From the President (page 3) In Memoriam: Mildred McWilliams Jeffrey (page 7) LGBT Project Update (Page 4) From the Capitol (page 8) Empowering Students (page 5) A “Game of KKK” (page 9) Youth Activist Scholarships (page 5) SLAPP Suit Thrown Out (page 9) ACLU Settles Case on Behalf of Christian Valedictorian (page 6) At-Large Nominees for State Board of Directors (page 10) School Reverses Student’s Suspension (page 6) Celebrating a Legacy of Giving (page 11) LGBT Benefit with Nilo Cruz (page 6) Announcements (page 12) WE ARE VERY EXCITED TO WELCOME Mary Bejian to the staff as the very first CIVIL LIBERTIES RESOLUTIONS Field Organizer for the ACLU of Michigan. Mary’s major responsibilities include developing strategies to build DO MAKE A DIFFERENCE and strengthen grassroots support for civil liberties in Michigan. As one part NOEL SALEH, SAFE AND FREE PROJECT STAFF ATTORNEY of this, Mary will be working with our nine branches to help with coalition- building, community education and membership recruitment. Before joining the ACLU staff, Mary worked for nine years as the s we enter into the November Coordinator of Investigations at the Fair Housing Center of Southeastern election campaign, the efficacy of Michigan. But many of you may know the Safe and Free Civil Liberties her as the former Chair for the ACLU- A Washtenaw County Branch. Under Mary’s leadership, Ann Arbor was one resolution is clear. A major part of of the first cities to pass a civil liberties resolution regarding concerns raised President Bush and Vice-President by the Patriot Act. In addition to her many ACLU volunteer activities, Mary Cheney’s campaign has been an effort has worked on issues related to the politics of HIV/AIDS, sexual assault to renew the Patriot Act. prevention and racial profiling. Equally significant is that the U.S. In Michigan, the communities that Terrorism Task Force” to join a 20-year- Mary graduated with a B.A. in Women’s Congress is raising opposing concerns. have been involved in “Civil Liberties” old faith-based peace group–as they have Studies and Psychology from the Legislation, such as the SAFE Act and resolutions have inevitably had to address in Washington and Oregon? Do we agree University of Michigan in 1992. the Civil Liberties Restoration Act, has comments from the U.S. Attorneys with the Justice Department’s attempt to We are very fortunate to have Mary as been introduced to restrict the more offices. The major arguments faced are as obtain the names of every person who part of the ACLU team, and you can look egregious provisions of the Patriot Act follows:* attended a conference on “Women and forward to seeing her around the state. and related government policies. This is Islamic Law” as it did at the University of in direct response to the questions “No section of the PATRIOT Act Texas Law School or a peace conference 2 raised by the ACLU’s “Safe and Free” authorizes or encourages restrictions (including subpoenaing the entire mem- campaign. Our branches and individual on First Amendment rights of public bership list of one of the organizing members need to redouble our efforts at assembly or religion or Fourth groups) as it did at Drake University in this critical period. Amendment invasions of privacy.” Des Moines, Iowa? Does the FBI memo The USA-PATRIOT Act has been the In the wake of the USA-PATRIOT requesting that local police agencies 2004 topic of many debates and discussions – Act, the FBI removed its previous guide- videotape anti-war rallies to locate both in and out of legal circles. lines, and authorized surveillance of reli- “potential terrorists” really present the Significantly, the general American pub- gious activities and peace groups. While picture of American Free Speech to which UMMER lic has identified the whole panorama of the change in policy may not be strictly a we adhere? S sweeping “anti-terrorism” activities with this act. In the “Only one Court has held that public eye, mass arrests and any part of the USA-PATRIOT prolonged detentions, hold- HELP KEEP CIVIL LIBERTIES Act violates any portion of the ing American citizens Bill of Rights...” incommunicado in military AN ELECTION CONCERN! The U.S. District Court in prisons (so-called “enemy California has already ruled combatants”) and even the CONTACT: ACLU OF MICHIGAN that a portion of the act is unconstitutionally vague and Guantanamo Bay detentions SAFE & FREE PROJECT have been seen as part of the has a “chilling effect” on Free USA-PATRIOT Act. The 60 WEST HANCOCK Speech. The ACLU lawsuit, concern is so widespread DETROIT, MI 48201 pending in the federal court in that over 329 communities (313) 578-6810 Michigan, challenging Section from 39 different states, 215 of the USA-PATRIOT Act, including 4 state legisla- is grounded upon a First Staff tures, have passed “Civil OR VISIT OUR WEBSITE: Amendment challenge. It is Kary L. Moss..............................Executive Director Liberties” resolutions ques- WWW.ACLUMICH.ORG our plaintiffs’ fear that the Leslie White-Jones ..............Development Director tioning the wisdom, if not Patriot Act has caused a dra- Michael J. Steinberg ........................Legal Director the legality, of the Patriot matic decline in memberships Wendy Wagenheim.........Communications Director Act and related federal actions in the “war violation of our “reasonable expectation and donations in their mosques and has Noel Saleh ........................................Staff Attorney on terrorism.” It is this campaign that has of privacy,” it is a dramatic reversal of forced a church-sponsored refugee group Safe and Free Project made the Patriot Act an election issue. longstanding policy. The former FBI pol- to change its record-keeping practices that Jay Kaplan........................................Staff Attorney While clearly there are “legal argu- icy limiting the “monitoring” of free forms a substantial basis of our claims. LGBT Project speech and religious events was a This First Amendment “chill” is rem- Kara Jennings.....................................LGBT Fellow ments” both for and against the various provisions within the USA-PATRIOT response to FBI abuses during the era of iniscent of an earlier era when the gov- Shelli Weisberg .......................Legislative Director Act, I want to stress that the major func- Civil Rights and Vietnam War protests.