vol. 66, no. 1

The War on - Liberties

BY RACHEL SWAIN

COMMUNICATIONS DIRECTOR

en Congress passed the USA-

PATRIOT Act on October. 26, civil

libertarians wondered whether

the September 11th backlash had reached

its zenith.

In short order we learned that worse

was yet to come.

The sweeping legislation passed by

Congress in response to the tragic attacks

now pales in comparison to the draconian

agenda pursued by the Bush Administration. 0x00B0

In moves that usurp the traditional powers

of Congress and the courts, the

Administration has seized extraordinary

powers for the executive branch and creat-

ed an alternative justice system with

which to wage its war on terrorism.

"No one questions the government's

right - indeed its responsibility - to con-

duct a thorough and complete investiga-

tion," said ACLU Legal Director Steven R.

Shapiro. "From the beginning, however,

this. Administration has conducted an

investigation designed to minimize any

outside scrutiny of its actions and frustrate

the system of checks and balances."

To date, the Department of Justice

(DOJ) has detained over 1,200 people in

connection with its investigation, the vast

majority of whom have been charged with

minor visa violations. The government has

kept a shroud of secrecy over the deten-

tions, refusing to respond to requests for

information by the ACLU and other groups,

despite undisputed reports that only 27

detainees have any ties to the attacks. "It is

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Can We Be Both Safe and Free?

ACLU

This headline opened the ACLU's "American Roundtable" advertorial in the New Yorker

in December. See page 3 for details.

a system," says ACLU-NC Executive

Director Dorothy Ehrlich, "where people

actually disappear."

The ACLU and 15 other organizations

filed the first lawsuit regarding the mass

detentions on December 5, demanding the

release of essential information under the

Freedom oi Information Act.

TRESPASSING ON THE CONSTITUTION

Attorney General John Ashcroft has tres-

passed all too frequently on the edges of the

Constitution. Arguing that plans for future

attacks could leak from jail cells to terror-

ist cells, on October 31 Ashcroft invoked

ARTISTS AS ACTIVISTS:

Rights Day Celebration Honors Ossie Davis and Ruby Dee

|

BY ELAINE ELINSON

PUBLIC INFORMATION CONSULTANT

and I can't imagine struggle with-

out being knee-deep in the middle

of it." With these thundering words actor

Ossie Davis summed up six decades of

artistry and activism. Davis, along with

Ruby Dee, his wife, was

honored with the 2001

Earl Warren Civil

Liberties Award at the

ACLU-NC Bill of Rights

Day celebration on |

December 16.

The celebration,

which drew 1,000 ACLU

supporters tothe Argent |

Hotel in San Francisco,

also featured a tribute

to the first decade of the

Howard A. Friedman

First Amendment Edu-

cation Project (see page

6), exhilarating perfor-

mances by the Taco

Shop Poets and the San

Francisco Mime Troupe

and a State of the Union

address by Executive

66 ] can't imagine art without struggle

Director Dorothy Ehrlich, who spoke of the

extraordinary challenges facing the ACLU

in the wake of the September 11 crisis (for

excerpts from Ehrlich's speech, see page 2).

Author, activist and U.C. Santa Cruz

professor Angela Davis presented the Earl

Warren Award to Davis and Dee. "They

have been associated with literally every

progressive movement for justice and

Ossie Davis watches as Ruby Dee performs her moving poem,

Dream Droppers.

|

"emergency authority' to permit eaves-

dropping on conversations between

detainees and their attorneys if he deter-

mines there is "reasonable suspicion" that

their communications "may" be used to fur-

ther acts of terrorism. Denouncing this as

an "unprecedented frontal assault on the

attorney-client privilege and the right to

counsel guaranteed by the Constitution,"

the ACLU and 18 organizations called on

the Attorney General to rescind his order.

On November 9, Ashcroft issued a

directive to the FBI and law enforcement -

to conduct "voluntary" interviews of 5,000

men aged 18 to 33 who entered the U.S. on

peace for at least the last fifty years," Davis

said. "How auspicious it is for us to gather

at this time when civil liberties are under

attack, to honor these two people. Never

have we had to worry that Ossie and Ruby

would be frightened away.from anything!"

Ruby Dee and: Ossie Davis met in 1946

when they performed in the American

Negro Theater production of "Jeb," a play

about a black soldier returning from World

War II to face racism in the United States, a

drama that mirrored Davis' life at the time. (c)

Their film debuts came soon afterward

-with Sidney Poitier in "No Way Out," fol-

lowed by lead roles on Broadway in "Raisin

in the Sun.", But they risked their careers

by resisting McCarthyism. . Targeted for

being active in the Emergency Civil

Liberties Committee and the National

Committee to Abolish the House Un-

American Activities Committee, they were

branded "Racial Agitators and Communist-.

Fronters." `They once eluded government

agents by hiding in a costume hamper fol-

lowing a performance of Chekhov's "The

Cherry Orchard."

Undaunted, they remained on the fore-

front of the fight for social justice. They

spoke out against the Vietnam War, nuclear

testing and apartheid. They served as MCs

for the 1968 Civil Rights March on

Non-Profit

Organization

USS Postage

PAID

Permit No. 4424

San Francisco, CA

non-immigrant visas from specific coun-

tries in the last two years. Characterizing

the roundup as "inherently coercive" and

unconstitutional, ACLU affiliates and com-

munity groups around the nation moved

swiftly to launch hotlines, offer assistance

to interviewees, and urge local police not

to take part in the discriminatory dragnet.

"The trust between U.S. government,

including law enforcement agencies, and

the Arab community has been eroded over

the past few weeks by denial of due

process, by revoking of attorney-client

privileges, by arbitrary and extended

detentions, and by casting the investiga-

tive net so broadly as to implicate thou-

sands of innocent people," said Khalil E.

Jahshan, Vice President of the Arab-

American Anti-Discrimination Committee.

Citing concerns about racial profiling and

community relations, police departments

from San Jose, California to Austin, Texas (c)

refused to assist federal agents.

ven the dragnet was not enough. In an

ominous reminder of government abuses

during the eras of McCarthyism and COIN-

TELPRO, the Administration announced its

intent to spy on religious institutions and

political groups, rolling back restrictions to

pre-Watergate days.

MILITARY TRIBUNALS

Perhaps the coup de grace was President

Bush's executive order permitting non-citi-

zens suspected of terrorism to be tried in

military tribunals. Conducted in secret

before a panel of military officers, the tri-

bunals could convict and execute people on

Continued on page 3

Angela Davis introduces Ossie Davis and

Ruby Dee, recipients of the Earl Warren

Civil Liberties Award.

Washington. Davis delivered eulogies at

the funerals of both Martin Luther King, Jr.

and Malcolm X, and in 1999 visited Mumia |

Abu Jamal on death row.

Continued on page 6

The State of the Union

BY DoroTHY EHRLICH

EXECUTIVE DIRECTOR

This is an abbreviated version of -

Dorothy Ehrlich''s remarks at Bill of Rights

Day, December 16, 2001.

ne year ago, in December 2000, when

we celebrated Bill of Rights Day it |

seemed that we were living in the |

most dramatic moment in history. We could

barely pull ourselves away from the televi-

sion screen and the latest news on who was _

going to be the 48rd President of the United

States. John Ashcroft had just lost his

Senate seat - to an opponent who had died.

We knew that the outcome of the elec-

tion would have a significant impact, both in

terms of the Supreme Court's prestige and

the right of the people to elect their

President. And of course, even as a non-par-

tisan organization, we were deeply con-

cerned about the future of civil liberties

under a Bush Administration..

Those worries were realized just days

"Today we face threats

that are more complex,

more sweeping, and

_ perhaps more

permanent than any

that galvanized us in

the past."

as a battle over government-funded religion.

One year later, to be dealing with those

issues alone seems almost nostalgic. For at

the end of 2000 we could not have imag-

ined the tragic events of September 11 -

and how the understandable fear that that

day provoked would be turned into an-

agenda: an agenda ostensibly designed to

make us safer, but which, instead has pre-

cipitated an abandonment of the rights and

liberties that distinguish us as Americans.

At the time of the Palmer Raids in the

Cartoon By Tom Meyer 1009/2001, San Francisco Chronicle

later when the Court selected a President.

They were compounded weeks later with

the confirmation of John Ashcroft as

Attorney General. Now we had a specific

agenda to fear: we had an aggressive fight

for reproductive rights on our hands, as well

1920s, an editorial in the New York Times

dismissed the ACLU as a "little group of

malcontents, an unimportant and minute

minority, in contrast to the good citizens

who willingly submit to infringements on

_ civil liberties in wartime."

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Staff Changes at the

ACLU-NC

he last few months have

[Te a period of change

at ACLU-NC, as we wave

farewell to old friends, wel-

come new staff and board

members, and see some famil-

iar faces move into new roles.

Jayashri Srikantiah has

joined the affiliate as Staff

Attorney after three years at

the ACLU Immigrant Rights

Federal Magistrate Judge this

fall.

Rachel Swain accepted the

position of

Communications on September

12, recognizing in the wake of

the attacks, she says, that "the

ACLU is destined to be on the

frontlines of some major battles

in years to come." Swain, who

worked most recently as an

Director of -

Project, where her work includ- Staff Eee Jayashri independent consultant, was

ed serving as a lead attorney on Srikantiah previously a senior manager at

the high profile immigrant trafficking case public relations firm Communication Works

United States v. Reddy. Before joining the | (now Fenton Communications West),

ACLU staff, Srikantiah, who received her JD | where she managed campaigns on some

from. New York University core ACLU issues, including

School of Law, worked as an juvenile justice, drug policy

associate at Howard, Rice, et al. and the death penalty. Swain

Srikantiah has taken charge of takes over from Elaine

the affiliate's efforts to reach Elinson, former Public

out to immigrant communities Information Director, who

remains with the department

as a consultant.

Racial Justice erneet

Director Michelle Alexander

post-September 11. "I hope to

participate in continuing this

affiliate's outreach to communi-

ties of color, especially immi-

grant communities,' says

Srikantiah. Srikantiah replaces

Associate Director. Alexander,

Communications

Ed Chen, who was inducted asa Director Rachel Swain who conceived the highly suc-

takes a new position as |

ACLU News "= January-FesRuary 2002 = Pace 2

2001

Dorothy Ehrlich gives the State of the

Union address, December 16, 2001.

A chillingly similar comment came from

Attorney General Ashcroft when he chided

those who vigorously defend the Bill of

Rights as "giving ammunition to America's

enemies." Such charges have never intimi-

dated this organization. But today we face

threats that are more complex, more

sweeping, and perhaps more permanent

than any that galvanized us in the past.

We began with the USA-PATRIOT Bill;

the anti-terrorist legislation that passed so

rapidly through Congress, giving govern-

ment vast new powers to invade our priva-

cy, imprison people without due -

and punish dissent.

Astonishingly, this was not enough.

Congress' action now pales in comparison

with the executive branch's construction of

what has been described as a "parallel

criminal justice system." This is a system

RESTRSSRRESRFHRSESG*HSSH HE SH HESS yen

cessful Driving While Black (DWB) cam-

paign, will direct the work of all affiliate

departments on proactive campaigns.

Alan Schlosser joined the affiliate as

Staff Counsel in 1976 and served as Mana-

ging Attorney from 1994-2000. Now, Schlos-

ser is taking on a new role as Legal Director,

where he will oversee the affiliate's litiga-

tion strategy and work closely with

Alexander to integrate the work of the legal

department with that of other departments.

Robert Nakatani, who serves as

Director of Development for the National

Lesbian and Gay Rights and AIDS Projects

has joined the affiliate as part time

Endowment Campaign Director. Nakatani

was formerly Director of Planned Giving at

ACLU-NC.

ARTHUR LIMAN PUBLIC INTEREST

FELLOWSHIP

Kenneth Sugarman joined the Racial.

Justice Project (RJP) with a one-year fel-

lowship from the Arthur Liman Public

Interest Fellowship and Fund at Yale Law

School in September 2000. Sugarman

extended his time at ACLU-NC through

December 2001, working on the class

with military tribunals, where dragnet

searches of young men are carried out

based on national origin with no individual-

ized suspicion. It is a system where people

actually disappear. They are held secretly

in custody for indefinite periods of time,

and if they secure representation, their

conversations with their attorneys may be

taped without a warrant. It is a system

where places of worship and political orga-

nizations are targeted for investigation. ;

The challenge ahead is for us to con-

vince more of an understandably frightened

public that they have something to lose.

From the McCarthy period to COINTEL-

PRO, we need to revive the collective mem-

ory of the damage that can be done when

power is abused in the name of national

security. Those of you who know this from

personal experience now need to share

these experiences with a new generation.

We must also remember that in this cri-

sis, like others before it, the least powerful

are the most vulnerable; immigrants and

people of color are once again targets and

they, once again, have the most to lose.

At the same time, hard as it is to think

beyond the immediate crisis, think beyond

it we must. For the agenda we feared at the

start of 2001 remains a tangible threat.

From the rights of gay men and lesbians to

religious freedom to reproductive rights,

the ACLU was committed to a range of

issues long before September 11 and that

commitment is as strong as ever.

I have never felt more privileged to

work alongside the dedicated supporters,

volunteers, board and staff of the ACLU, to

have the opportunity to devote each day of

my life to this struggle - and to know that

what we do now will have a profound effect

on the shape of civil liberties in the.

decades to come.

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action racial profiling lawsuit Rodriguez, et

al. v. California Highway Patrol, et al., and

on the recent suit challenging Governor

Gray Davis' veto of key data collection pro-

visions in the 2001 Budget Act, among other

projects.

"My only regret is that the fellowship

was too short," say Sugarman. @

RESERRSSKRESHSHKSESRRESERSESE EES SF BS

Board

Elections

hanks to.all of you who took the time

: vote in the board elections.

_ ACLU-NC is proud to welcome as new

board members Larisa Cummings, the

Reverend Roy Matthews and Susan

Freiwald. The new members of the

Executive Committee are Nancy

Pemberton (Treasurer ), Donna Brorby and

Ramon Gomez.

We thank outgoing board members

Susan Mizner, Dick Grosboll and Chris Wu

for their service. m

The War on Civil Liberties...

Continued from page !

a two-thirds vote, use secret evidence and

do away with the presumption of innocence.

The tribunals sparked a firestorm of

protest, signaling to many that the

Administration had gone too far. The main-

stream media, which had heretofore muf- |

fled dissent with jingoistic fervor, broke

ranks and unleashed a barrage of critical

editorials. European nations said they

would not extradite suspects to the United

States. And for the first time, in early

December a New York Times/ CBS poll indi-

cated that public opinion had turned a cor-

ner, with nearly 65 percent of respondents

saying they worried about losing their

rights and feared that the anti-civil liber-

ties forces may have gone too far.

At this writing, the Administration is

considering guidelines on military tri-

bunals that backtrack on some of the most |

egregious parts of the initial proposal.

ASHCROFT CALLED TO TESTIFY

A concerned Senate Judiciary Committee

called Ashcroft to account for his actions.

"Throughout this investigation, the |

sent, a vigorous debate is swelling across

America. Initially quiet out of respect for

the victims, awe at the sheer scale of the

attacks, and caution about moving too fast

into uncharted territory, critics are raising

their voices and America is listening.

If not our precious freedoms, they ask, |

what are we fighting to defend?

On one side sit those who say "safety

first, at any cost." On the other, urging bal-

ance and restraint, stand the ACLU, allied

organizations and hundreds of thousands

of supporters. Ranged across the middle is |

the rest of America.

This December, the ACLU brought that _

debate to the pages of the New Yorker in "An

American Roundtable," a special advertis-

ing feature that captures a staggering range

of perspectives from a diverse group of |

Americans.

"We're supposed to be protecting free-

dom, but instead we are profiling people

from certain parts of the world and taking

away their liberties," says Farhat H. of

Monmouth, Illinois. "As a new American I |

have absolutely loved the Constitution -

the freedoms and liberties. I would die for

that, to protect that."

"If the government wants to listen

to my conversations, fine. It doesn't

bother me." :

- Jordan S. of Baltimore, Maryland

Administration has adopted a `trust us |

we're the government, attitude," said

ACLU President Nadine Strossen in testi-

mony before the Committee. "But for our

democracy to thrive, Congress must cast a

skeptical eye over any attempt by the exec-

utive branch to amass new powers."

In an attack on free speech that raised

eyebrows across the nation, Ashcroft

mounted a fierce defense of his agenda, dis-

missing the concerns of his detractors as

"phantoms" and accusing those who voiced

dissent of "giving ammunition to terrorists."

AN AMERICAN ROUNDTABLE

In spite of the chilling effect of the govern-

ment's efforts to seize power and stifle dis-

But, asks Lynn S. of Pittsburgh,

Pennsylvania: "If you are a person not of

American citizenry, why should you get the _

_ the ACLU joined forces with community

same rights that I get?"

"If the government wants to listen to my

conversations, fine," says Jordan S. from

Baltimore, Maryland. "It doesn't bother me.

I have nothing to hide." Steven B., also of

Baltimore, has a different perspective: "You

could think you have nothing to hide, but if

you had a book or pamphlet in your house -

something from the Middle East - or if you

wanted to know another point of view, the

government could always interpret that as

being something incriminating."

To continue the conversation, visit |

www.aclu.org/safefree.

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State Supreme Court

Weighs Proposition 2!

By STELLA RICHARDSON

MEpIA RELATIONS DIRECTOR

he stakes were high in the crowded

[Neon on Wednesday, December

5. Reporters, scholars and activists

flocked to the California Supreme Court in

Los Angeles to watch as the Court heard

argument in a landmark case that.chal-

lenges the constitutionality of Proposition

21, the largest crime-related initiative in

California history.

- Eleven legal scholars and over 40 orga-

nizations, including the ACLU-NC, the

League of Women Voters of California and

the California Teachers' Association, sub-

mitted amicus briefs urging the Court to

strike down Proposition 21. They argued

that the initiative strips courts of their

powers, violates state law governing the

scope of ballot initiatives and poses a grave

threat to California's youth.

The Supreme Court granted review in

Manduley v. Superior Court, in which the

San Diego District Attorney is prosecuting |

after the Fourth |

eight youths as adults,

District Court of Appeal ruled that

Proposition 21 unconstitutionally transfers

from judges to prosecutors the authority to

decide whether a child can be tried as an

challenges to the law, including whether the

measure violates the state's single subject

rule, which limits the scope of ballot initia-

tives to one subject. Proposition 21, critics

contend, contained a vast array of unrelated

measures: from changes to the adult crimi-

nal justice code to the establishment of

gang registries in every municipality.

"The juvenile court is a system where

broad judicial authority is a defining ele-

ment of the institution," said Franklin

Zimring, Law Professor at UC Berkeley's

Boalt School of Law. "Proposition 21 con-

tains a series of obscure and complex pro-

visions that amount to a wholesale

invasion of judicial branch authority."

"At stake in this case is the legitimacy

of voters' choices at the ballot box, the

independence of the judicial system and -

the welfare of youth in California," said

Robert Kim, Staff Attorney at the ACLU-

NC. "Rarely does a case present such a con-

fluence of important topics."

It is unclear which way the Court.will |

rule on either issue, according to Kim. A

decision is expected early in 2002. @

"As anew American! have -_.

absolutely loved the Constitution

- the freedoms and liberties."

; - Farhat H. of Monmouth, Illinois

ACLU News = JANUARY-FEBRUARY 2002 = Pace 3

DEFENDERS OF LIBERTY

The ACLU has stood up to defend our safe-

ty and liberty consistently in the weeks

since September 11. Here are some of the

recent highlights of our work.

Lawsuit on Mass Detentions

On December 5 the ACLU and 15 oth-

er organizations filed the first law-

suit requesting information about

the individuals detained since September

11. The lawsuit followed letters and meet-

ings with officials, as well as an October 29

request for information under the Freedom

of Information Act. The organizations are

seeking, among other things, release of the

detainees' names and details of where, why

and for how long they are being held. "The

basic information that the ACLU and other

citizens' groups have been requesting is

not classified or privileged, nor could its

release raise any legitimate national secu-

rity concerns,' said ACLU President

Nadine Strossen.

Justice Department Dragnet

When the Justice Department issued

its directive to interview 5,000 non-

immigrants, the ACLU-NC and other

affiliates sought to dissuade local police

departments from participating. Told that

many northern California departments

would not take part, but that Fremont,

home to a large Muslim population, would,

organizations to urge the Fremont police to

reconsider. Our open letter garnered crucial

media attention. Next, when we learned ~

that 85 men in northern California had been

targeted for questioning, we teamed up with

the Arab-American Anti-Discrimination

Committee, National Lawyers Guild and the

Lawyers' Committee for Civil Rights to pub-

licize a new hotline for interviewees. That

number is 415-285-1055.

Anti-Hate Hotline

More than 65 calls have come into

the racial profiling hotline launched

by ACLU-NC on September 12. From

Muslim schoolchildren singled out by

teachers to adults barred from airplanes,

the calls exemplify the breadth and depth

of the backlash. Our legal team is monitor-

ing calls closely. The hotline number is

415-621-2493 x322.

Facial Recognition

Technology

As debate raged across the nation on

the pros and cons of national ID

cards and facial recognition technology, -

Fresno airport quietly installed an experi-

mental facial recognition system. Arguing

that this unreliable technology would do

little to keep Americans safe, but much to

invade their privacy, the ACLU-NC sent an

open letter asking the airport to take down

the system. Although Fresno stood by the

technology, the publicity sent an important

message: that airports cannot expect to

Continued on page 5

SSRESPSRESSRSSRSSBSRSSRSSCRFSSCRRESCSRESHSRESSFSSRSRSESRSRSSCRSPMSSSSRESH ESS

Groups Sue Governor

For Racial Profiling

Power Grab

By STELLA RICHARDSON

alifornia Governor Gray Davis

exceeded his authority when he

eliminated key racial profiling data

collection requirements from the 2001 bud-

get, according to a lawsuit filed November

1 by the California League of United Latin

American Citizens (LULAC), the California

| Conference of NAACP Branches, victims of

adult. The Court decided to address all |

racial profiling, and taxpayers.

California's First District Court of

Appeal in San Francisco granted a stay the

same day, preventing state officials from

disbursing money to law enforcement

agencies unless they collect all data speci-

fied by the Legislature. The case, NAACP et

al. v. Davis, et al., is expected to define

with more clarity the balance of power

between the state's legislative and execu-

tive branches.

"For several years, Davis has done every-

thing in his power to block data collection

legislation and thwart progress on the issue

of racial profiling," said Michelle Alexander,

Associate Director of the ACLU-NC. "Now

Davis has actually exceeded his powers

under the state constitution in his misguid-

ed zeal to block meaningful reform."

The Budget Act of 2001 appropriated

approximately $3,000,000 to the California

Highway Patrol (CHP) for grants to local

law enforcement agencies for the costs of

collecting racial profiling data. The Act

provided that the grants "shall only be

available to local law enforcement agen-

cies that collect all of the following data,"

including the race and ethnicity of the

motorist, the reason for the stop, whether a

search was conducted, whether contra-

band was found in the course of the search,

and whether an arrest was made. On July

26, with a stroke of his pen, Davis eliminat-

ed all provisions except the one requiring

agencies to collect data on the race and

ethnicity of the motorist.

"Under the state constitution, the

Governor can veto the Budget Act in its

entirety or reduce the amount of an appro-

priation," explained Jonathan Weissglass,

attorney at the law firm of Altshuler,

-Berzon. "He cannot, however, re-write the

bill, gutting it of its relevant provisions. In

our democracy, only the Legislature gets to

write bills."

Among the eliminated provisions is the

requirement that law enforcement agen-

" cles collect search data. In the class action

lawsuit, Rodriguez, et al. v. California

Highway Patrol, et al., search data showed

that drug interdiction officers in the

Central and Coastal Divisions were three

times as likely to search Latinos as whites,

and African Americans were twice as likely

to be searched. As a result, the CHP issued

a six month moratorium on consent

searches - the practice of obtaining con-

sent to search motorists even when there is

no probable cause to believe they have

engaged in any criminal activity.

The ACLU of Northern California and

the law firm of Altshuler, Berzon,

Nussbaum, Rubin and Demain represent the

petitioners.

LEGISLATIVE REVIEW AND PREVIEW: 2001-2002

BY FRANCISCO LOBACO

LEGISLATIVE DIRECTOR

ELECTRICITY CRISIS - DOES ANYONE

REMEMBER?

efore September 11, the 2001 leg- -

islative year could be summed up in

one word - electricity. For most of

the year the attention of the Legislature

and the Governor was consumed with

efforts to solve the looming electricity cri-

sis. "Kilowatts" became the most often

heard word in the Capitol. The primary

result of the endless hearings was a $6 bil-

lion hit on the General Fund to buy elec-

tricity - which all hope will be paid back to

lessen the "shock" of the fiscal deficit the

state faces in 2002.

On the civil liberties front, it was a sur-

prisingly productive year in Sacramento.

The ACLU pursued its most proactive leg- -

islative agenda in recent memory, with sev-

eral bills becoming law. However, while

Governor Davis was taking credit for sign-

ing the few good bills that reached his

desk, behind the scenes he was cajoling

Assembly Democrats to stall numerous

other progressive bills, including various

ACLU sponsored bills.

The results for the year include: five

significant wins, two gubernatorial vetoes,

and four stalled bills, some of which are

likely to reappear on the floor next year.

(see Civil Liberties Scorecard, below)

A GROWING NETWORK OF

GRASSROOTS ACTIVISTS

This year, Californians sent approximately -

- 1,000 faxes to their individual legislators

urging passage on each of two bills - AB 788

(racial profiling) and SB 778 (financial

privacy). As our network of e-activists

grows, we anticipate increasing

our ability to influence legisla-

tion still further.

2002 LEGISLATIVE

PREVIEW - SEPTEMBER

11 BACKLASH

2002 will be a difficult year

for civil liberties. The

tragic events of September

11 resulted in the passage

at the federal level of anti-

"The ACLU will strenuously oppose all

efforts to erode the civil liberties of

Californians."

terrorism legislation filled with anti-civil

liberties provisions which expanded gov-

ernmental powers to invade our privacy,

imprison persons without due process and

punish dissent. Legislators in California

will try to enact similar legislation.

The Legislative Office will be required

|

|

to devote much of its time and energy to

fight the onslaught of these bills. In partic-

ular, we will see efforts to greatly expand

the ability of law enforcement to conduct

surveillance through wiretapping, create

expansive definitions of terrorism that

could affect those engaged in civil disobe-

dience, and expand the use of biometric

devices for surveillance purposes. The

ACLU will strenuously oppose all efforts to

erode the civil liberties of Californians.

The combination of a looming deficit and

an election year will make it difficult to pur-

sue major initiatives. Nevertheless, the

ACLU will pursue the legislative agenda

begun in 2001, including trying to ban the

execution of the mentally retarded, provid-

ing consumers better financial

privacy protections, and

expanding civil rights pro-

tections for all Californians.

The Assembly will

remain in Democratic

hands and will elect a new

Speaker in 2002 - Herb

Wesson from Los Angeles,

" a strong supporter of civil

~ fights. The Senate will

~* also. continue under

Democratic control, under

the leadership of President Pro-Tem John

Burton from San Francisco, a longstanding

friend of civil liberties. The newly redis-

tricted lines will likely keep both houses of

the Legislature in Democratic control for

the immediate future. :

Finally, the results of the vote on

Proposition 45 on the March 2002 ballot will

be big news in Sacramento. Proposition 45

would soften the impact of term limits by

permitting, under certain circumstances, a

legislator to seek up to an additional four

years in office. Legislators, as well as mem-

bers of the "Third House" (lobbyists) will be

keenly watching the outcome of this vote. m@

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Civit LIBERTIES

VICTORIES

AB 800 (Wesson-D) is a major victory for

language rights. The law will ban English-

only workplace rules unless justified by

business necessity.

AB 25 (Migden-D) provides numerous new

benefits to registered domestic partners. ~

AB 1084 (Wesson-D) restores the collec-

tion of race and gender data on the more

than $6 billion of state contracts awarded

every year.

AB 540 (Firebaugh-D) allows California

high school graduates to pay in-state

tuition for state universities and colleges,

regardless of immigration status.

SB 780 (Ortiz-D) provides state prohibi-

tions against forcibly interfering with those

obtaining or providing reproductive health

services.

Civit LIBERTIES STALLS

AB 1512 (Aroner-D), which bans the exe-

cution of the mentally retarded in

California, was stalled in the Assembly

Appropriations Committee. Despite wide-

spread public support and the passage of

similar legislation in more conservative

states, the Assembly Democratic leader-

ship requested the bill be held, not wanting

moderate Democrats voting on a bill that -

could be construed as "soft-on-crime".

AB 788 (Firebaugh-D), which embodied

our continuing effort to require mandatory

racial profiling data collection by law

enforcement officers, was stalled on the

Assembly Floor after Davis Administration

officials and law enforcement allies lobbied

Democratic Assembly Members asking

them not to vote for the bill.

SB 1196 (Romero-D), another ACLU

sponsored bill, met a similar fate. This

important civil rights bill responded to

recent U.S. Supreme Court decisions cut-

ting back on civil rights protections by

explicitly waiving the state's 11th

Amendment immunity from numerous fed-

eral civil rights laws, including the

Americans with Disabilities Act (ADA).

The bill remains pending in the Assembly

Appropriations Committee.

SB 773 (Speier-D) failed to curry favor on

the Assembly floor. One of the most heavily |

lobbied bills of the year, SB 773 provided

Californians with a right to privacy in their

financial records and required their con-

sent to share their information with other

financial institutions,

_In early January, a newly concerned

Gov. Davis stated his intent to pass the

strongest financial privacy legislation in

any state.

Civi_ LIBERTIES VETOES

SB 320 (Alarcon-D) required data collec-

tion on the race, sex, learning disability

and primary language of suspended and

expelled students, and required that home-

work assignments and tests be given to stu-

dents while they are suspended, when

requested by a parent. The Governor inex-

plicably stated in his veto message that the

bill "removes a district's authority to deter-

mine locally how to meet the academic

ACLU News = January-FesrRuary 2002 = Pace 4

needs of suspended students." One of the

reasons the ACLU sought the legislation

was the failure of school districts to meet

the academic needs of suspended students.

_ AB 675 (Migden-D) was a particularly dis-

turbing veto by the Governor. This simple

bill streamlined and made more accessible

the compassionate release process for dying

prisoners by requiring the California

Department of Corrections to keep the pris-

oner and his or her family apprised at each

stage of consideration. The release of termi-

nally ill prisoners who no longer pose a

threat to the public safety saves state tax-

payers hundreds of thousands of dollars and

provides these women and men with appro-

priate end-of-life medical and palliative

care. The Governor indicated in his veto

that the bill was too expensive and "could

result in the release of violent offenders

resulting in risk to the public." This cruel

veto further solidified Governor Davis'

abysmal record on criminal justice. and

Ward

Connerly

Watch

ard Connerly, who brought

Californians Proposition 209, the

ballot initiative that rolled back affir-

mative action in the state, is on the

March again. Connerly is currently

gathering signatures to qualify for the

November 2002 ballot the so-called

Racial Privacy Initiative. This measure,

which would bar state agencies from

collecting data on race, poses a grave

threat to our ability to monitor and

stamp out discrimination in health,

housing, employment, the criminal jus-

tice system and more. Keep watching

the ACLU News for more information.

Victory at the Ballot Box

By ANDY LURIE

PUBLIC INFORMATION INTERN

ne year after "hanging chad"

()ieain a household phrase, the

ACLU has helped score a significant

victory for voters' rights. - :

Common Cause v. Jones was one of

four cases filed across the country chal-

lenging voting practices and standards in

the wake of the November 2000 presiden-

tial election. The case, filed on April 17,

2001, challenges the use of antiquated and

inaccurate pre-scored punch card voting

machines in nine California counties,

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War on Civil

Liberties...

Continued from page 3

install untested and invasive monitoring

systems without public scrutiny.

Speakers Bureau

With requests for speakers for

schools, universities and community

centers flooding the office, the ACLU-

NC staff needed help. We organized a speak-

ers training on post-9/11 issues for board

members and chapter representatives and

created a rapid response speakers bureau.

For more information, contact Field

Director Lisa Maldonado on 415-621-2498.

Chapter Events

With the help of the Field

Department, the Monterey, Berkeley

Albany Richmond. Kensington

(BARK), UC Berkeley, Paul Robeson, Santa

Cruz, Sonoma and Hastings Chapters have

hosted local forums on USA-PATRIOT and

the war on terrorism. Please let the Field

Department know if you need assistance to

organize a forum.

Media

The ACLU-NC has responded to

approximately 350 media calls on

September 11 issues. As well as publi-

cizing our hotlines, "Know Your Rights"

brochures, and letters to the Fremont

police and Fresno airport, we have placed

spokespersons in media across the region

and generated op-eds and letters in the

arguing that their use infringes on the vot-

ing rights of those counties' residents.

"The right to vote is the foundation of

our democracy," said ACLU-NC Legal

Director Alan Schlosser. "The state has a

constitutional duty not to allow that foun-

dation to crumble, as it has in nine coun-

ties here in California."

On August 24, 2001 the United States

District Court in Los Angeles issued a rul-

ing denying the government's motion to

throw out the complaint. The court held

that it would allow the case to proceed to

trial because valid legal claims had been

stated in the complaint - namely, that the

use of the inaccurate punch card voting

machines denied equal protection of the

law to voters in those counties that used

them, and that these machines could have

a disparate racial impact in violation of the

Voting Rights Act, because the nine punch

card counties include a disproportionate

"number of African American, Asian

American and Latino voters. In addition,

the court held that the state was the

_ responsible party to correct these constitu-

tional problems if proven.

Secretary of State Bill. Jones

announced in September 2001 that he was

revoking the certification of the use of the

pre-scored punch card machines. "We can-

not wait for a Florida-style election deba-

cle to occur in California before we replace

archaic voting machines," said Jones.

Two Victories for Free

Speech

By ANpy LURIE

PUBLIC INFORMATION INTERN.

letter is all it takes to make a differ-

ence.

This October, thanks to the efforts of

Legal Director Alan Schlosser and Staff

Attorney Jayashri Srikantiah, the ACLU-NC

helped overturn city permit denials that

threatened to prevent two local groups

from holding rallies.

Local organizers from the October 22nd

Coalition - a national organization dedicat-

ed to protesting police brutality - had tried

S ometimes, a well-placed phone call or

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Daily Journal, Contra Costa Times and

other newspapers. The national ACLU has

fielded thousands of media calls, sent rep-

resentatives into combat on every network

from CNN to the Comedy Channel, and

placed profiles of Executive Director

Anthony Romero in the Wall Street Journal,

New York Times and other major outlets.

"Know Your Rights"

Outreach

Free copies of the ACLU's brochures:

"Know Your Rights: What to do if you

are stopped by the Police, the FBI, the INS

or the Customs Service" are in high

demand. The ACLU-NC has distributed

close to 5,000 copies in English, Spanish

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U.S. Court Says "Non

Merci!'

to French

Censorship Effort

By ARNULFO URIAS

PUBLIC INFORMATION INTERN

irst Amendment freedoms extend to

cyberspace and are beyond the reach

of foreign governments, according to

a landmark ruling issued November 8.

' Inavictory for the ACLU-NC, the ACLU

national office and several human rights

and free speech groups that filed amicus

briefs in the case, U.S. District Court Judge

Jeremy Fogel ruled that American courts

would not enforce a French court's order

seeking to prevent U.S.-based Internet por-

tal Yahoo! Inc. from allowing French users

to access web pages that contain speech

related to Nazism.

"While France may have the power to

regulate speech within its own borders, the

court's decision makes clear that no coun-

try may reach out and silence speech in the

United States," said Ann Brick, Staff

Attorney with the ACLU-NC.

"Hach nation has its own conception of

what is legitimate speech," said Barry

Steinhardt, Associate Director of the nation-

al ACLU. "Only the most bland and homoge-

nized speech could possibly comply with

those hundreds of different national laws."

The court clearly agreed. Under U.S.

law, wrote Judge Fogel, "it is preferable to

permit the non-violent expression of offen- |

sive viewpoints rather than impose view-

point-based governmental regulation upon

speech. The government and people of

France have made a different judgement

based upon their own experience."

The case, Yahoo! v. La Ligue Contre Le

Racisme et Liantisemitisme, arose when

two French groups sued Yahoo! under a

French law that makes it illegal to engage

in speech related to Nazism. Yahoo! argued

that it was technically impossible to com-

ply with the French order without violating

the First Amendment rights of its U.S. cus-

tomers. and

ACLU ates a JANUARY-FEBRUARY 2002 = Pace 5

for more than a month to obtain a permit to

- hold a political demonstration in Oakland.

They were met by misinformation and delay.

Even after the Coalition agreed to the city's

conditions regarding their route, officials

denied their request on the grounds of

potential "disruption." That's when the

ACLU wrote the city, complaining about this

use of vague and overbroad standards to

prevent constitutionally protected activity.

The permit was granted in time for the rally

to be held as planned on October 22.

Meanwhile, the African People's

Solidarity Committee (APSC) was seeking

a permit to hold a human rights and peace

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in Punjabi, Hindi, Urdu and Farsi. To order

bulk copies, visit www.aclunc.org or fill out

_ the form below.

Safe and Free

Visit the ACLU's website at

www.aclu.org for updates on the

national campaign to keep America

safe and free. Sign up at www.aclunc.org

to become an e-activist and receive action

alerts on pressing issues from the national

office and from northern California. @

and Arabic, with advance orders for copies _

However, on December 17 Jones

announced that the machines will not be

decertified until July 2005. The ACLU, civil

rights and citizens groups will continue

with the litigation seeking a court order

forcing the Secretary of State to make the

changes before the 2004 presidential elec-

tions.

The ACLU affiliates of Northern

California, Southern California and San

_Diego filed the lawsuit on behalf of

Common Cause, the Southern Christian

Leadership Council, the AFL-CIO, and the

Southwestern Voter Registration and

Education Project. The law firms Munger,

Tolles and Olson and Altshuler, Berzon,

Nussbaum, Rubin and Demain, and

University of Michigan Law Professor Evan

Caminker are co-counsel. @

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rally in San Francisco's Dolores Park. After

organizers learned that the police planned

to deny their sound permit because of

objections from local residents about exces-

sive noise during previous demonstrations,

they called the ACLU. Since APSC had com-

plied with all the requirements of the sound

permit ordinance intended to prevent

excessive noise, the ACLU maintained in

phone calls that these complaints did not

provide a lawful basis for denying the per-

mit. The permit issued, the rally went

ahead on October 27.

"The APSC would like to give you our

heartfelt thanks for the efforts you made on

behalf of our committee's struggle to obtain

a sound permit," wrote Wendy Snyder of

- APSC on October 29. "The event was a great

success in presenting the voices of the

African, Mexican, Asian, Palestinian and

other communities' perspectives on the

current war. We feel that the victory in

obtaining the permit is one for all those who

defend free speech." :

"After the events of September 11 we

can expect to see increased use of the

streets for expressive and dissenting activi-

ties, and a diminished tolerance on the part

of the government for accommodating such

events, especially for unpopular voices,"

said Schlosser. "The role of the ACLU is to

try to keep these grassroots means of

expression open, particularly when the gov-

ernment is asserting emergency powers in

the name of national security." m

-KNow Your RIGHTS

Rights Day Celebration...

Continued from page |

Dee said that she was enormously

grateful to receive the award from the

ACLU and was deeply moved by the sea of

faces she saw. "Most of the good things we

enjoy in America come from people like us:

the fighting people," she said, as the "fight-

ing people" in the audience responded

with a standing ovation.

On stage and film Davis and Dee have -

excelled as collaborators and individual

artists. Their outstanding work has

brought them numerous awards, including

ten Emmy nominations, the NAACP Image

Award and the National Medal for Lifetime

Achievement in the Arts presented by

President Clinton in 1995.

Director Dorothy Ehrlich.

Ossie Davis and Ruby Dee with ACLU-NC Board Chair Margaret Russell and Executive

Former Earl Warren Civil Liberties

Award recipient Fred Korematsu, with his

wife, Katherine.

_ "Never have we had to worry that Ossie and

Ruby would be frightened away from anything!"

- Angela Davis

_ "Why should there be a dichotomy

between art.and activism?" Davis asked the

appreciative crowd. "When Ruby and I came

into the theater it was an act of progress

for our people. We admired Paul Robeson

- going up and down the country causing

hell against evil-doers. That is the original

function of art - to change human beings

by reaching them through imagination."

Dee closed her remarks with a dramat-

ic, optimistic recitation of her own compo-

sition "The Dream Droppers," ending with

the lines:

From time to time though

I sneak a peak around a corner

To see uf one of those explosive ethereal

Dangerous aspirations

. Takes hold, stays alive. Grows. -

Because every now and then

A dream does put on flesh, stands tall

And walks!

| A dream does happen every once in a

while, you know."

The theme of the celebration, "Artists as

Activists," was brought to life by the opening

act, the Taco Shop Poets, who make a prac-

tice of taking over taco shops throughout

the state with spoken word and song. Later,

the San Francisco Mime Troupe sang a

. A spirited performance by the San

Francisco Mime Troupe entertains sup-

porters.

medley covering everything from "Three

Strikes" to the muzzling of the press and the

challenges of multiracial coalition building.

Members of the audience, some of whom

remembered the ACLU-NC's representation

of the Troupe when they were busted for

obscenity by the San Francisco police in the

1960s, stomped their feet and sang along

with their rousing finale, "It's Time to

Repudiate the Politics of Hate."

The event was organized by Field

Director Lisa Maldonado with assistance

from Gigi Pandian. Susana Millman donat-

ed the beautiful photographs of the event. m

HBSS SSTR SHEE SSE RSE ER SRRERHESHERSTHSSE RSF RESHRSRRESHRSSRRSEPHESESFSSHFESSRRHSSRE SHER SKFRESHRSFRESHSESHRESHRSESRRSFHESTRSFRESEROEHEEE

Students and Teachers

in the Forefront

his year's Bill of Rights Day marked

ik: tenth anniversary of the Howard

A. Friedman First Amendment

Education Project and honored the teach-

ers and students who have formed its

activist core, as well as Phyllis Friedman,

whose family's gift launched the innovative

project in 1991.

Friedman Project "graduate" Raha

Jorjani, a former member of the ACLU-NC

Board of Directors,

spoke of joining the

student group as a 15-

year-old sophomore at

Albany High. Jorjani, a

recent UC Berkeley

graduate was greeted

with cheers when she

thanked Project

Director Nancy Otto

and the ACLU-NC "for

the many ways that the

Friedman Project

changed my life."

Current Youth

Advisory Council

members Lindsay

Waggerman of Vallejo

High School and Aaron Leonard of

Alhambra High School in Martinez intro-

duced Phyllis Friedman and presented the

Lola Hanzel Courageous Advocacy Award

to Vallejo High School teachers Dan Anker

and Bruce Wilson.

In 1992 Anker and Wilson made ACLU

history by forming the first high school ACLU

club in northern California -and the nation.

Their efforts dovetailed with the 1991

founding of the Friedman Project. Working

with then project director Marcia Gallo,

Anker and Wilson gently guided young

activists who were interested in civil liber-

ties and civil rights issues.

"Anker and Wilson are courageous, cre-

ative and generous teachers who have intro-

duced a generation of students to the ideas

of free thinking and free speech," said Otto.

Friedman Project advocates with Project Director Nancy Otto

(fourth from right) and Lola Hanzel Courageous Advocacy

Award winners Bruce Wilson and Dan Anker,

Anker and Wilson continue to serve as

the faculty advisors to the Vallejo High

ACLU Club, which is still one of the most

active in northern California. The students

hold forums on controversial topics, which

have included police accountability, metal

detectors, homophobia and racial disparity

in student discipline. Club members have

fought efforts to censor articles in the stu-

dent newspaper, testified before the school

board in opposition to metal detectors, and

protested the lack of full-time credentialed

teachers in the high school.

"Their guidance and support has pro-

duced an unparalleled crop of student

leaders," said Otto.

As he thanked the ACLU for the award,

Anker encouraged all teachers in the audi-

ence to start ACLU clubs. "Teachers - and

all adults - have a responsibility to support

students in their causes and their right to

speak out," he said.

A lively exhibit in the lobby, composed

of favorite photos, letters from parents,

students and teachers as well as news arti-

cles about the history of the Project, was on

display in the lobby. The exhibit was creat-

ed by Friedman Project Youth Advocates

Shayna Gelender and Lani Riccobuono. @

ACLU News = January-Fesruary 2002 = Pace 6

New VOICES OF LIBERTY:

The ACLU Youth

Rights Conference

By AMELIA ROSENMAN

children, then the 2001. ACLU Youth

Rights Conference heralded great

news. On November 13 more than 900 stu-

dents representing northern California

schools attended the Youth Advisory

Committee (YAC)'s day long conference at

UC Berkeley.

The conference focused on civil liber-

ties during times of social upheaval, explor-

ing a variety of topics that affect young

I: our future lies in the hands of the

_ people's rights. ACLU-NC board member

Aundre Herron kicked. off the day dis-

cussing how our country's current policies

and practices pose an extra threat to the

civil liberties of all Americans. Her words

established a pertinent context for the two

sessions of intensive hour-long workshops

to follow. Students chose from a wide range

of subjects, including racial profiling, immi-

gration discrimination, independent

media, un-teaching hate, and the UN

Conference on Racism. Facilitated by YAC

members, each workshop included an

expert presentation and group discussion.

As Castro Valley High School senior

Lauren Stower said, the conference was "a

much-needed gathering of people" that

provided youth with "an alternative source

of information."

The conference had an impact on those

presenting at the conference, as well as on

the youth who took part. "Young people

have decided civil liberties actually impact

their lives," said Thenmozhi Sonndararajan,

who spoke as a panelist for the workshop

on independent media. As Executive Director

of Third World Majority, Sonndararajan

makes a living providing people with alter-

native sources of information.

Especially during this time of political

uncertainty, Sonndararajan suggested, it is

important to question everything we see or

hear. The workshop generated a list of inde-

pendent media sources and warned stu-

dents not to rely too heavily on one source

alone. "We only know what we hear on TV,"

said Kahrer Molvig, a sophomore at Lick-

Wilmerding High School in San Francisco.

The independent media workshop sought to

broaden that knowledge base, challenging

students to reevaluate the mainstream

media and think about how the news influ-

ences their ideas and opinions.

Down the hall, the workshop dis-

cussing the UN Conference on Racism

tackled issues of international racism and

youth involvement in creating solutions.

"It's important for us to know what the

country we live in is doing internationally,"

Vallejo High senior and YAC facilitator

Lindsay Waggerman said.

During the workshop, students learned

about the worldwide conference from

activist and former YAC member Raha

Jorjani. Jorjani, who attended the NGO

forum and youth summit in South Africa,

alerted students to issues about the confer-

ence barely mentioned in the press. She

said that the United States' decision to pull

out of the conference "greatly calls into

question what we, as a nation, have truly

achieved in the area of civil rights and

equality."

Students brainstormed about the roots

of racism and proposed methods for com-

bating racism on the individual, national,

and international levels. Jorjani also told

the students about the youth summit that

paralleled the United Nations meeting,

where, she said, adults tended to dominate

and control the agenda. "It was inappropri-

ate for youth voices to be somewhat mar-

`ginalized in a space that was supposedly

created with our voices in mind, especially

`Continued on page 8

Charges Dismissed in Police

Complaint Case

By STELLA RICHARDSON

10, 2000. After an 18-hour workday

flight attendants Kimberly Joan Reed

and Rita Lena Jamerson were driving home

I was two in the morning on February:

on I-80 from San Francisco to Reno, Nevada,

when a California Highway Patrol (CHP)

officer stopped the women for speeding at

78 miles per hour. Three days later, when

the women complained to the CHP that the

~ officer was rude, discourteous and caused

lenge the internment of 120,000

Japanese Americans. On November 8,

2001, the ACLU-NC co-sponsored with

the Japanese Cultural and Community

Center of Northern California, the San

Francisco Public Library and American

Friends Service Committee an event

called Perseverance and Survival:

Communities Redefined by America's

Concentration Camps. Contributors to

Remembering Internment

uring World War II, ACLU-NC was ~

the only organization to chal-

the anthology "From Our Side of the

Fence: Growing Up in America's

Concentration Camps" read poignant

memoirs about their wartime experi-

ences. ACLU-NC's Stan Yogi was on

hand to discuss the current threats to

civil liberties. This photo depicts mem-

bers of the Committee Against

Nihonmachi Eviction, a group formed in

1978 to protest evictions resulting from

the redevelopment of San Francisco's

Japantown (or Nihonmachi).

To our members...

ACLU-NC Privacy Policy

to describe complicated legal and political issues in ways not possible in other

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media. They enable us to explain, in detail, the benefits and provisions of the

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modern world, and the costs of preserving those rights. We use the mail to inform peo-

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them to be afraid, they never imagined they

would face criminal charges.

But when a CHP investigator conclud- |

ed that their complaint was false, Reed |

and Jamerson were charged with violating

Penal Code 148.6, which makes it a misde-

meanor to file "any allegation of miscon-

duct against any peace officer...

the allegation to be false."

ACLU-NC legal director Alan Schlosser |

soon joined the defense team, arguing that

the statute violates First Amendment

rights. On October 18, 2001,

Superior Court Judge Ramona Garrett

agreed, dismissing the charges against the

women and stating: "Penal Code 148.6

offends the First Amendment to the

Constitution of the United States. I formal-

ly declare that statute to be unconstitu-

tional." The County has filed an appeal.

"Judge Garrett's decision is a victory

for free speech," said Schlosser. "Giving

police agencies the power to retaliate

against citizen complainants with criminal

prosecutions - coupled with the statutory

requirement that a warning about possible

knowing |

Solano |

criminal prosecutions be printed in bold

face on all complaint forms - plainly has a

chilling effect on the willingness of citi-

zens to speak out about police miscon-

duct."

The statute is unconstitutional

because it discriminates on the basis of

the content of the speech - only citizen

complaints against the police are unprivi-

leged and subject to criminal and civil

libel sanctions, Schlosser explained.

The ACLU has observed a statewide

pattern of retaliatory legal actions by law

enforcement officers against citizen com-

plainants. These have included criminal

charges under Penal Code section 148.6

and lawsuits under Civil Code section 47.5,

which gives police officers special rights to

sue for damages when they claim that a

citizen's complaint is false. The ACLU is

aware of over 20 such legal actions.

So far, three federal district courts

have held unconstitutional either Penal

Code 148.6 or Civil Code 47.5. On October

30, the California Court of Appeal ruled in

People v. Stanistreet that the criminal

statute violates the First Amendment. On

November 28, another state Court of

Appeal ruled in Walker v. Kiouts that the

civil statute was unconstitutional on its

face. The ACLU of Southern California

submitted amicus briefs in both cases. and

Sign up to receive regular.

action

alerts!

"Join our e-activist network at

www.aclunc.org

EL ogi

ACLU News = January-FesRuarRyY 2002 = Pace 7

aoe perksiey i

ACLU Club

BY GIGI PANDIAN

PROGRAM ASSISTANT. .

he UC Berkeley ACLU was

[en just over a year ago,

when freshmen Aaron

Ezroj and Matt Murray discov-

ered that the university with the

activist reputation was lacking an

ACLU club.

Murray, who cites Ezroj as the

driving force behind founding the

club, says that one of the reasons

he chose to attend Berkeley was because of

its open-minded reputation. But while

many activist organizations existed on cam-

pus, Murray found that most had a specific

or partisan focus, and he realized that the

majority of students were not involved. By |

starting an ACLU club and embracing a

Participants in the UC Berkeley ACLU's teach-in.

broad set of issues, Murray and Ezroj hoped

to foster participation.

The club's first event was a political

debate; representatives from different |

political student groups were invited to

present their views. Other events soon fol-

' lowed, including two forums on racial pro-

SRSRSPEHECC AHS SR EHSEREHSESORHE SHREK E RABE SEHESCHASEESRHECHBAGE HEHE

Youth Conference...

Continued from page 6

since the youth conference was already

limited in terms of time and resources,"

she said.

the Arts and a YAC member, felt the confer-

ence tied students together. "Though they

came as strangers, they left with a common

bond: They were all affected by the sys-

tem," he said. Equipped with new knowl-

edge and awareness of "the system," this

body of youth will work

In contrast to the

gathering in South

Africa, the ACLU

Youth _ Rights

Conference truly was

a youth space, run by

and for young peo-

ple. Luis Ochoa, a

junior at. San

Though they came as

strangers, they left with

a common bond.

- Luis Ochoa,

Youth Advisory Committee

together to embrace and

improve their civil liber-

ties for years to come. #

Amelia Rosenman is

a sophomore at Lick-

Wilmerding High School

Member in San Francisco and a

Francisco School of

member of the YAC.

SONOMA COUNTY ACLU CHAPTER

Annual Dinner

Featuring: SISTER HELEN PREJEAN,

the inspirational nun working against the death penalty.

Thursday, March 7, 2002

Santa Rosa Veteran's Memorial Hall

6 p.m. dinner

Tickets $20 advance, $10 low income (an additional $5 at the door)

For more information about the event, call the ACLU of Sonoma County at (707) 765-5005.

To order tickets, send checks to: ACLU of Sonoma County, P.0. Box 14181, Santa Rosa, CA 95402.

For more information on Sister Helen Prejean, go towww.prejean.org

Se

SS SS

Chapter Meetings

(Chapter meetings are open to all interested members.

Contact the Chapter activist listed for your area.)

B-A-R-K (Berkeley-Albany-Richmond-Kens-

ington) Chapter Meeting: Usually meet the first

Wednesday of each month. For more information, con-

tact Jim Hausken: (510) 558-0377.

Fresno Chapter Meeting: Meeting in January

onward on the fourth Thursday of each month. For more

information, please contact Tom Simpson: (559) 432-

2787.

Lesbian, Gay, Bisexual and Transgender

Chapter Meeting: Usually meet the second Sunday

of each month at the ACLU-NC office (1663 Mission

Street, Suite 460) at 1] a.m. All are welcome; please

check with contacts Deborah Glen-Rogers (415-333-

4016) or Roy Bateman (415-621-7995) to make sure

the regular meeting is taking place.

Marin County Chapter Meeting: Meet on the

third Monday of each month at 7:30 p.m. Currently

meeting at the West End Cafe, 1131 Fourth Street in San

Rafael. Contact Coleman Persily: (415) 479-1731.

Mid-Peninsula Chapter Meeting: Usually meet

the fourth Thursday of the month. Contact Paul Gilbert:

(650) 306-9575.

Monterey County Chapter Meeting: Usually third

Thursday. Meet at 7:15 p.m., Monterey Library, Contact

Matt Friday (831) 899-2263. Or to report a civil liberties -

concern, call (831) 622-9894.

North Peninsula (San Mateo area) Chapter

Meeting: Meetings usually held at 7:30 on the third

Monday of each month, at the downstairs conference

room (*not the top floor as before) at 700 Laurel Street

(off Fifth Avenue). Contact Linda Martorana: (650) 697-

5685.

Paul Robeson (Oakland) Chapter Meeting:

filing, one of which featured ACLU-NC | 0x00B0

Associate Director, Michelle Alexander.

In its short life, the club has accom-

plished much. Working with the Student

Advocates Office, activists succeeded in

obtaining racial profiling data from the UC

Police Department. This data convinced

the group that more specific data collec-

tion is needed to draw real conclusions |-

about racial profiling, and this is now one

of their core projects. The club has also

helped keep free speech flowing in the

campus press, writing letters and lobbying

the Student Senate not to censure the |

Daily Californian student newspaper for

publishing unpopular views. Working with

other groups, the ACLU voice was also suc-

cessful in changing the Student Senate

bill for the better.

"The UC Berkeley ACLU is incredible,"

says ACLU-NC Field Director Lisa

_ Maldonado. "They have been so active on

so many campus and civil liberties issues.

They are well-organized and do an excel-

lent job of working with other campus

allies as well as East Bay ACLU chapters."

Under Murray's leadership as the newly

elected President, the club was quick to

respond to the events of September 11.

Members organized a teach-in, with speak-

ers including ACLU-NC Executive Director

Dorothy Ehrlich. BARK (Berkeley-Albany- |

Richmond-Kensington) ACLU Chapter co-

sponsored the event by donating money

and banners. The teach-in was a great suc-

cess, with over 200 people in attendance,

and local television coverage.

Sitting in the Free Speech Movement

Cafe on the Berkeley campus, Murray

reflected on his experiences over the past

year. The sophomore architecture major

says the ACLU club has become a central

part of his life. From being immersed in

civil liberties issues to learning the ropes

of organizing, he feels he and the others

involved with the ACLU have learned

much outside the classroom. :

"Being a part of the ACLU here at UC

Berkeley has been one of the most

demanding, exciting, and inspiring parts

of my life," Murray says. "I wouldn't trade

it for the world." @

SSRSSSCRSSSCSFSSPSCRSESSOCORSSHPSRSSPORSSSCRRSSPSRSESSCHSAESEEHEESSHRSE SS RESO

Alic a Haniburs0x00A7 96, "

Peace Activist

ney froma North Dakota homestead to rur-

al classrooms in the San Joaquin Valley to

By ELAINE ELINSON

onagenarian Alice Hamburg died as

| she lived, fighting for peace in a

world of war and_ injustice.

Hamburg, founder of the Women's Strike

for Peace in 1950, died of natural causes at

her Berkeley home on November 19. "Our

motto is justice," she told the San

Francisco Chronicle at a protest against

the U.S. bombing of Afghanistan just weeks

before her death, "I don't know if we will

see rapprochement with our enemies in my

own lifetime, but | owe it to my progeny to

help us get there."

Hamburg's passion for civil liberties

_ made her a longtime supporter of the ACLU.

She was in the Freedom Circle of donors to

the ACLU-NC Foundation and was a con-

stant presence at ACLU meetings and Bill of

Rights Day Celebrations. In her memoir,

"Grass Roots: From Prairie to Politics, The

Autobiography of Alice Sachs Hamburg,"

Hamburg recommends that her readers

support the ACLU, as "it helps to bring

about the conditions for a peaceful world." -

The book, which was published on

December 1, documents Hamburg's jour-

Usually meet the fourth Tuesday of each month at the

Rockridge library.

Redwood (Humboldt County) Chapter

Meeting: The chapter has been in the process of mov-

- ing into an improved office /meeting room. Please con-

tact Roger Zoss: rzossmymailstation.com or (707)

786-4942. Or call the Redwood Chapter of the

ACLU:(707) 444-6595.

~ Sacramento Valley Chapter Meeting: Contact

Lisa Maldonado for more information: (415) 621-2493.

San Francisco Chapter Meeting: Meet the third

Tuesday of each month at 6:45 p.m. at the ACLU-NC

Call the

office (1663 Mission Street, Suite 460).

Chapter hotline: (415) 979-6699.

Santa Clara Valley Chapter Meeting: Usually -

meet the first Tuesday of every month at 1051 Morse

Street (at Newhall) in San Jose. Contact Sam Freund:

acluscvhotmail.com.

ACLU News = January-Fesruary 2002 a ee 4

battles with the infamous Burns

Committee, California's version of HUAC.

Interrogated by the Committee in 1951,

Hamburg told the Committee that their

interrogations "constituted a flagrant vio-

lation of all the democratic principles

which are our great American heritage."

-Hamburg became active in the civil

rights movement, the anti-war movement

and the campaign for nuclear disarma-

ment, leading delegations to South Africa,

Japan and the Soviet Union. In 1987, she

celebrated Mothers Day by organizing a

trespass and protest at the Nevada nuclear

test site

"Alice Hamburg's early understanding

of the forces of greed and injustice fueled

her lifelong passion for social change," said

Dorothy Ehrlich, Executive Director of

' ACLU-NC. "She was a remarkable and irre-

placeable activist."

Hamburg was awarded for her work by

the City of San Francisco and the Berkeley

Commission on the Status of Women; in

1997, the Jane Addams Peace Association

` honored her "Fifty Years on the Front

Lines." and

Santa Cruz County Chapter Meeting: Usually

meet the third Thursday of each month at 7 p.m., but this

may change so please contact Marge Frantz: (831) 471-

0810.

Sonoma County Chapter Meeting: Usually meet

the third Tuesday of each month, at 7 p.m. at the Peace

and Justice Center. The Peace and Justice Center has

recently moved, now located at 467 Sebastopol Avenue

(east of 101). Annual dinner on March 7 features

Sister Helen Prejean (please see advertisement).

Chapters Reorganizing

Mt. Diablo Chapter: If you are an ACLU member in

the Davis area, and are interested in reviving this chapter,

please call ACLU-NC Field Director Lisa Maldonado: (415)

621-2493 x346.

Yolo County Chapter: {f you are an ACLU member in.

the Davis area, and are interested in reviving this chapter,

please call Natalie Wormeli: (510) 756-1900.