AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CAL I FORNIA 2 0 0 5

BECAUSE FREEDOM CAN’T PROTECT ITSELF SUMMER

VOLUME LXIX ISSUE 3 WHAT’SAC INSIDE LUnews PAGE 3 PAGE 4 PAGE 5 PAGE 6-7 PAGE 9 ACLU Wins in Union City: Powerful Youth: Compassionate Choices: KEEPING AMERICA Victory in Deer Valley: No More Student Round-Ups Th e Summit Th at Inspired Dying On One’s Own Terms SAFE & FREE Students Win Right to Rally ACLU PRESSES FOR PATRIOT ACT REFORM: CONCERN GROWS AS HOUSE RENEWS ANTITERRORISM LAW By Kristen Jones and Julia Daniels

he ACLU of Northern California (ACLU-NC) campaigned hard this summer to keep Congress from making permanent the most Tintrusive provisions of the USA PATRIOT antiterrorism law. At press time, the PATRIOT Act appeared headed for re- Francisco and San Jose, attended by hundreds of activists. authorization, with the House voting to extend indefi nitely all Just days later, ACLU National Executive Director Anthony but two of the act’s 16 sunset provisions, proposing 10-year D. Romero spoke at a San Francisco press conference. He extensions on roving wiretaps and searches of library, medical, listed the sinister consequences of the government’s expanded and other personal records. counterterrorism powers, from the FBI’s ability to snoop into Meanwhile, the Senate unanimously passed a bill that

CONTINUED ON PAGE 7 GIGI PANDIAN would extend to four years, instead of 10 years, the pro- visions for roving wiretap and records searches. Although the bill falls far short of the key reforms needed to protect civil liberties, the ACLU commends the Senate for taking a bipartisan approach to moderating some of the PATRIOT NOVEMBER BALLOT INITIATIVE Act’s most intrusive stipulations. To kick off the reform eff ort in early June, ACLU Na- tional Legislative Communications Director, Phil Gutis, THREATENS TEEN SAFETY: conducted legislative briefi ngs and speaker trainings in San ABORTION FOES ATTEMPT TO CIRCUMVENT COURTS By Yasmin Anwar ight years after the California Supreme Court struck down For the ACLU of Northern California (ACLU-NC), which the state’s parental consent law on grounds that it violates successfully represented leading health care organizations in Ea teenager’s privacy, an initiative to amend the state Con- the decade-long battle to keep parental consent laws off the

CA stitution to require doctors to notify parents of pregnant minors books, passage of the measure would be a double whammy, before they perform an abortion is on the November ballot. jeopardizing teen safety and reproductive rights. PAID on-Profi t N on-Profi U.S. Postage Organization

Permit No. 4424 CONTINUED ON PAGE 9 San Francisco, BOARD ELECTIONS NOTICE Th e ACLU-NC Board of Directors, in accordance with chang- es adopted in 1996, have an election schedule as follows: SAVE THE DATE! Nominations for the Board of Directors will now be submit- ted by the September Board meeting; candidates and ballots will appear in the Fall issue of the ACLU News; elected board members will begin their three-year term in January. As provided by the revised ACLU-NC by-laws, the ACLU- BILL OF RIGHTS DAY NC membership is entitled to elect its 2005-2006 Board of Directors directly. Th e nominating committee is now seeking suggestions from the membership to fi ll at-large positions on SUNDAY, the Board. ACLU members may participate in the nominating process DECEMBER 11, 2005 in two ways: 1. Th ey may send suggestions for the nominating commit- at the tee’s consideration prior to the September Board meeting (September 8, 2005). Address suggestions to: Nominating San Francisco Marriott Committee, ACLU-NC, 1663 Mission Street, #460, San (4th & Mission) Francisco, CA 94103. Include your nominee’s qualifi ca- tions and how the nominee may be reached. CONTINUED ON PAGE 2

WWW.ACLUNC.ORGWELCOME TO THE ACLU NEWS. READ MORE AT WWW.ACLUNC.ORG THE ACLU FOUNDATION ANNOUNCES THE FAREWELL MILA DEGUZMAN: TWO DECADES OF SERVICE By Sharada Balachandran-Orihuela fter two decades community, and she was LEGACY with the ACLU of determined to ensure that ANorthern Califor- our work for equality and nia (ACLU-NC), Mila for justice not only re- CHALLENGE DeGuzman has stepped mained central to our mis- YOUR GIFT FOR THE FUTURE down as administrative sion, but was carried out WILL DEFEND FREEDOM TODAY director and assistant to in a way that was sensitive Executive Director Doro- to the needs of those com- thy Ehrlich to write a book munities,” Ehrlich said at a about Filipina activists. farewell gathering for De- “It was a most diffi cult Guzman. Th roughout the ACLU’s history, thousands of decision, as the ACLU- Th e ACLU-NC admin- Americans have chosen to act as stewards of our NC has been my com- istrative staff grew under constitutional heritage by including the ACLU munity and my family in DeGuzman’s watch, and she Foundation as a benefi ciary of their estate. the last two decades, but GIGI PANDIANwas recognized for bringing I’m very excited to fi nally Dorothy Ehrlich presents Mila DeGuzman with a scrapbook a more holistic approach to Now, through a generous commitment by ACLU have the opportunity to of images from DeGuzman’s 20 years at the ACLU-NC. managing the offi ce. Foundation supporter Robert W. Wilson, a bequest devote more hours to After working full time provision in your will or trust will be matched with pursuing my longtime dream,” DeGuzman said. and attending graduate school at night, DeGuzman up to $10,000 in immediate cash support to ACLU DeGuzman joined the ACLU in 1985 as a politi- earned a master of fi ne arts degree in writing from the programs. Never before has your commitment to cal activist whose work focused on gay, immigrant, and University of San Francisco. She is looking forward to us- the ACLU been able to accomplish so much. women’s rights, and continued in that vein throughout ing her storytelling skills to showcase exceptional Filipina her tenure at the organization. women activists. To request information about how your legacy “She elevated our political consciousness about wom- “One of these women is Mila DeGuzman, so let us gift can benefit the ACLU Foundation today, en, about women of color, about immigrants, youth, and hope that one of those stories will be autobiographical,” please complete the following: about the lesbian, gay, bisexual and transgender (LGBT) Ehrlich said. n

r Yes, I’d like to fi nd out how to participate in the FRONTLINE ATTORNEY RECEPTION BENEFACTORS DINNER Legacy Challenge.

Name: Address:

Phone: E-Mail:

RETURN TO: Stan Yogi, Director of Planned Giving MICHAEL WOOLSEY SUSANA MILLMAN ACLU Foundation of Northern California Joining Dorothy Ehrlich at the podium, Stephen V. Bomse, From left to right: Carina Ryan, Steve Silberstein, and 1663 Mission Street, Suite 460 ACLU-NC general counsel and senior partner with Heller Wayne Jordan celebrate the ACLU-NC’s 70th anniversary San Francisco, CA 94103 Ehrman LLP (center) encourages summer legal associates at the Benefactors Dinner held March 22. The annual Or call (415) 621-2493 x330 to support the ACLU’s LGBT rights advocacy at the Sec- event thanks ACLU-NC’s major supporters for their part- ond Annual FrontLine Summer Attorney Reception. Matt nership in our work. Guests viewed a documentary chron- Coles, Director of the Lesbian Gay Rights/HIV Aids Proj- icling the affiliate’s history and heard from Legal Director, ects, is pictured at far right. The reception was generously Alan Schlosser, about future directions. underwritten by Heller Ehrman.

BOARD ELECTIONS NOTICE CONTINUED FROM PAGE 1 2. Th ey may submit a petition of nomination with thesig- Board shall, by written ballot, elect a slate of nominees with *Th e Board of Directors of the ACLU of Northern California natures of 15 current ACLU-NC members. Petitions of each member being entitled to cast a number of votes equal to revised the By-Laws of the organization in February 1995, to nomination, which should also include the nominee’s the vacancies to be fi lled; the persons nominated by the Board change the timeline for Board election procedures. qualifi cations, must be submitted to the Board of Directors shall be those persons, equal in number to the vacancies to be by September 28, 2005 (20 days after the September board fi lled, who have received the greatest number of votes. Th e list meeting). Current ACLU members are those who have re- of nominees to be placed before the membership of the Union newed their membership during the last 12 months. Only for election shall be those persons nominated by the Board as ACLUnews current members are eligible to submit nominations, sign herein provided, together with those persons nominated by THE QUARTERLY PUBLICATION OF THE petitions of nomination, and vote. petition as hereinafter provided in Section 4. AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA. ACLU members will select Board members from the slate of candidates nominated by petition and by the nominating Article VII, Section 4: Recommendations and Nominations committee. Th e ballot will appear in the fall issue ofthe by Members of the Union. Any fi fteen or more members of Membership ($20 and up) includes a subscription to the ACLU News. the Union in good standing may themselves submit a nomina- ACLU News. For membership information call (415) 621-2493 or visit www.aclunc.org/join.html. tion to be included among those voted upon by the general REVISED ACLU-NC BY-LAWS membership by submitting a written petition to the Board not Quinn Delaney, CHAIR Article VII, Section 3: Presentation of Nominations and Ad- later than 20 days after the adoption by the Board of the slate Dorothy Ehrlich, EXECUTIVE DIRECTOR ditional Nominations. Th e fi nal report of the committee to of Board nominees. No member of the Union may sign more Erika Clark, EDITOR nominate members-at-large to the Board shall be presented than one such petition, and each such nomination shall be Yasmin Anwar, MANAGING EDITOR at the September Board meeting. Members of the Board may accompanied by a summary of qualifi cations and the written Gigi Pandian, DESIGNER AND propose additional nominations. If no additional nominations consent of the nominee. Th is provision of the By-Laws shall EDITORIAL ASSISTANT are proposed by Board members, the Board by a majority of be printed in the fi rst page of the summer issue of the ACLU those present and voting, shall adopt the nominating com- News together with an ararticleticle advising members of their rights 1663 Mission Street #460, San Francisco, CA 94103 mittee’s report. If additional nominations are proposed, the in the nominating process. n (415) 621-2493

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2 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF ACLU WINS MAJOR SETTLEMENT FOR UNION CITY STUDENTS By Stella Richardson nion City and the New Haven Unifi ed School District can no longer arbitrarily round up and search students as part of a crackdown on gang violence, according to a major settlement won by students at UUnion City’s James Logan High School. Th e federal lawsuit was brought by the ACLU of Northern Police offi cers from Union City and Fremont herded up the “ I REALLY HOPE THAT school students will also be California (ACLU-NC) on behalf of three James Logan High students and sent them into classrooms, separating them ac- given the opportunity to have students who were among cording to their race or ethnicity. Offi cers then searched, inter- MY ACTIONS WILL a parent or trusted adult pres- “ THESE NEW POLICIES nearly 60 youths, most of rogated, and photographed the students for a gang database. PREVENT MY YOUNGER ent if questioned by authorities ARE DESIGNED TO them Latino and Asian, who “Th ese new policies are designed to ensure that schools and BROTHER FROM EVER on campus. were rounded up in a police the police will respond to concerns about gang problems by fo- Moreover, Union City po- ENSURE THAT SCHOOLS “gang intervention” sweep cusing on conduct, not by erroneously labeling students based GOING THROUGH WHAT lice have agreed not to engage AND THE POLICE during the school lunch hour on their race or ethnicity or on how they dress or on who their I WENT THROUGH.” in racial profi ling on or off on Feb. 22, 2002. friends are. Th ese policies will guarantee that February 22 does campus. “We applaud both WILL RESPOND TO “I really hope that (this not happen again,” said ACLU-NC staff attorney Ann Brick. - BRIAN BENITEZ, the School District and the CONCERNS ABOUT settlement) will prevent my Among other terms, the agreement with the New Haven PLAINTIFF City for their responsiveness in GANG PROBLEMS BY younger brother from ever Unifi ed School District requires the district to destroy the adopting a set of policies that going through what I went records, including photographs, collected in the sweep, and address the concerns raised by FOCUSING ON CONDUCT, through,” said Brian Benitez, prohibits any further photographing of students for a gang this lawsuit,” said ACLU cooperating attorney Stacey Wexler NOT BY ERRONEOUSLY one of the plaintiff s. “I was database. Meanwhile, Union City must provide a sworn state- of the San Francisco law fi rm of Keker and Van Nest. LABELING STUDENTS.” questioned, searched and ment that none of the information obtained as a result of the “Th ese policies create a ‘win-win’ situation for everyone,” photographed like a criminal round-up was entered into the Cal-Gang database or into any added John Hansen, of San Francisco’s Nossaman, Guthner, - ANN BRICK, when I knew that I had not other gang-related database maintained by a law enforcement Knox & Elliott, LLP, who also co-counseled the case as an ACLU-NC STAFF done anything wrong. I knew agency. ACLU cooperating attorney. that the administrators and Also, New Haven Unifi ed school offi cials must notify par- The lawsuit, Benitez v. Montoya, was filed Jan. 30, 2003 ATTORNEY police did not have a right to ents, obtain their consent and allow them to accompany an in the U.S. District Court of the Northern District of do this.” elementary school student brought in for questioning. High California. n

ACLU QUESTIONS FBI AMONG THE ACLU’S CONCERNS ABOUT THE PRACTICES IN LODI PROBE LODI INVESTIGATION: By Amy Stulman DISCOURAGING INDIVIDUALS FROM EXERCISING THEIR RIGHT TO AN ATTORNEY. n June, the FBI arrested Pakistan-born Umer Hayat and that is home At a CAIR meeting, U.S. Attorney McGregor Scott his son Hamid Hayat in Lodi, California, on charges that to about implied that witnesses do not have the right to an Ithey lied to FBI investigators. Th e FBI claims that Hamid 2,500 Paki- attorney. In fact, while witnesses are not entitled Hayat attended a terrorist camp in Pakistan, and that his stani Ameri- to a court-appointed attorney, anyone questioned father fi nanced the trip. While an early affi davit says Hamid cans. Th e by the FBI has the right to legal counsel. Hayat was on a “jihadi mission” in the United States that agency car- would target “hospitals and large food stores,” a later one ried out an DETENTION OF AN INDIVIDUAL WITHOUT PROVID- dropped that reference, a change that strikes Hayat’s attor- overzealous ING MIRANDA WARNINGS. ney, Wazhma Mohaddidi, campaign, In at least one instance, an individual was stopped, “ WE APPRECIATE AND as “as an odd turnabout.” even photo- searched and interrogated over a three-hour period Specifi cally, the FBI graphing at- without being informed of his right to an attorney. RESPECT THE NEED OF believes Umer Hayat gave torneys from THE FBI TO CONDUCT his son $100 a month to the Lawyers’ Committee for Civil Rights (LCCR) and the FAILURE TO ALLOW ACCESS TO AN ATTORNEY. INVESTIGATIONS OF attend a jihadist camp ACLU of Northern California (ACLU-NC). Agents also at- In at least one instance, the FBI failed to notify a in Pakistan in 2003 and tended a “Know Your Rights’ event sponsored by the Council detainee that his attorney tried to contact him. POSSIBLE CRIMINAL 2004. on American-Islamic Relations (CAIR) in Stockton on June PRESSURING INDIVIDUALS TO SUBMIT TO QUESTION- ACTIVITY. HOWEVER ANY After extensive inter- 11, 2005. rogation, Hamid Hayat In response to concerns about the Lodi investigation, ING EVEN AFTER THEY ASKED FOR AN ATTORNEY. INVESTIGATION NEEDS TO volunteered to take a lie de- the ACLU-NC and LCCR have fi led a Freedom of Infor- FBI agents pressured detainees to respond to ques- BE DONE IN A WAY THAT tector test, which he failed. mation Act request seeking information showing that the tioning even after they declined to cooperate. In one case, they told a detainee he would be arrested RESPECTS INDIVIDUAL’S He eventually confessed to FBI and U.S. Attorney discouraged people from exercising attending the camp. their right to an attorney , as well as photographs taken if he even jaywalked. RIGHTS.” Spurred by Hayat’s al- of lawyers while they were conducting their fact-fi nding ADMINISTERING POLYGRAPH EXAMINATIONS IN ENGLISH leged link to a terrorist investigation. - MARK SCHLOSBERG, TO PEOPLE WHOSE FIRST LANGUAGE IS NOT ENGLISH. organization, FBI agents “We appreciate and respect the need of the FBI to con- In at least one instance, the FBI asked a detainee ACLU-NC POLICE went on to interrogate duct investigations of possible criminal activity,” said Mark to submit to a polygraph examination in English PRACTICES POLICY more than a dozen young Schlosberg, police practices policy director for the ACLU- despite that fact that he was not fluent in the Muslim men in Lodi, a NC. “However any investigation needs to be done in a way language. DIRECTOR Central Valley community that respects individual’s rights.” n

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ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF | 3 YOUTH RIGHTS SUMMIT INSPIRES FLEDGLING ACTIVISTS By Salma Habib, Junior at Clayton Valley High School (Concord, California)alifornia) t the ACLU Youth Rights conference at UC Berkeley’s MLK Stu- dent Union in April, one thing was clear: students were psyched. AMore than 600 students from around northern California gathered from various schools and diverse backgrounds to discuss topics ranging from students rights to affi rmative action and civil liberties. Students hailed from Davis, Vallejo, Oakland, San Jose, An- “I’ve helped to organize several conferences with the YAC, tioch, Concord, Elkgrove, Martinez, Union City, Santa Rosa, and I thought that this was one of the most successful ones we’ve Hayward, El Cerrito, and Albany, among other places. ever had. Th e entertainment was amazing, and the workshops GIGI PANDIAN High school students ran very smoothly. I David Cruz, formerly involved with the ACLU-NC’s in the ACLU-NC’s only heard positive Friedman Education Project in high school and now Friedman Education feedback from the a U.C. Berkeley student, speaks to the crowd. Project Youth Activist students, and overall I Committee (YAC) had think it was a fabulous on topics that are signifi cant to all our lives in very diff erent put in months of eff ort experience for every- ways, and hope I can continue working with the ACLU in to organize the event, one involved,” said these type of events,” said Monica Vesga of Northgate High with the purpose of Amanda Gelender, a School. n bringing together high senior at Castro Valley school students to High School. “ CHANGE IS POSSIBLE—IT MAY BE SMALL AND share their experiences Conference partici- and perspectives on pants said the work- INCREMENTAL, BUT IT IS POSSIBLE.” issues that aff ect their shops were truly in- - KIRAN SAVAGE-SANGWAN, AGE 17 lives, and to develop formative because they (JUNIOR, DAVIS HIGH SCHOOL, DAVIS, CA) strategies for action. GIGI PANDIAN allowed students to use Kicking off the Students gather around a Sisterz of the Underground performance. their own experiences event were electrify- to learn from one an- ing performances by other and teach. Youthspeaks poets. Youthspeaks is an organization that When the morning workshops ended, students headed for helps young people to use their voices while building lit- the Youthspeaks poetry and writing workshops and break- STUDENT HONORED FOR eracy and critical thinking. Other young speakers, such as dancing workshops by Sisterz of the Underground that were UCLA Law School Student Shaff y Moeel, discussed how off ered during the lunch break. CIVIL LIBERTIES WORK her activism during high school ignited her passion for hu- “Th e youth conference was one of the most powerful expe- By Eveline Chang man rights and immigration law. riences I’ve been a part of. Looking at the crowd as I spoke, Amanda Gelender, a recent graduate of Castro Valley Student speakers affi liated with the Friedman Education I was truly inspired to see all the people who wanted to make High School in Castro Valley, California, is one of Project YAC described the impact their activism has had in a diff erence; it was an escape from a somewhat depressing ten high school seniors in the nation to be honored their local schools and communities, to promote racial justice, world,” said Riley Evans, senior at Davis Senior High in Davis, for their commitment to civil liberties by the Na- freedom of expression, and transgender rights for students, California. tional ACLU. among other issues. Friedman Education Project YAC members have been Gelender has been a passionate and dedicated A breakdance performance by “Sisterz of the Underground,” working for quite some time to develop workshops that leader with the Friedman Education Project’s Youth an all-female hip hop collective had the audience utterly cap- would inform students about issues that do have an impact Activist Committee (YAC) of the ACLU of North- tivated, prompting students to dance. Th is energy carried into upon their lives directly or would impact them later, such ern California (ACLU-NC). Her activism extends the range of morning and afternoon workshops that brought as military recruitment and the potential implementation far beyond that program. out critical information and sparked animated discussions of the draft. Students now are able to take this information Gelender participated in the 2003 summer pro- about military recruitment and the draft, unequal education and use it in diff erent ways to promote change within their gram “Th e War on Drugs: A Field Investigation for in California, the juvenile justice system, reproductive rights, communities. and by Youth” with the Youth Activist Commit- and how to lobby political representatives. “I’m glad to know that I’ve been able to work with students tee. After the trip Gelender immediately put her knowledge to action. She rallied her peers at school and started a high school chapter of Students for a Sensible Drug policy. Later, she went on to SHARE YOUR MILITARY RECRUITMENT STORIES WITH THE ACLU testify before the California State Congress on behalf of In light of recent news reports of aggressive and sometimes abusive recruiting tactics employed by the U.S. military, the the Drug Policy Alliance to Friedman Education Project is interested in hearing about students’, parents’, and teachers’ experiences with military support a bill that would recruiters, negative or positive, throughout Northern California. halt random drug testing Please contact Friedman Project Youth Advocate Danielle Silk at (415) 621-2493 x368, with details and contact in schools. Th rough her information for follow-ups. involvement in the YAC, Gelender has organized and Below are some examples of aggressive or questionable recruiting tactics: Amanda Gelender led workshops on numerous Houston, Texax: RRecruitersecruiters thrthreatenedeatened to arrarrestest a student if he didndidn’t’t rreporteport to a rrecruitingecruiting station. Sgt. Th omas omas K eltKelt left left this this topics, from sexism to stu- message on that young man’s cell phone: “Hey Chris, this is Sgt. Kelt with the Army, man, I think we got disconnected. Okay, dent rights to the USA PATRIOT Act. I know you were on your cell probably and just had a bad connection or something like that. I know you didn’t hang up on Not only has Gelender proved to be a dedicated me. Anyway, by federal law you got an appointment with me at 2 o’clock this afternoon at Greenspoint Mall, okay? Th at’s activist, but she also cares deeply about these is- the Greenspoint Mall Army Recruiting Station at 2 o’clock. You fail to appear and we’ll have a warrant. Okay? So give me a sues and those impacted, and believes that educat- call back.” (KHOU-TV, May 11, 2005) ing her peers is a powerful means toward creating Ohio: RecruitersRecruiters in OhioOhio signed up a mentally ill man eveneven after the man’sman’s parentsparents informedinformed the recruitersrecruiters ofof his recentrecent three-three- a more just society for all. Gelender attended this week stay in a psychiatric ward. In the same New York Times article, an anonymous recruiter admits to “bending or breaking year’s ACLU Biennial Conference in New Orleans enlistment rules for months.” (New York Times, May 3, 2005) as an alternate delegate. She is continuing her ac- tivism with the ACLU this summer as an intern Denver, Colo.: A high school journalistjournalist recordedrecorded a recruitmentrecruitment offi cer instructinginstructing him howhow to falsifyfalsify a high school diplomadiploma for the Death Penalty Project, and she will attend and pass a drug test with marijuana in his system. (CBS News, May 2, 2005) Stanford University this fall. n

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4 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF COMPASSION AND CHOICE AT LIFE’S END: BILL MOVES THROUGH CALIFORNIA LEGISLATURE By Vivek Malhotra alifornia could become the second state in the nation to permit men- tally competent, terminally-ill patients with up to six months to live Cto hasten their own death, if the state approves the recently intro- duced California Compassionate Choices Act.

Assembly Bill 654’s co-authors are Assembly members Patty the case, Gonzales v. Oregon, in the next session. In previous Berg (D-Eureka) and Lloyd Levine (D-Van Nuys). Its main cases, the high court has declined to recognize a federal consti- sponsor is Compassion & Choices, a leading advocate of im- tutional right of terminally ill patients to obtain a physician’s proved palliative care and expanded options for the dying. assistance in ending their lives, but it has suggested that this is AB 654 is modeled after Oregon’s eight year-old Death a matter that should be left to each state to decide. With Dignity Act, fi rst approved by that state’s voters through A recent fi eld poll found that 70 percent of Californians a ballot initiative in 1994. Th e bill would allow terminally ill would want the option to obtain a medical prescription to end patients to request and obtain a lethal medical prescription their lives if they were battling a terminal illness. Support for from their doctors. the bill cuts across racial, eth- substantial. As the debate rages in Sacramento and else- Like Oregon’s law, the bill contains numerous safeguards to TERMINALLY ILL nic, and religious lines. where in California, the ACLU will continue to advocate protect a patient from undue infl uence or abuse. For example, PATIENTS SHOULD BE ACLU members through- in favor of the individual’s choice to end life on his or her to obtain a prescription, a patient must make both oral and out California have sent let- own terms. n written requests, which must be reviewed by at least two doc- PROVIDED THE COMFORT ters, e-mails, and postcards tors and, if necessary, a mental health professional. Th e medi- AND COMPASSION to their state representatives, cine can only be administered by the patient, not a physician, TO LIVE THEIR FINAL urging them to support the AB 654 passed two major committees in the Legis- family member, or friend. bill. “Th e ACLU believes lature to make it all the way to the Assembly fl oor. Despite opponents’ objections that the measure would lead DAYS WITH DIGNITY... that terminally ill patients After discussing the legislation with their colleagues, to euthanasia and disproportionately aff ect the uninsured, THE CALIFORNIA should be provided the com- the authors believed that the vote count on the mea- Oregon’s experience has been just the opposite. Th e Oregon fort and compassion to live sure was too close to call, and decided to wait before Health Department’s seventh annual report shows that only COMPASSIONATE their fi nal days with dignity taking it up for an offi cial vote to give some undecid- 208 patients took the lethal medication in Oregon from 1997 CHOICES ACT and peace,” wrote the three ed members more time to weigh the issue. Th e bill is to 2004. Th e three most commonly cited reasons for request- ACKNOWLEDGES ACLU California affi liates now on hold until next year. AB 651, a bill already ing the lethal prescription were loss of autonomy, a decreasing in a joint letter to ACLU sitting in the state Senate, has been amended so that ability to participate in the activities that made life enjoyable, OUR INHERENT RIGHT members. it is now identical to AB 654, and can be taken up and a loss of dignity. TO MAKE OUR OWN Meanwhile, opposition to by that house before going back to the Assembly for Not surprisingly, Oregon’s law has been challenged by the the bill, led by the Catholic a concurrence vote, but not before next year. Bush Administration, with the U.S. Supreme Court set to hear DECISIONS. Church hierarchy, has been

SACRAMENTO REPORT

By Vivek Malhotra row defeat of that bill, AB 19, Assembly Member Mark information of individuals, without their knowledge Leno (D-San Francisco) and legislative allies decided to and to whomever has access to a RFID scanner, mak- As the unforgiving summer sun bears down on Sacra- press forward with the legislation in the state Senate, ing individuals vulnerable to identity theft and track- mento, the ACLU’s legislative team enters the throes of where prospects for the bill seem brighter. Using a rela- ing. The ACLU wants to prevent a rush to use this new the 2005 legislative year. It is a critical time for bills in tively common legislative maneuver called a “gut and technology without first establishing a rational policy to the state Capitol, with the July deadline for legislation amend,” proponents took a bill that had already made protect individual privacy and security. to clear the policy committees. it over to the Senate, and amended it with the language SB 682 passed the Senate with bi-partisan support, Since the Legislature must send bills to the Gover- of AB 19. and has already passed out of the Assembly Judiciary nor’s desk for his signature or veto by early September, AB 849 now moves on to the Senate Appropriations Committee. We expect a vote by the full Assembly by your support is crucial to advance the ACLU’s efforts Committee, where it is expected to receive a warm recep- the beginning of September. to protect civil liberties. Take action at www.aclunc. tion from Committee Chair and strong marriage equality org/takeaction.html. supporter, Senator Carole Migden (D-San Francisco). REDUCING FALSE CONFESSIONS From there, it would move on to the Senate fl oor by early —Passed by the Senate and Moving in the MARRIAGE EQUALITY GAINS NEW LIFE IN THE STATE September, where it must garner at least 21 votes. If the Assembly SENATE Senate side strategy is successful, the bill would still have to return to the Assembly for a concurrence vote by that SB 171 (Alquist-D) would require electronic record- In the final days before the summer break, the Legisla- house before it could reach Governor Schwarzenegger’s ings of custodial interrogations for those accused of ture once again took up the issue of marriage equality. desk for his signature or veto in the Fall. homicides and other violent crimes since recent studies AB 849, a new vehicle for the Religious Freedom and have found high incidences of false confessions among Civil Marriage Protection Act, overcame a significant people, including death row inmates, later exonerated hurdle when it cleared the Senate Judiciary Committee PRIVACY AND RADIO FREQUENCY IDENTIFICATION by DNA and other evidence. By decreasing the likeli- July 12, on a 5-2 majority vote. Against stiff opposition —Passed by the Senate and Moving in the hood of false confessions, the bill protects the rights of from conservative religious groups, the ACLU joined Assembly both the accused and law enforcement, and brings ac- Equality California and a host of other civil rights and SB 682 (Simitian-D) would restrict the use of embed- countability and transparency to police investigations. civil liberties organizations at the legislative hearing to ded chips, called Radio Frequency Identification tags SB 171 passed the Senate with bi-partisan support, voice its strong support for the proposal. (RFIDs), in commonly-used government-issued iden- and is pending in the Assembly Appropriations Com- The bill is identical to a measure authorizing same- tity documents, including driver’s licenses, state identi- mittee, where it must pass, before moving to the floor sex marriages in California that barely failed passage on fication cards, student identification, and library cards. for a vote by the full Assembly no later than early Sep- the Assembly floor just weeks earlier. Following the nar- Through radio signals, RFIDs can transmit the private tember. n

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ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF | 5 FRESNO STUDENTS WANT ANSWERS ABOUT UNDERCOVER POLICE By Julia Daniels n Nov. 10, 2004, fi ve dozen Fresno State University students, members of the Campus Peace and Liberties Coalition (CPLC), settled down to hear a lecture on veganism by animal rights ad-

O MIKE RHODES vocate Gary Yourofsky. Little did they know then that six undercover Mark Schlosberg speaking at a Fresno State rally. police offi cers were also attending the lecture. Today, the students still don’t fully understand why Schlosberg says that police offi cers in California have the police infi ltrated their campus lecture. Th e ACLU of to be especially careful to respect citizens’ right to privacy Northern California (ACLU-NC) is on the case. and protection from government probing. “California has CALIFORNIA’S CONSTITUTIONAL Members of the co- a constitutional right to privacy. It was incorporated in to “ CALIFORNIA HAS A alition sought the help the Constitution by the voters in 1972 to prevent extreme RIGHT TO PRIVACY PROHIBITS CONSTITUTIONAL RIGHT of the ACLU-NC after government snooping.” Th e 1972 amendment to the UNREGULATED SURVEILLANCE TO PRIVACY. IT WAS getting the runaround Constitution sets California apart from other states, says from the Fresno State Schlosberg. In 1972, when Californians voted to incorporate INCORPORATED INTO University administra- While Fresno State University police claim that they sent the right to privacy into the state constitution, THE CONSTITUTION BY tion, the Fresno Sheriff ’s undercover offi cers to the lecture to protect the students, it was against the backdrop of a growing public department, and the Schlosberg argues that “if the police were going to protect concern about government intrusions into per- THE VOTERS IN 1972 Fresno State University the group, why not send uniformed offi cers and contact the sonal autonomy and liberty. The era in which TO PREVENT EXTREME police department. group to begin with?” the constitutional amendment was approved GOVERNMENT SNOOPING.” ACLU-NC Police Th e ACLU-NC has sent a Public Records Act Request was marked in many ways by unchecked law Practices Policy Direc- to the Fresno County Sheriff ’s Department and to the uni- enforcement and intelligence abuses - including - MARK SCHLOSBERG, tor Mark Schlosberg versity asking that the agencies release all documents relat- the infiltration of the civil rights and anti-war says he is hopeful that ing to the lecture. As a result of that request, the ACLU movements. When California voters approved ACLU-NC POLICE the students will get has learned that the Sheriff ’s Department sent undercover the constitutional amendment, it was to take a PRACTICES POLICY some answers. On the police “at the request of the Fresno State Chief of Police.” stand against the “proliferation of government DIRECTOR positive side, the ef- Th e students have learned that of the six undercover police snooping and data collecting [that] is threatening forts to fi nd out what offi cers present at the lecture, three were from the Fresno to destroy our traditional freedoms.” happened have spurred State University police department and three were from the the university to re-examine its policies regarding student Fresno Sheriff ’s Department. White v. Davis (1975), the first California Su- safety and privacy on Th e ACLU also fi led a preme Court case interpreting the newly-minted campus. Freedom of Information right to privacy, came just three years later and In response to pres- Act request, in hopes that arose in the university context. There, a professor sure from the ACLU- if the federal government brought suit against the police department for NC and university was involved in infi ltrat- spying and monitoring that is very similar to the students, Fresno State ing the lecture, the FOIA pervasive use of undercover officers described by University President request would shed light Public Safety Director Moll. The case involved John Welty has decided on the situation. As of allegations regarding undercover police officers to create a task force press time, the FOIA re- gathering information in classrooms and associa- this fall to explore the quest had not generated tion meetings at the University of California at school’s policy on the any response. Los Angeles. In its decision, the Supreme Court presence of law enforce- Still, the inquiry by made clear that the right to privacy prohibits ment on campus. student activists and the police surveillance of First Amendment protected Fresno State students ACLU-NC has yielded activity in the absence of reasonable suspicion of

fi rst caught wind of MIKE RHODES impressive results. In early a crime. n the undercover police Students at a Fresno State rally in favor of free speech. May, Welty wrote a let- presence at the lecture ter to Obel-Jorgensen, in during a Dec.10, 2004 which he promised that meeting with university offi cials. “Someone mentioned that “police will not conduct illegal surveillance,” and said that there were no law enforcement offi cers at the lecture and he would “convene a task force next fall to review proce- However, Schlosberg maintains that the students and the police chief said, ‘How do you know that there weren’t?’ dures related to policing issues on campus, especially with ACLU still “need the information” about the Police De- Th at was the fi rst indication that there were undercover of- a view to events sponsored by public groups and student partment’s activities. “Hopefully we’ll get it,” Schlosberg fi cers,” said Schlosberg. Th e suspicion was confi rmed at a organizations.” says. Dec. 17 meeting. Also, Welty authored a letter to the campus Chief of Th e infi ltration of the Yourofsky lecture comes on the Objecting to the undercover police presence, Fresno Police David Huerta, and director of public safety, David coattails of a privacy violation in which Peace Fresno was State students staged a hunger strike outside the univer- Moll, stating in no un- infi ltrated by a member of the Fresno Sheriff ’s Department’s sity president’s offi ce the night of April 27, the same day “ IT TOOK US GOING ON A certain terms that, “Uni- anti-terrorism unit in 2002. the ACLU-NC wrote to Welty asking that he explain the versity police should not In that incident, which was publicized in Michael university administration’s role in the undercover police HUNGER STRIKE TO GET conduct surveillance ac- Moore’s “Fahrenheit 9/11,” the true identity of agent Aaron surveillance. SOME RECOGNITION.” tivities at university events Kilner, who joined Peace Fresno as “Aaron Stokes,” was not “It took us going on a hunger strike to get some recog- unless they are required revealed until his Aug.31, 2003 death. When Peace Fresno nition,” said Ruth Obel-Jorgensen, A Fresno State student - RUTH OBEL-JORGENSEN, by law. We should always and the ACLU-NC asked the reason for the investigation and president of the CPCLC who has been leading the ef- FRESNO STATE STUDENT make the event organizer of Peace Fresno, Sheriff Richard Pierce left many questions fort to get answers from police and the university. aware that offi cers will be unanswered. “Th eir demands were that the school not spy on stu- present.” An apparent pattern of surveillance in Fresno is of con- dents and that the school give them information about Schlosberg says that the ACLU is pleased with Welty’s cern to the ACLU-NC, and has spurred an investigation by what happened,” said Schlosberg. decision to explore new school policies regarding student California Attorney General Bill Lockyer. Fresno State students hope to learn more about the privacy and campus security. “We’re basically happy with However, Schlosberg remains optimistic that the ACLU university’s policy regarding students’ right to privacy. what Welty has done on the policy front in terms of mak- and students’ negotiations will lead to greater transpar- “Is this going to be the norm now?” asked Obel-Jor- ing instructions for the police chief, the director of public ency in the police community and to a greater respect gensen. “Now we’ll never know who’s watching us?” safety and in setting up the task force.” for civilian privacy. n

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6 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF NATIONAL GUARD SPIES ON PROTESTING MOMS AND GRANDMAS By Amy Stulman hree dozen representatives from Code Pink, Gold Star Families for Peace and Raging Grannies gathered on the steps of the state Capitol to protest the Iraq War in May. Some protesters had lost Ta son or daughter in the confl ict. Th eir message: “Bring the troops home now!” Th e protest ran smoothly and concluded peacefully. No one suspected there was a fourth party attending: the Califor- nia National Guard’s Intelligence Unit. Emails obtained by the San Jose Mercury News rrevealedevealed convey violates the spirit of the First Amendment and the TO MONITOR ANTI- Th e ACLU also made that a new program in the Guard, called the Intelligence country’s long tradition of political dissent.” a formal request, under Unit, spied on the May 8 protest. In the email to Guard Th e letter recommends disbanding the Intelligence Unit WAR PROTESTS the California Public Re- Col. Jeff Davis, Col. John Moorman, chief of staff , wrote: for two reasons: Th e program is not fulfi lling its expressed SIMPLY BECAUSE OF cords Act, for all docu- “Sir, Information you wanted on Sunday’s demonstration purpose. And, even if it strictly monitored terrorist-related THE MESSAGE THE ments or correspondence at the Capitol.” Davis replied, “Th anks. Forwarding same activities, the program would seem to duplicate the tax- that pertains to the May to our Intell. folks who continue to monitor.” funded California Anti-Terrorism Information Center DEMONSTRATORS SEEK 8 demonstration and all Th eMercury reportedreported that the California NationalNational GuardGuard (CATIC), an organization whose existence is a threat TO CONVEY VIOLATES training materials that created the Intelligence Unit to track terrorist activities. It enough to civil liberties. If the Guard will not disband THE SPIRIT OF THE members of the Guard, now seems that the Guard is using “terrorism” as a guise the Intelligence Unit, the ACLU insists that the following especially the Intelli- to spy on whoever it wants. Fortunately, Californians in regulations be strictly imposed: FIRST AMENDMENT AND gence Unit, receive, as 1972 adopted an initiative protecting against government THE COUNTRY’S LONG well as those that inform monitoring and surveillance in the absence of reasonable n Prohibit the monitoring and collection of informa- on California’s constitu- suspicion of criminal activity. It was confi rmed by White v. tion on individuals and organization engaging in First TRADITION OF POLITICAL tional right to privacy. Davis, the California Supreme Court case interpreting the Amendment protected activity. DISSENT. Perhaps most disturb- state Constitution’s right to privacy. Th e National Guard’s ing about the May 8 spy- action on May 8 is a violation of White. n Prohibit dissemination of information already collected ing operation is the Guard’s explanation: “Who knows who On behalf of its more than 90,000 Californian mem- to other law enforcement agencies. could infi ltrate that type of group and try to stir something bers, the ACLU wrote to Gov. Arnold Schwarzenegger and up?” spokesman Lt. Col. Stan Zezotarski warned in reference Brigadier Gen. John Alexander about the spying incident. n Write defi nitions and guidelines that make it clear that to the protest, “After all, we live in an age of terrorism.” Th e letter said, “Th ere is nothing un-American or terror- protest activity—including protest activity involving We do, indeed, live in an age of terrorism, and what ism-related about the time-honored tradition of peaceful civil disobedience—is not terrorism. could be more terrifying than a special Guard unit threat- protest against military action. Such protests unequivo- ening the very liberties that the rest of the military is fi ght- cally are protected speech under the United States and n Regulate fi le storage and data retention to ensure regu- ing to protect: the right to peacefully assemble, the right to California Constitutions. To monitor anti-war protests lar purging of any databases and storage systems. petition our government, and the right of ordinary citizens simply because of the message the demonstrators seek to to keep their personal information to themselves? n

PATRIOT ACT STIRS CONCERN CONTINUED FROM PAGE 1 library, medical and financial records without a war- intern who participated in the sandwich board demon- rant or the suspect’s consent, to the alleged abuse of strations. terrorism suspects at Guantanamo Bay Prison and other The protests, which were covered by major me- detention facilities. dia networks and the ethnic press, took place in San “The idea that the government could be able to seize Francisco, Sacramento, Fresno and Napa, among other these records from ordinary Americans going about northern California cities. Participants paraded at the their everyday lives, without any judicial review, is what Golden Gate Bridge, Bay Bridge and Ferry Building. troubles us most,” Romero said. “You never concentrate They urged the public to ask their Congressional repre- too much power in one branch of the government. sentatives to help bring the PATRIOT Act in line with That’s the reason we have … checks and balances and the U.S. Constitution. three branches.” The groundswell in opposition to the PATRIOT Act Romero warned that the government’s definition of has been formidable. Seven states and more than 380 terrorism under the PATRIOT Act is too broad and cities and communities around the country, represent- ambiguous and could be used to quash legitimate forms JEFF MITTMAN ing more than 60 million people, have passed resolu- of protest and debate. ACLU-NC summer interns helping with the tions calling for reform of the law. California alone For these and other reasons, the ACLU and other campaign over the Fourth of July weekend. has seen the passage of 64 resolutions opposing the civil liberties and rights advocates have been pressing PATRIOT Act. n for the most egre- In response, ACLU members and allied organizations SEVEN STATES AND MORE THAN gious sections of across northern California faxed, emailed, phoned, vis- 380 CITIES AND COMMUNITIES the PATRIOT ited and wrote letters to their senators and representa- Act to sunset or tives. Opinion editorials were published and members AROUND THE COUNTRY, expire on Decem- of the public were trained to advocate for PATRIOT REPRESENTING MORE THAN ber 31, as they Act reform. 60 MILLION PEOPLE, HAVE were intended to. The campaign hit the streets during the Fourth of However, some July weekend when ACLU interns donned sandwich PASSED RESOLUTIONS CALLING members of Con- boards bearing such slogans as “My library book, The FOR REFORM OF THE LAW. gress have been Joy of Sex, is two weeks overdue,” and “I took Viagra pushing legisla- this morning.” CALIFORNIA ALONE HAS tion that would The slogans referred to the invasion of privacy that SEEN THE PASSAGE OF 64 renew and even can easily occur under the PATRIOT Act. “We’re out RESOLUTIONS OPPOSING THE expand govern- here … to inform people of the atrocity and to urge ment powers un- Congress to remember what makes our country so PATRIOT ACT. der the law. unique and great,” said Nikhil Dutta, an ACLU-NC JEFF MITTMAN

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ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF | 7 DEFENSE DEPARTMENT MUST HAND OVER TORTURE PHOTOS TO ACLU By Stella Richardson n response to an ACLU lawsuit requesting torture documents under the Freedom of Information Act, a federal judge has ordered the U.S. Defense Department to hand over 144 photographs and four movies Idepicting detainee abuse by U.S. troops at Abu Ghraib prison in Iraq. Th e order was issued on June 1 by U.S. District Judge Alvin K. Hellerstein in New York. “Th ese images may be ugly and shocking, but they depict Th e court agreed. international body to take immediate action to address the how the torture was more than the actions of a few rogue “It is indeed ironic that the government invoked the Geneva abuse and torture of prisoners in the U.S.-controlled deten- soldiers,” said Anthony D. Romero, executive director of the Conventions as a basis for withholding these photographs,” tion centers. Th e ACLU also brought the issues of racial profi l- ACLU. “Th e American public deserves to know what is being said Amrit Sing, a staff ing and the exploitation of migrant domestic workers to the done in our name. Perhaps after these and other photos are “ IT IS INDEED IRONIC THAT THE attorney at the ACLU. commission’s attention. forced into the light of day, the government will at long last “Had the government “Nearly a year after the Abu Ghraib torture and abuses appoint an outside special counsel to investigate the torture GOVERNMENT INVOKED THE genuinely adhered to came to light, serious violations of human rights continue to and abuse of detainees.” GENEVA CONVENTIONS AS its obligations under be committed in U.S. controlled detention centers around Th e most recent court order is in response to a FOIA law- A BASIS FOR WITHHOLDING these Conventions, it the globe,” said Jamil Dakwar, a senior human rights attorney suit, fi led June 2, 2004, that generated the release of more than could have prevented with the ACLU. “No country is above the law, and the United 35,000 pages of government documents on the treatment of THESE PHOTOGRAPHS. HAD the widespread abuse States should not be permitted to violate fundamental human detainees by the U.S. in Iraq, Afghanistan and Guantanamo THE GOVERNMENT GENUINELY of detainees held in its rights in the name of national security.” Bay. Th e lawsuit was fi led by the ACLU, the New York Civil custody.” Th e ACLU Th e ACLU delegation made several urgent recommenda- Liberties Union and the Center for Constitutional Rights. ADHERED TO ITS OBLIGATIONS expects redacted ver- tions to the commission including a request that the U.S. gov- On May 26, the court reviewed, in camera, eight docu- UNDER THESE CONVENTIONS, sions of the photo- ernment permit human rights experts and monitors to visit, ments containing photographs and images of detainees at Abu IT COULD HAVE PREVENTED graphs and movies to at the earliest possible date, those persons arrested, detained Ghraib and ordered the government to reprocess and redact be released in the com- or tried on grounds of alleged terrorism or other violations the photographs and movies provided by Sergeant Joseph THE WIDESPREAD ABUSE ing weeks. in Iraq, Afghanistan, the Guantanamo Bay military base and Darby to the Army’s Criminal Investigation Command. OF DETAINEES HELD IN ITS In April, the ACLU elsewhere. In addition, the delegation urged other nations to Attorneys for the government had argued that turning sent a delegation to the call upon the U.S. to take eff ective measures to prevent torture over visual evidence of abuse would violate the United State’s CUSTODY.” United Nations Com- and other cruel, inhuman, or degrading treatment of detainees obligations under the Geneva Conventions, but the ACLU - AMRIT SING, mission on Human in U.S. facilities; to ensure that all violations are thoroughly argued that obscuring the faces and identifi able features of Rights 61st meeting and impartially investigated; and to hold those offi cials who the detainees would erase any potential privacy concerns. ACLU STAFF ATTORNEY in Geneva to urge the encouraged or sanctioned such actions accountable. n

n ZadvydasZ advydas v.v. DavisDavis (2001)(2001) toldtold thethe governmentgovernment itit couldcould not indefi nitely detain an immigrant who was under fi nal ACLU CONCERNED ABOUT order of removal even if no other country would accept that person.

n Brentwood Academy v. Tennessee Secondary School Athletic O’CONNOR REPLACEMENT Association (2001) affi rmed that civil rights laws apply to By Yasmin Anwar associations regulating interscholastic sports. rom reproductive rights to expanded police powers in the war on n Lee v. Weisman (1992) continued the tradition of govern- ment neutrality toward religion, fi nding that government- terror, much is at stake in the battle over who will replace outgoing sponsored prayer is unacceptable at graduations and other Supreme Court Justice Sandra Day O’Connor, the swing vote in public school events. F n Brown v. Legal Foundation of Washington (2003) maintained numerous controversial decisions. a key source of funding for legal assistance for the poor.

President Bush has nominated appellate Judge John G. Rob- n Grutter v. Bollinger (2003) affi rmed the right of state colleges n Federal Election Commission v. Colorado Republican Federal erts, Jr., a onetime White House lawyer who has accumulated and universities to use affi rmative action in their admissions Campaign Committee (2001) upheld laws that limit politi- a slim record as a judge. However, as deputy solicitor general policies to increase educational opportunities for minorities cal party expenditures that are coordinated with a candidate in the George H.W. Bush administration, Roberts signed a and promote racial diversity on campus. and seek to evade campaign contribution limits. brief on abortion fi nancing that argued in a footnote that Roe v. Wade, which established a constitutional right to abortion, n AlaskaAlaska D Departmentepartment of E Environmentalnvironmental Conser Conservationvation v v.. EP EPAA n McConnell v. Federal Election Commission (2003) upheld should be overturned because it “fi nds no support in the text, (2004) said the Environmental Protection Agency could most of the landmark McCain-Feingold campaign fi nance structure or history of the Constitution.” step in and take action to reduce air pollution under the law, including its ban on political parties’ use of unlimited For these and other reasons, the national American Civil Clean Air Act when a state conservation agency fails to act. soft money contributions. Liberties Board is considering taking a position if it determines n Rush Prudential HMO, Inc. v. Moran (2002) upheld state n McCrearyMcCreary County v. ACLU of Kentucky (2005) upheld the that the nominee’s judicial philosophy is “fundamentally hos- laws giving people the right to a second doctor’s opinion if principle of government neutrality towards religion and ruled tile to civil liberties.” their HMOs tried to deny them treatment. unconstitutional Ten Commandments displays in several “Justice O’Connor fully earned her reputation as a centrist; courthouses. Some of the strongest language came from Justice she was a conscientious jurist and, in a number of key cases, n Planned Parenthood v. Casey (1992) brokebroke with Chief JusticeJustice Sandra Day O’Connor’s concurrence with the 5-4 majority, in stood up for individual rights and against a radically conserva- Rehnquist and other opponents of a woman’s right to choose which she said: “Th ose who would renegotiate the boundar- tive vision of the Constitution,” said Steven Shapiro, ACLU as part of a 5-4 majority in affi rming Roe v. Wade. ies between church and state must therefore answer a diffi cult Legal Director. question: Why would we trade a system that has served us so n Hunt v. Cromartie (2001) affi rmed the right of state legis- Th e national board has voted to oppose only two nominees well for one that has served others so poorly?” in its history: Justice William Rehnquist and former solicitor lators to take race into account to secure minority voting general and law professor Robert Bork. rights in redistricting. If you’re concerned about Justice O’Connor’s replacement, O’Connor has provided the fi fth vote in a number of high- n Tennessee v. Lane (2004) upheld the constitutionality of TitleTitle look for upcoming ways to take action on the national ALCU stakes cases. Th e following are key 5-4 decisions that could be II of the Americans with Disabilities Act and required that website at www.aclu.org. Also, let your Congressional repre- overturned if her replacement adheres to a conservative agenda courtrooms be physically accessible to the disabled. sentative know about your concerns. n favored by the Bush administration:

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8 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF STUDENT ACTIVISTS AT DEER VALLEY HIGH STUDENTS DEER VALLEY HIGH SCHOOL WIN RIGHT TO RALLY By Amy Stulman PATRICK EDELBACHER is no novice activist. In addi- By Stella Richardson tion to co-founding Students for Peace and Justice (SFPJ), he started the Gay Straight Alliance and hen a group of high school students return to school this fall, was president of the campus Environmental Club. He plans to attend Tacoma Community College they will be able to hold a peace rally and express their views on in Washington in the fall to study philosophy and the war in Iraq. Deer Valley High School’s Students for Peace history. W AMIR SARKESHIK is a co-founder of SFPJ and a and Justice (SFPJ) won the right to hold a rally under an agreement member of San Francisco’s Act Now to Stop War and End Racism (ANSWER). He hopes to study reached July 12 with the Antioch Unifi ed School District. Th e ACLU international relations and biology and later attend of Northern California (ACLU-NC) represented the students in their medical school. talks with the school district. DOMINIC RIPOLI, who will be a senior next year, plans to expand Students for Peace and Justice. Th e students asked permission in February to hold a rally, before the planned rally, withdrew permission for the event He says he wants to “encourage people to talk to and planned to include a folk singer, student speeches, leaf- altogether. Th e school also placed the two primary organizers each other and educate each other about their opin- lets, banners and information about the war in Iraq and other of the rally on two-day on-campus suspensions for allegedly ions.” social justice issues. Although students at Deer Valley High harassing a military recruiter at the school, starting the day commonly use the school’s sound system for campus activi- of the planned rally. BRIAN WERTER became involved in Students for Peace and Justice during his junior year due to his ties, and the school has even allowed the U.S. Patrick Edelbacher, one of the two stu- interest in politics and hopes to use his education military and radio stations to play music on dents suspended, said: “If we prohibit forum “ IF WE PROHIBIT FORUM to make a diff erence in the world. “I’m sure I’ll be campus, the principal denied the students’ and debate within our public schools, our politically active when I’m older,” he said. request. Th e principal expressed concern that AND DEBATE WITHIN democratic ideals will become meaningless. the anti-war message was disrespectful of the OUR PUBLIC SCHOOLS, In a time of war and low military recruiting ASA EDELBACHER became involved in Students for military and might off end people. numbers, students are faced with life altering Peace and Justice through his brother, Patrick. “I went “Th e U.S. Supreme Court has recognized OUR DEMOCRATIC choices and deserve the information needed to the meetings and listened and I learned a lot.” that high schools are important forums for IDEALS WILL BECOME to make educated decisions. Th at is why it JOSÉ MUÑOZ graduated from DVHS in June and free speech and political debate,” said Julia is so important that all students have the op- MEANINGLESS.” plans to attend San Jose State University in the fall. Harumi Mass, staff attorney with the ACLU- portunity to hold rallies like this.” He had planned to give a speech at the rally advo- NC. “As students prepare to participate in - PATRICK EDELBACHER, Under the agreement, the students will be cating for a nonviolent revolution based on ideas, society as adults, schools should encourage allowed to hold a peace rally during all three challenging norms, and raising consciousness. independent thought and dialogue about cur- ONE OF THE TWO lunch periods on campus in September; use rent events, even controversial ones. School STUDENTS SUSPENDED the school’s sound system for recorded music ZOHAIR JAMAL, a member of SFPJ and the Muslim administrators certainly cannot silence stu- and speeches; display banners and posters as Students Association, had planned to speak about dents because they disagree with the students’ part of the event; and distribute literature at racism and the backlash against Muslim and Arab message.” the rally. Th e students’ speeches will not be subject to any prior Americans following the Sept. 11, 2001 attacks. Al- With the assistance of the club’s advisor, the students review by the school administration. though he will be attending UC Berkeley next year, Zohair would like to come back to DVHS to attend submitted a revised plan for a rally on March 17, and the Th e school district also agreed to remove the suspensions the rally in September. principal initially agreed to allow the rally to go forward. from the students’ records and to rescind a district-wide policy However, the principal then restricted the students to a rally that requires students to get prior approval for literature they without the use of the school’s sound system, and the day pass out on school campuses. n

PARENTAL NOTIFICATION ON NEXT STATE BALLOT CONTINUED FROM PAGE 1 “Mandatory involvement laws do not is not all teenagers live in loving, support- court concluded that the consent law violates privacy and ac- transform abusive, dysfunctional families ive households. In some cases, a family tually undermines its stated goals of protecting the health and into stable and supportive ones. Th ey sim- member may even have impregnated the welfare of adolescents and family harmony. ply endanger the most vulnerable teenag- minor. With the law found to be unconstitutional, parental consent ers,” said ACLU-NC attorney Margaret Studies show that more than half of mi- advocates are now try- Crosby, lead counsel for the medical as- nors who have abortions let their parents “ THIS INITIATIVE IS ing to get around the sociations in the court fi ght. know about it. Th ose who opt not to tell courts with this initia- Th e measure, known as Proposition 73, usually have compelling reasons for doing PARTICULARLY DANGEROUS, tive to amend the Cal- would require a parent to be alerted at least so. BECAUSE IT AMENDS THE ifornia Constitution. 48 hours before a doctor could perform an Moreover, a minor who cannot talk to Th e ACLU is among abortion. However, a minor could petition either a parent or a judge may travel out CALIFORNIA CONSTITUTION, the organizations lead- a juvenile court for a waiver, which would of state to have an abortion, or have an NOT ONLY RESTRICTING ing the Campaign for be granted if the court decides she is ma- unsafe, illegal or self-induced abortion. ABORTION RIGHTS BUT Teen Safety to inform ture enough to make an abortion decision, If passed, the measure is also sure to have voters of the dangers or if it fi nds that parental notice is not “in a chilling eff ect on doctors who perform ADDING A NEW RECOGNITION of the initiative. the best interests of the minor.” abortions. OF EMBRYOS AS UNBORN While all parents Also troubling is the measure’s language “a child conceived For these and other reasons, the ACLU-NC has been chal- CHILDREN—WHICH COULD rightfully want to be but not yet born” to describe a fetus. lenging parental consent eff orts since the California law was involved in their teen- “Th is initiative is particularly dangerous, because it amends passed in 1987. HAVE FAR-REACHING agers’ lives, good fam- the California Constitution, not only restricting abortion rights Because of the ACLU case, the law never actually took ef- EFFECTS.” ily communication but adding a new recognition of embryos as unborn children— fect. Injunctions barring its enforcement were issued in the cannot be imposed by which could have far-reaching eff ects,” Crosby said. aftermath of the law’s passage as attorneys argued forcefully - MARGARET CROSBY, government. Bankrolling the measure are winemaker Don Sebastiani, that the law violates the California Constitution’s explicit right ACLU-NC STAFF ATTORNEY Th is law puts vul- Domino’s Pizza founder Tom Monaghan and San Diego news- to privacy. nerable teenagers in paper publisher James Holman, all opponents of abortion. Th e In 1992, the San Francisco Superior Court issued a perma- harm’s way, or forces measure’s supporters argue that parents have a right to know nent injunction barring the enforcement of the law, and that them to go to court. A terrifi ed, pregnant teenager doesn’t the medical issues facing their underage daughters. ruling was upheld by a state appeals court. need a judge, she needs a counselor. While opponents agree that teenagers and their parents In August 1997, the ACLU-NC scored a victory in Ameri- Vote NO on Prop 73 this November and Protect should communicate about these very sensitive issues, the fact can Academy of Pediatrics v. Lungren when the state high Teen Safety. n

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ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF | 9 SIKH INMATE SUES FOR RIGHT TO WEAR RELIGIOUS HEAD GEAR By Sharada Balachandran-Orihuela ith blatant disregard for First Amendment rights and religious freedom, Yuba County jail offi cials prevented a Sikh asylum Wseeker from wearing his religious head covering. Th e American Civil Liberties Union is now fi ling suit on behalf of this humiliated detainee against Yuba County jail offi cials as well as federal offi cials in- volved in the suspension of the detainee’s civil rights. In May, in the wake of reports of religious intolerance head only while at his bunk praying, readingreading his religiousreligious book in American-run detention centers abroad, Harpal Singh or eating. As a result, to comply with his religion’s require- Cheema, a human rights lawyer and activist seeking asylum ment that he cover his head at all times, Cheema is eff ectively in the United States, fi led a lawsuit shedding light on First confi ned to his bed. Cheema tried on his own to advocate for Immigration and Customs Enforcement (ICE), a bureau of Amendment violations here on American soil. Th e case brings greater respect for his religious rights, but his eff orts were un- the Department of Homeland Security. Th e ACLU, along to the fore troubling reports of civil liberties and civil rights successful. In response to a grievance that he fi led asserting his with its partner organizations, is naming federal immigration violations in American detention centers. right to cover his head in authorities in the suit because ICE is ultimately responsible “At a time when the world is watching how America treats its “ IT IS DEEPLY TROUBLING accordance with INS for ensuring that facilities such as Yuba County Jail where ICE detainees abroad, it is important that our government respect THAT A PERSON SEEKING detention standards, places its detainees, comply with laws governing conditions of the fundamental rights of people detained in this country,” Cheema was placed in confi nement as well as federal detention standards, which al- said Margaret Crosby, an attorney with the ACLU of North- REFUGE FROM PERSECUTION segregation for a month. low detainees to wear religious clothing such as turbans when ern California (ACLU-NC). CAN NOT ONLY BE LOCKED Th e ACLU-NC and appropriate. After being repeatedly arrested and tortured by Indian au- the ACLU Immigrants’ As an Amritdhari Sikh,Sikh, Cheema must livelive byby a strict code of thorities for his work as a political activist and human rights UP FOR YEARS ON END BUT Rights Project, in con- conduct, the Rehat Maryada, which includes the “5 K’s” or the lawyer, Cheema fl ed India and sought refuge in the United ALSO BE DEPRIVED OF THE junction with ENSAAF, 5 prescribed physical articles proclaiming one’s faith. One of States. He and his wife applied for asylum and other immigra- RELIGIOUS FREEDOM HE a non-profi t organiza- the fi ve K’s, kes or kesh, refers to uncut hair, which Amritdhari tion relief when they arrived in the United States in 1993. tion that helps victims of Sikhs must cover with a turban, known as a dastaar. Under the Th eir applications are still pending 12 years later. While await- EXPECTED IN AMERICA,” human rights abuses in rules, uncovering his head is a disrespectful and impious act ing a fi nal decision, Cheema has been detained by federal im- India, and the law fi rm that has subjected Cheema to humiliation. Th e lawsuit fi led migration authorities since 1997. After being shuffl ed among - ROBIN GOLDFADEN, of Wilson Sonsini Go- by the ACLU asks that Cheema be allowed to wear an ap- various detention centers during the course of his imprison- STAFF COUNSEL, ACLU odrich & Rosati, have propriate religious head covering in jail, making him subject ment, Cheema was transferred to Yuba County Jail, where he IMMIGRANTS RIGHTS fi led suit against county to reasonable searches. is now being held. jail offi cials and federal “It is deeply troubling that a person seeking refuge from Cheema, a devout Sikh, has been deprived of his religious PROJECT immigration authorities. persecution cannot only be locked up for years on end, but freedom at Yuba County Jail where he has endured severe Th e defendants include also be deprived of the religious freedom he expected in restrictions on his use of a religious head covering. Th e jail two county jail offi cials—the Yuba County Sheriff and the America,” said Robin Goldfaden, staff counsel with the ACLU authorities allowed him to wear a cloth garment covering his warden of Yuba County Jail—and three offi cials from U.S. Immigrants Rights Project. n

LETTERS TO THE EDITOR

Dear Editor, identification showing entry and exit stamps, that is not and manufactured to communicate with readers as far away as Your “70 Years for Justice” article was a compelling, but contained never has been the world we live in. 30 feet. one signifi cant error that requires correction. Th e statement that Ozer might have noticed that blue passports embossed in In my article, I wrote that the passive RFID tags under “Proposition 227 scrapped bilingual education” is incorrect. gold with United States of America are easily identified as one consideration by the U.S. government for inclusion in pass- While the proponents of Proposition 227 likely had that goal in passes through Passport Control. They don’t look anything like ports might actually be scanned from up to a meter, or 3 feet mind, what 227 actually did was establish “English immersion” the red ones carried by British citizens. For that matter, it is away. However, recent research by the U.S. Department of as the default mode of instruction for English learners while main- easy enough to recognize Americans. We are the large people State has revealed that the read-range of these tags could be taining—and, arguably, actually strengthening—parental choice. dressed in distinctly American style, with good haircuts. even greater than three feet. It has also been reported that Th at choice includes the option of parents placing their children in My point is not to ridicule her concern about surveillance. unauthorized readers could “eavesdrop” on data transmis- classrooms using bilingual education techniques. Over 130,000 Certainly the FBI circulating in a crowd and recording our sions from as far away as 30 feet. Unfortunately, even the California students were enrolled in such programs during the names is a realistic concern, given that drivers licenses or na- projections of an ACLU attorney sometimes end up being too 2003-04 school year. Bilingual education in California is alive tional identity cards might contain RFIDs. Such a scheme is conservative. and well and deserves our continued support and defense. currently proposed in the United Kingdom, I believe. With small and powerful readers entering the market, there Sincerely, But we must be rational when we address the privacy and is a very real danger that RFID-embedded identification doc- James Zahradka free speech implications of new technologies such as RFID. uments would be read surreptitiously as an individual walks It is difficult to imagine what risks the school officials per- through a doorway or hallway, sits on a bus or train, or stands Dear Editor, ceived that justified ID badges for their students. What is the at a political rally. It seems pretty reasonable for people to wear ID tags when they threat from a strange child being present on their campus? Fortunately, the Identity Information Protection Act of are in buildings or on campuses. I wear a badge at work. To How likely would it be? 2005 (SB 682) is moving through the California state legis- add a Radio Frequency Identification (RFID) to the badge She might have reported on these things rather than sharing lature. This bill will protect the privacy, personal safety, and does not seem to pose any threat to me. her fantasies of social control. financial security of Californians by prohibiting the inclusion The range at which an RFID tag can be read is a very Regards, of RFID tags in driver’s licenses, K-12 student identification significant variable, which was not mentioned in the article Richard Carpenter cards, medical and benefit cards, and library cards. If you are by Nicole Ozer. interested in learning more about the privacy and security I share her discomfort at the notion that my drivers license RESPONSE TO RFID LETTER implications of RFID tags in identification documents or urg- number might be obained by an unknown person while I am Dear Author, ing your legislator to support SB 682, please visit our website riding a bus, or attending a political rally. But that is a very You are absolutely correct to point out that Radio Frequency at www.aclunc.org. different situation than a school campus. Identification (RFID) tags have variable read ranges. Nicole A. Ozer As for concerns about RFID on passports, while we might While some “passive” tags have an intended read-ranges of Technology and Civil Liberties Policy Director, wish that we could travel around the world without such a few inches, other self-powered or “active” tags are expressly ACLU of Northern California

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10 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF ACLU TAKES ADVANTAGE OF AL FRANKEN’S SPOTLIGHT By Natalie Wormeli, Chairperson, ACLU Yolo County Chapter

ive from the Crest Th eater in Sacramento, California, it’s book “Kandice, you are good enough, you are smart enough, the Al Franken Show! (Applause, cheers, and whistles.) and doggone it--people like you!” LTh us began a three-hour broadcast hosted by Sacramen- Despite the unusual expense behind this tabling eff ort— to’s Talk City 1240 radio on May 11th heard on over 64 radio this was a successful outreach for our local chapter. Th e Talk stations throughout the country. Th is energy-fi lled theater City 1240 crew, from the general manager to the on-air tal- provided a unique outreach opportunity for the Yolo County ent, sincerely appreciated our support and graciously off ered chapter of the ACLU of Northern California (ACLU-NC). to record PSA’s as well as interviews on their local shows for Th e Al Franken show is a clever combination of news and any ACLU issues. Christine Craft, the host of the 4-6 p.m. entertainment. Th e show often focuses on debunking lies local show, was particularly friendly to our volunteers. We presented on other radio and television broadcasts. Th ere continue to nurture this relationship and we will remember have been many moments in the last year where Franken has our exciting fi eld trip to the Crest Th eater in Sacramento. enthusiastically exposed lies spewed by Bill O’Reilly about the Tabling at the Crest Th eater—$1,240 ACLU. In particular, the “Christmas Under Siege” series and Yolo County ACLU tee shirt—$20 the “ACLU is a terrorist organization” diatribe. Franken has Free Speech—PRICELESS n dedicated a large chunk of his time on the air following those O’Reilly broadcasts to point out the positives of the ACLU. We contacted Talk City 1240 radio to inquire about ta- Natalie Wormeli with Al Franken. bling space for this live broadcast. Th e ACLU-NC agreed that this was a good outreach opportunity and off ered to moved slowly passed our table for over an hour. We yelled, UPCOMING CHAPTER EVENTS help with the cost. We also recovered some expenses by sell- “Support the ACLU. Buy a tee shirt.” Time passed. Th en ing Yolo County ACLU tee shirts with a choice of two pithy we yelled, “Support free speech! Buy a tee shirt.” and then, SANTA CRUZ COUNTY CHAPTER quotes under our logo: the fi nal pitch: “Shut Me Up - Buy a Tee Shirt!!” Someone Summer Fundraiser and Awards Presentation replied, “How much would that cost?” Reply: “Tee shirts are Saturday, August 21, 2 p.m. “ An idea that is not dangerous is unworthy of being called $20.00!” Ultimately, we did sell many tee shirts and we gave La Feliz Room, Seymour Center, an idea at all.” out lots of action alerts and other ACLU propaganda. Many Long Marine Laboratory, Santa Cruz —Oscar Wilde ACLU members dropped by just to say they were already card- carrying and proud. MID-PENINSULA CHAPTER “ Whoever would overthrow the liberty of a nation must We gave Franken a tee shirt as well as other gifts and a card begin by subduing the freeness of speech.” explaining our appreciation to them for making the best of the Wine & Cheese & Chocolate party —Benjamin Franklin public airwaves by providing uncensored information and en- September 10, 4-8 p.m. couraging participation in this democracy. As Franken’s pub- Palo Alto Area—site not yet determined Before the broadcast began, we handed out over l50 ACLU lic persona has shifted from the Saturday Night Live sketch Contact Harry Anisgard for details: membership applications and 300 action alerts to interested characters to an entertainer providing serious information, we call (650) 856-9186 Air America listeners, hungry for information. mentioned in our note to him that despite what he might hear or email [email protected] After the broadcast, it was again time for us to push product - ACLU does not stand for “Al, Come on Lighten Up!” Fran- and information. Back out in the lobby, the book-signing line ken signed board member Kandice Richardson’s copy of his GET INVOLVED! LOCAL CHAPTER MEETINGS Local chapters are a force for change in their communities. Contact your local ACLU chapter (information below) to get involved!

B.A.R.K. (BERKELEY, ALBANY, RICHMOND, KENSINGTON) + NORTH PENINSULA (DALY CITY TO SAN CARLOS) CHAPTER Sebastopol Avenue, Santa Rosa (one block west of Santa PLUS CHAPTER MEETING: Th ird Wednesday of each month MEETING: Fourth Monday of odd-numbered months at 7:30 Rosa Avenue). Contact the Sonoma hotline for more infor- at 7 p.m. Contact Roberta Spieckerman for more informa- p.m., in the downstairs conference room at 700 Laurel Street mation: (707) 765-5005 or visit www.aclusonoma.org. tion: (510) 233-3316 or [email protected]. (off Fifth Avenue), San Mateo. Contact chapter hotline for STANISLAUS COUNTY CHAPTER MEETING: Fourth Monday MT. DIABLO CHAPTER MEETING: Regular meetings. Contact more information: (650) 579-1789. [email protected] of every month from 7 – 9:30 p.m. at the Modesto Peace/ Lee Lawrence for more information: (925) 376-9000 or PAUL ROBESON (OAKLAND) CHAPTER MEETING: Usually Life Center, 720 13th Street, Modesto. Contact Tracy Her- [email protected]. All ACLU members in central fourth Monday of each month at the Rockridge Library beck for more information: (209) 522-7149. and eastern Contra Costa County are invited to participate. (corner of Manila and College Ave.), Oakland. Contact YOLO COUNTY CHAPTER MEETING: Fourth Th ursday of every MARIN COUNTY CHAPTER MEETING: Th ird Monday of each Louise Rothman-Riemer for more information: (510) 596- month at 6:30 p.m. Contact Natalie Wormeli for meeting month at 7:30 p.m. at the West End Café, 1131 4th Street, 2580. location: (530) 756-1900. San Rafael. Contact Aref Ahmadia for more information: REDWOOD (HUMBOLDT COUNTY) CHAPTER MEETING: Th ird (415) 454-1424. Or call the Marin Chapter complaint ho- Tuesday of each month at 6 p.m. above 632 9th Street, NEW CHAPTERS ORGANIZING tline at (415) 456-0137. Arcata. Contact Greg Allen for more information: (707) CHICO AND NORTH VALLEY CHAPTER: Regular meetings. MENDOCINO COUNTY CHAPTER MEETING: Th ird Saturday 825-0826. Contact Laura Ainsworth for more information: (530) of each month. Locations rotate throughout Mendocino SAN FRANCISCO COUNTY CHAPTER MEETING: Th ird Tues- 894-6895 or email [email protected]. County. For information on next meeting, contact Jesse day of each month at 7 p.m. at 1663 Mission Street, San Jesulaitus at (707) 964-8099 or Linda Leahy at (707) 937- Francisco. Contact Dennis McNally for more information: SACRAMENTO COUNTY CHAPTER MEETING: Regular meet- 1485 or [email protected]. (415) 896-2198 or [email protected]. ings. Contact Mutahir Kazmi for more information: (916) 691-0582. MID-PENINSULA CHAPTER MEETING: First Wednesday of SAN JOAQUIN COUNTY CHAPTER MEETING: Regular meet- each month from 7- 9:30 p.m. All meetings are at confer- ings. Contact John Schick for more information: (209) SOLANO CHAPTER: Contact Bill Hatcher for more informa- ence room of Community Activities Building in Red Mor- 941-4422 or [email protected]. tion: (707) 449-0726. ton Community Park at 1400 Roosevelt Avenue, Redwood SANTA CLARA VALLEY CHAPTER MEETING: City. Contact Harry Anisgard for more information: (650) First Tuesday of CAMPUS CLUBS 856-9186. each month at 7 p.m. at 1051 Morse Street (at Newhall), San Jose. For more information contact acluscv@hotmail. BERKELEY CAMPUS ACLU: Every Wednesday from 7:30 MONTEREY COUNTY CHAPTER MEETING: Th ird Tuesday com or visit www.acluscv.org. -8:30 p.m. at 220 Wheeler Hall. For more information, of the month (Except August, December, and January) visit www.berkeleyaclu.com or contact Hiraa Khan at SANTA CRUZ COUNTY CHAPTER BOARD MEETING: Last Mon- at 7:15 p.m. at the Monterey Public Library. 625 [email protected]. Pacific Street, Monterey. Contact Elliot Ruchowitz- day of every month at 7 p.m. at 260 High Street, Santa DAVIS CAMPUS ACLU: Contact James Schwab for more in- Roberts for more information: (831) 624-1180 or visit Cruz. For more information contact aclusantacruz@yahoo. formation: (530) 756-1482 or [email protected] www.aclumontereycounty.org. To report a civil liber- com or visit www.aclusantacruz.org Santa Clara University Law: Contact Pamela Glazner for ties concern, call Monterey’s complaint line: (831) SONOMA COUNTY CHAPTER MEETING: Th ird Tuesday of more information: (408) 421-6103 or [email protected]. 622-9894 (Spanish translation available). each month, at 7 p.m. at the Peace and Justice Center, 467

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ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF | 11 ACLU FORUM ASK THE EXPERTS! PATRIOT ACT SUNSET PROVISIONS WHICH PROVISIONS OF ing a judge, and they can obtain THE PATRIOT ACT ARE any other records (Section 215) SCHEDULED TO SUNSET fter Sept. 11, 2001, Congress passed the USA and record incoming and outgo- THIS YEAR? ing telephone numbers and email About one-tenth of the PATRIOT Act under rushed circumstances, vastly ex- addresses (Sections 214 and 216) PATRIOT Act’s 150 sec- panding the government’s power to monitor Ameri- by simply certifying to a judge tions are scheduled to A that the information is needed sunset on December 31, cans. Four years later, some of the PATRIOT Act’s most for an investigation. Under these 2005, including some of circumstances, judges have no its most troubling provi- controversial provisions are scheduled to “sunset,” or ex- choice but to comply with inves- sions: Section 206, which tigators’ request for information, allows federal investigators pire at the end of the year. ACLU-NC Executive Director making judicial approval nothing to use “John Doe” roving Dorothy Ehrlich answers questions about the debate over more than a bureaucratic nicety. wiretaps, linked neither to a particular telephone nor the sunset provisions and what the federal government’s SHOULDN’T INVESTIGATORS a specifi cally named sus- HAVE ALL THE TOOLS THEY NEED pect; Section 215, which growing investigative powers mean for our civil liberties. TO FIGHT TERRORISM? enables the FBI to seize any Th e ACLU and other civil lib- “tangible thing” from any erties advocates support many entity, needing only judicial aspects of the PATRIOT Act. rubberstamp approval to proceed; Section 218, which per- Mayfi eld, the Portland lawyer whose house was secretly However, we believe that national security eff orts are mits criminal investigators to cut corners in investigations ransacked under Section 218 of the PATRIOT Act in an strengthened when they respect the U.S. Constitution and in which foreign intelligence gathering is involved as a “sig- unsuccessful attempt to turn up connections to the Madrid traditional American values. PATRIOT Act reform can nifi cant purpose”; and others. subway bombings. Take, for example, Tariq Ramadan, the result in legislation that Th ese aren’t the only provisions of the PATRIOT Act Notre Dame scholar whose visa was revoked under Sec- PROPOSED LEGISLATION is targeted and eff ective, that threaten our rights as Americans. Th e act contains tion 411 because authorities took issue with his political COULD DO MUCH MORE instead of statutes that permanent sections giving the government the power to speeches and writings; or Sami al-Hussayen, the University expand investigative au- detain non-citizen terrorist of Idaho graduate student who was prosecuted under Sec- THAN MAKE THE SUNSET thority needlessly at the suspects for seven days without tion 805 because his webpage included the same links to PROVISIONS PERMANENT; expense of our liberty. charges (Section 412), classify Islamist pages found on the BBC website. To that end, the ACLU civilly disobedient protesters as As for Section 215, the American Library Association in IT COULD GIVE DRASTIC has endorsed the bipartisan “domestic terrorists” (Section June found at least 200 instances since late 2001 in which NEW POWERS TO THE 2005 SAFE Act, a bill that 802), search and seize private police targeted libraries in a hunt for information.. Because FBI AND FEDERAL would restore some of the property without notifying the Section 215 makes it illegal for anyone involved in a search checks and balances erased owners for months (Section to make it public, there was no way the ALA study could INVESTIGATORS. by the PATRIOT Act 213), and seize some classes determine if the actions were Patriot Act-approved. while preserving the inves- Dorothy Ehrlich of sensitive records without tigative powers that the government has requested. Legislation judicial review or individual CAN THE GOVERNMENT INVESTIGATE ME IF I’M NOT A like the SAFE Act shows that we can be both safe and free. suspicion of wrongdoing (Section 505) Th e provisions of TERRORIST? the PATRIOT Act that are slated to sunset include only Yes. One of the most troubling aspects of the PATRIOT HOW CAN I GET INVOLVED? a fraction of the new powers that chip away at our civil Act is that its powers allow investigators to target anyone, Visit our website at www.aclunc.org to learn hohoww yyouou can liberties. without suspicion of wrongdoing and without letting tar- help keep American Safe and Free. Your elected offi cials, Incredibly, Congress is considering extending these gets know they’re being watched. Senators Dianne Feinstein and Barbara Boxer, and your provisions indefi nitely. Legislation that would make the Section 215, the “library records provision,” allows the U.S. Representative must hear from you. Your letters make sunset provisions permanent is currently under review in FBI to demand materials or records from any organization an enormous diff erence when Congress decides how to the Congress. or institution without demonstrating a link between the vote on legislation. Host a house party and invite friends request and a particular terrorist suspect. Under section to join you to write to your representatives in Congress. IS THAT ALL CONGRESS IS CONSIDERING—KEEPING THE 215, the Bureau can spy on anyone who has checked out a And please take a moment to email us copies of correspon- ACT AS IT IS? book, made a purchase at a store, or attended a meeting of dence you send at [email protected], as well as any No. Proposed legislation could do much more than make a group that the government fi nds suspicious. Section 505 response you receive. With your help, we can protect our the sunset provisions permanent; it could give drastic new likewise eliminates the standard of individual suspicion, civil liberties. n powers to the FBI and federal investigators. Th ese powers allowing the FBI to unilaterally demand the fi nancial and include “administrative subpoena” authority, which would communications records of ordinary, innocent Americans. enable the FBI to unilaterally demand any records or ma- Meanwhile, Section 206, the roving wiretap provision, ACLU FORUM terials related to a terrorism investigation; and mail cover allows investigators to record telephone conversations authority, under which the FBI could track the recipients without fi rst ensuring that they are hearing actual terror- Th e ACLU Forum is the place where you, our readers and senders of all mail passing through a particular address. ist suspects; Section 212 permits Internet Service Providers and members, can ask questions of our experts and share Both new powers would carry automatic and permanent to turn over emails related to an imminent crime without your comments with us. In each isue, we will focus on one or two specifi c topics. gag orders; neither power would require even the peripheral making sure that other emails are not disclosed, as well. involvement of a judge, removing checks that have limited Only rarely do these provisions require the ultimate no- WE WANT TO HEAR FROM YOU! investigative power for more than 200 years. tifi cation of those spied upon. More commonly, investiga- tors must admit that they’ve conducted surveillance only if For the fall 2005 issue, BUT I DON’T HEAR MUCH ABOUT ABUSE OF THE PATRIOT they plan to use surveillance evidence in a trial – meaning please send us questions about: ACT. IF IT ISN’T BROKEN, WHY FIX IT? that those accused of crimes actually have more of a right Border Vigilanties a.k.a. Minutemen Administration offi cials often claim that the PATRIOT to know that they’ve been watched than wholly innocent Act has never been abused, but their claims rely upon a Americans. We also encourage you to send letters to the editor secretive policy of non-disclosure that keeps abuses hid- on any of the subjects we cover, though we cannot den from view. Many of the most invasive PATRIOT Act DON’T INVESTIGATORS NEED APPROVAL FROM A JUDGE print every letter or answer every question. powers are exercised covertly under the auspices of a secret BEFORE THEY CAN USE THESE POWERS? Letters should not exceed 200 words. foreign intelligence court, and gag orders prevent those Many PATRIOT Act provisions treat judges merely as rub- compelled to assist investigations from revealing that they ber stamps; some leave judges out entirely. Investigators can Send your questions and comments to ever took place. demand fi nancial, Internet, credit, and telephone records [email protected] or Despite this cloak of secrecy, instances of abuse do (Section 215) and obtain email records and content from Letter to the Editor, 1663 Mission Street #460, occasionally come to light. Th ere is the case of Brandon Internet Service Providers (Section 212) without fi rst ask- San Francisco, CA 94103.

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12 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF