vol. 69, no. 3

WHAT'S INSIDE

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

ACL

BECAUSE

SUMMER 2005

FREEDOM

nev

CAN'

PROIEC TI

LI SE F

5

VOLUME LXIX ISSUE 3

PAGE 4

Powerful Youth:

PAGE

ACLU Wins in Union City:

No More Student Round-Ups

`The Summit That Inspired

PAGE oO

Compassionate Choices:

Dying On One's Own Terms

PAGE 6 = 7

KEEPING AMERICA

SAFE and FREE

PAGE 9

Victory in Deer Valley:

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

intrusive provisions of the USA PATRIOT antiterrorism law.

At press time, the PATRIOT Act appeared headed for re-

authorization, with the House voting to extend indefinitely all

but two of the act's 16 sunset provisions, proposing 10-year

extensions on roving wiretaps and searches of library, medical,

and other personal records.

Meanwhile, the Senate unanimously passed a bill that

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

Act's most intrusive stipulations.

To kick off the reform effort in early June, ACLU Na-

tional Legislative Communications Director, Phil Gutis,

conducted legislative briefings and speaker trainings in San

Par ah LIBERTIES U Coe

ai eG L ee

Francisco and San Jose, attended by hundreds of activists.

Just days later, ACLU National Executive Director Anthony

D. Romero spoke at a San Francisco press conference. He

listed the sinister consequences of the government's expanded

counterterrorism powers, from the FBI's ability to snoop into

CONTINUED ON PAGE 7

NOVEMBER BALLOT INITIATIVE

THREATENS TEEN SAFETY:

ABORTION FOES ATTEMPT T0 CIRCUMVENT COURTS

By Yasmin Anwar

Fie years after the California Supreme Court struck down

the state's parental consent law on grounds that it violates

a teenager's privacy, an initiative to amend the state Con-

stitution to require doctors to notify parents of pregnant minors

before they perform an abortion is on the November ballot.

BOARD ELECTIONS NOTICE

The ACLU-NC Board of Directors, in accordance with chang-

es adopted in 1996, have an election schedule as follows:

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-

NC membership is entitled to elect its 2005-2006 Board of

Directors directly. The nominating committee is now seeking

suggestions from the membership to fill at-large positions on

the Board.

ACLU members may participate in the nominating process

in two ways:

1. They may send suggestions for the nominating commit-

tee's consideration prior to the September Board meeting

(September 8, 2005). Address suggestions to: Nominating

Committee, ACLU-NC, 1663 Mission Street, #460, San

Francisco, CA 94103. Include your nominee's qualifica-

tions and how the nominee may be reached.

CONTINUED ON PAGE 2

WELCOME TO THE ACLU NEWS.

For the ACLU of Northern California (ACLU-NO), which

successfully represented leading health care organizations in

the decade-long battle to keep parental consent laws off the

books, passage of the measure would be a double whammy,

jeopardizing teen safety and reproductive rights.

CONTINUED ON PAGE 9

SAVE THE DATE!

GIG! PANDIAN

THE ACLU FOUNDATION ANNOUNCES THE

YOUR GIFT FOR THE FUTURE

WILL DEFEND FREEDOM TODAY

-~s~* sr

Throughout the ACLU's history, thousands of

Americans have chosen to act as stewards of our

constitutional heritage by including the ACLU

Foundation as a beneficiary of their estate.

Now, through a generous commitment by ACLU

Foundation supporter Robert W. Wilson, a bequest

provision in your will or trust will be matched with

up to $10,000 in immediate cash support to ACLU

programs. Never before has your commitment to

the ACLU been able to accomplish so much.

To request information about how your legacy

gift can benefit the ACLU Foundation today,

please complete the following:

0 Yes, I'd like to find out how to participate in the

Legacy Challenge.

Name:

Address:

Phone:

E-Mail:

RETURN TO:

Stan Yogi, Director of Planned Giving

ACLU Foundation of Northern California

1663 Mission Street, Suite 460

San Francisco, CA 94103

Or call (415) 621-2493 x330

|) CREATE A LEGACY OF LIBERTY

RMERITCAN CLVIL LIBERTIES BRIGH FOUND STEON

NC has been 1 com-

munity and my family in

he two aa but

FRONTLINE ATTORNEY RECEPTION

Joining Dorothy Ehrlich at the podium, Stephen V. Bomse,

ACLU-NC general counsel and senior partner with Heller

Ehrman LLP (center) encourages summer legal associates

to support the ACLU''s LGBT rights advocacy at the Sec-

ond Annual FrontLine Summer Attorney Reception. Matt

Coles, Director of the Lesbian Gay Rights/HIV Aids Proj-

ects, is pictured at far right. The reception was generously

underwritten by Heller Ehrman.

MICHAEL WOOLSEY

tative , staf grew under -

S DeGuzman' S watch, and she

BENEFACTORS DINNER

From left to right: Carina Ryan, Steve Silberstein, and

Wayne Jordan celebrate the ACLU-NC's 70" anniversary

at the Benefactors Dinner held March 22. The annual

event thanks ACLU-NC''s major supporters for their part-

nership in our work. Guests viewed a documentary chron-

icling the affiliate's history and heard from Legal Director,

Alan Schlosser, about future directions.

BOARD ELECTIONS NOTICE continuco trom pace 1

2. They may submit a petition of nomination with the sig-

natures of 15 current ACLU-NC members. Petitions of

nomination, which should also include the nominee's

qualifications, must be submitted to the Board of Directors

by September 28, 2005 (20 days after the September board

meeting). Current ACLU members are those who have re-

newed their membership during the last 12 months. Only

current members are eligible to submit nominations, sign

petitions of nomination, and vote.

ACLU members will select Board members from the slate

of candidates nominated by petition and by the nominating

committee. The ballot will appear in the fall issue of the

ACLU News.

REVISED ACLU-NC BY-LAWS

Article VII, Section 3: Presentation of Nominations and Ad-

ditional Nominations. The final report of the committee to

nominate members-at-large to the Board shall be presented

at the September Board meeting. Members of the Board may

propose additional nominations. If no additional nominations

are proposed by Board members, the Board by a majority of

those present and voting, shall adopt the nominating com-

mittee's report. If additional nominations are proposed, the

Board shall, by written ballot, elect a slate of nominees with

each member being entitled to cast a number of votes equal to

the vacancies to be filled; the persons nominated by the Board

shall be those persons, equal in number to the vacancies to be

filled, who have received the greatest number of votes. The list

of nominees to be placed before the membership of the Union

for election shall be those persons nominated by the Board as

herein provided, together with those persons nominated by

petition as hereinafter provided in Section 4.

Article VII, Section 4; Recommendations and Nominations

by Members of the Union. Any fifteen or more members of

the Union in good standing may themselves submit a nomina-

tion to be included among those voted upon by the general

membership by submitting a written petition to the Board not

later than 20 days after the adoption by the Board of the slate

of Board nominees. No member of the Union may sign more

than one such petition, and each such nomination shall be

accompanied by a summary of qualifications and the written

consent of the nominee. This provision of the By-Laws shall

be printed in the first page of the summer issue of the ACLU

News together with an article advising members of their rights

in the nominating process. 0x2122

*The Board of Directors of the ACLU of Northern California

revised the By-Laws of the organization in February 1995, to

change the timeline for Board election procedures.

, : NWS

THE QUARTERLY PUBLICATION OF THE

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA.

Membership ($20 and up) includes a subscription to the

ACLU News. For membership information call

(415) 621-2493 or visit www.aclunc.org/join.html.

Quinn Delaney, CHAIR

Dorothy Ehrlich, EXECUTIVE DIRECTOR

Erika Clark, EDITOR

Yasmin Anwar, MANAGING EDITOR

DESIGNER AND

EDITORIAL ASSISTANT

Gigi Pandian,

1663 Mission Street #460, San Francisco, CA 94103

(415) 621-2493

2 ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

SUSANA MILLMAN

ACLU WINS MAJOR SETTLEMENT

FOR UNION CITY STUDENTS

nion City and the New Haven Unified School District can no longer arbitrarily round up and search

By Stella Richardson

students as part of a crackdown on gang violence, according to a major settlement won by students at

Union City's James Logan High School.

`The federal lawsuit was brought by the ACLU of Northern

California (ACLU-NC) on behalf of three James Logan High

students who were among

"THESE NEW POLICIES

ARE DESIGNED TO

ENSURE THAT SCHOOLS

AND THE POLICE

WILL RESPOND T0

CONCERNS ABOUT

GANG PROBLEMS BY

FOCUSING ON CONDUCT,

NOT BY ERRONEOUSLY

LABELING STUDENTS."

-ANN BRICK,

ACLU-NC STAFF

ATTORNEY

nearly 60 youths, most of

them Latino and Asian, who

were rounded up in a police

"gang intervention" sweep

during the school lunch hour

om Feb, 22, 2002.

"I really hope that (this

settlement) will prevent my

younger brother from ever

going through what I went

through," said Brian Benitez,

one of the plaintiffs. "I was

questioned, searched and

photographed like a criminal

when I knew that I had not

done anything wrong. I knew

that the administrators and

police did not have a right to

do this."

Police officers from Union City and Fremont herded up the

students and sent them into classrooms, separating them ac-

cording to their race or ethnicity. Officers then searched, inter-

rogated, and photographed the students for a gang database.

"These new policies are designed to ensure that schools and

the police will respond to concerns about gang problems by fo-

cusing on conduct, not by erroneously labeling students based

on their race or ethnicity or on how they dress or on who their

friends are. These policies will guarantee that February 22 does

not happen again," said ACLU-NC staff attorney Ann Brick.

Among other terms, the agreement with the New Haven

Unified School District requires the district to destroy the

records, including photographs, collected in the sweep, and

prohibits any further photographing of students for a gang

database. Meanwhile, Union City must provide a sworn state-

ment that none of the information obtained as a result of the

round-up was entered into the Cal-Gang database or into any

other gang-related database maintained by a law enforcement

agency.

Also, New Haven Unified school officials must notify par-

ents, obtain their consent and allow them to accompany an

elementary school student brought in for questioning. High

ACLU QUESTIONS FBI

PRACTICES IN LODI PROBE

By Amy Stulman

his son Hamid Hayat in Lodi, California, on charges that

they lied to FBI investigators. The FBI claims that Hamid

Hayat attended a terrorist camp in Pakistan, and that his

father financed the trip. While an early affidavit says Hamid

Hayat was on a "jihadi mission" in the United States that

|: June, the FBI arrested Pakistan-born Umer Hayat and

would target "hospitals and large food stores," a later one

dropped that reference, a change that strikes Hayat's attor-

ney, Wazhma Mohaddidi,

as "as an odd turnabout."

the FBI

believes Umer Hayat gave

his son $100 a month to

attend a jihadist camp

in Pakistan in 2003 and

"WE APPRECIATE AND

RESPECT THE NEED OF

THE FBI 10 CONDUCT

INVESTIGATIONS OF

Specifically,

POSSIBLE CRIMINAL 2004.

ACTIVITY. HOWEVER ANY After extensive _inter-

rogation, Hamid Hayat

INVESTIGATION NEEDS TO

BE DONE IN A WAY THAT

RESPECTS INDIVIDUALS

RIGHTS."

-MARK SCHLOSBERG,

ACLU-NC POLICE

PRACTICES POLICY

DIRECTOR

volunteered to take a lie de-

tector test, which he failed.

He eventually confessed to

attending the camp.

Spurred by Hayat's al-

leged link to a terrorist

organization, FBI agents

went on to interrogate

more than a dozen young

Muslim men in Lodi, a

Central Valley community

that is home

to about

2,500 Paki-

stani Ameri-

`The

agency Car-

cans.

ried out an

overzealous

campaign,

even photo-

graphing at-

torneys from

the Lawyers' Committee for Civil Rights (LCCR) and the

ACLU of Northern California (ACLU-NC). Agents also at-

tended a "Know Your Rights' event sponsored by the Council

on American-Islamic Relations (CAIR) in Stockton on June

LE 2005:

In response to concerns about the Lodi investigation,

the ACLU-NC and LCCR have filed a Freedom of Infor-

mation Act request seeking information showing that the

FBI and U.S. Attorney discouraged people from exercising

their right to an attorney , as well as photographs taken

of lawyers while they were conducting their fact-finding

investigation.

"We appreciate and respect the need of the FBI to con-

duct investigations of possible criminal activity," said Mark

Schlosberg, police practices policy director for the ACLU-

NC. "However any investigation needs to be done in a way

that respects individual's rights." 0x2122

school students will also be

"| REALLY HOPE THAT

MY ACTIONS WILL

PREVENT MY YOUNGER

BROTHER FROM EVER

GOING THROUGH WHAT

| WENT THROUGH."

-BRIAN BENITEZ,

PLAINTIFF

given the opportunity to have

a parent or trusted adult pres-

ent if questioned by authorities

on campus.

Moreover, Union City po-

lice have agreed not to engage

in racial profiling on or off

campus. "We applaud both

the School District and the

City for their responsiveness in

adopting a set of policies that

address the concerns raised by

this lawsuit," said ACLU cooperating attorney Stacey Wexler

of the San Francisco law firm of Keker and Van Nest.

"These policies create a `win-win' situation for everyone,'

added John Hansen, of San Francisco's Nossaman, Guthner,

Knox and Elliott, LLP who also co-counseled the case as an

ACLU cooperating attorney.

The lawsuit, Benitez v. Montoya, was filed Jan. 30, 2003

in the U.S. District Court of the Northern District of

California. @

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)

t the ACLU Youth Rights conference at UC Berkeley's MLK Stu-

dent Union in April, one thing was clear: students were psyched.

More than 600 students from around northern California gathered

from various schools and diverse backgrounds to discuss topics ranging

from students rights to affirmative action and civil liberties.

Students hailed from Davis, Vallejo, Oakland, San Jose, An-

tioch, Concord, Elkgrove, Martinez, Union City, Santa Rosa,

Hayward, El Cerrito, and Albany, among other places.

Highschoolstudents

in the ACLU-NC's

Friedman Education

Project Youth Activist

Committee (YAC) had

put in months of effort

to organize the event,

with the purpose of

bringing together high

school students to

share their experiences

and perspectives on

issues that affect their

lives, and to develop

strategies for action.

Kicking off the

event were electrify-

ing performances by

Youthspeaks poets. Youthspeaks is an organization that

helps young people to use their voices while building lit-

eracy and critical thinking. Other young speakers, such as

UCLA Law School Student Shaffy Moeel, discussed how

her activism during high school ignited her passion for hu-

man rights and immigration law.

Student speakers affiliated with the Friedman Education

Project YAC described the impact their activism has had in

their local schools and communities, to promote racial justice,

freedom of expression, and transgender rights for students,

among other issues.

A breakdance performance by "Sisterz of the Underground,"

an all-female hip hop collective had the audience utterly cap-

tivated, prompting students to dance. This energy carried into

the range of morning and afternoon workshops that brought

out critical information and sparked animated discussions

about military recruitment and the draft, unequal education

in California, the juvenile justice system, reproductive rights,

and how to lobby political representatives.

Students gather around a Sisterz of the Underground performance.

"Tve helped to organize several conferences with the YAC,

and I thought that this was one of the most successful ones we've

ever had. The entertainment was amazing, and the workshops

ran very smoothly. I

only heard positive

feedback from _ the

students, and overall I

think it was a fabulous

experience for every-

one involved,' said

Amanda Gelender, a

senior at Castro Valley

High School.

Conference partici-

pants said the work-

shops were truly in-

formative because the

allowed students to use

=

=

a

ae

=

a

o

o

their own experiences

to learn from one an-

other and teach.

When the morning workshops ended, students headed for

the Youthspeaks poetry and writing workshops and break-

dancing workshops by Sisterz of the Underground that were

offered during the lunch break.

"The youth conference was one of the most powerful expe-

riences I've been a part of. Looking at the crowd as I spoke,

I was truly inspired to see all the people who wanted to make

a difference; it was an escape from a somewhat depressing

world," said Riley Evans, senior at Davis Senior High in Davis,

California.

Friedman Education Project YAC members have been

working for quite some time to develop workshops that

would inform students about issues that do have an impact

upon their lives directly or would impact them later, such

as military recruitment and the potential implementation

of the draft. Students now are able to take this information

and use it in different ways to promote change within their

communities.

"Tm glad to know that I've been able to work with students

information for follow-ups.

call back." (KHOU-TV, May 11, 2005)

SHARE YOUR MILITARY RECRUITMENT STORIES WITH THE ACLU

In light of recent news reports of aggressive and sometimes abusive recruiting tactics employed by the U.S. military, the

Friedman Education Project is interested in hearing about students', parents', and teachers' experiences with military

recruiters, negative or positive, throughout Northern California.

Please contact Friedman Project Youth Advocate Danielle Silk at (415) 621-2493 x368, with details and contact

Below are some examples of aggressive or questionable recruiting tactics:

Houston, Texax: Recruiters threatened to arrest a student if he didn't report to a recruiting station. Sgt. Thomas Kelt lef this

message on that young man' cell phone: "Hey Chris, this is Sgt. Kelt with the Army, man, I think we got disconnected. Okay,

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

me. Anyway, by federal law you got an appointment with me at 2 o'clock this afiernoon at Greenspoint Mall, okay? That'

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

Ohio: Recruiters in Ohio signed up a mentally ill man even after the man's parents informed the recruiters of his recent three-

week stay in a psychiatric ward. In the same New York Times article, an anonymous recruiter admits to "bending or breaking

enlistment rules for months." (New York Times, May 3, 2005)

Denver, Colo.: A high school journalist recorded a recruitment officer instructing him how to falsify a high school diploma

and pass a drug test with marijuana in his system. (CBS News, May 2, 2005)

David Cruz, formerly involved with the ACLU-NC's

Friedman Education Project in high school and now

a U.C. Berkeley student, speaks to the crowd.

on topics that are significant to all our lives in very different

ways, and hope I can continue working with the ACLU in

these type of events," said Monica Vesga of Northgate High

School.

"CHANGE IS POSSIBLE-IT MAY BE SMALL AND

INCREMENTAL, BUT IT IS POSSIBLE."

-KIRAN SAVAGE-SANGWAN, AGE 17

(JUNIOR, DAVIS HIGH SCHOOL, DAVIS, CA)

STUDENT HONORED FOR

CIVIL LIBERTIES WORK

ey Eveline Chang _

Amanda Gelender, a recent - a Cans Valley _

High School in Castro Valley, California, is one of

ten high school seniors in the nation to be honored

for their commitment to civil liberties by the Na-

tional ACLU. L

Gelender has been a passionate and dedicated.

leader with the Friedman Education Project's Youth

Activist Committee (YAC) of the ACLU of North- _

ern California (ACLU-NC). Her activism extends

far beyond that program. -

Gelender participated i in the 2003 summer pro-

gram "The War on Drugs: A Field Investigation for _

and by Youth" with the Youth Activist Commit-

tee. After the tip 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 _

testify before the California __

_ ) on bball of :

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

to 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

Berg (D-Eureka) and Lloyd Levine (D-Van Nuys). Its main

sponsor is Compassion and Choices, a leading advocate of im-

proved palliative care and expanded options for the dying.

AB 654 is modeled after Oregon's eight year-old Death

With Dignity Act, first approved by that state's voters through

a ballot initiative in 1994. The bill would allow terminally ill

patients to request and obtain a lethal medical prescription

from their doctors.

Like Oregon's law, the bill contains numerous safeguards to

protect a patient from undue influence or abuse. For example,

to obtain a prescription, a patient must make both oral and

written requests, which must be reviewed by at least two doc-

tors and, if necessary, a mental health professional. The medi-

cine can only be administered by the patient, not a physician,

family member, or friend.

Despite opponents' objections that the measure would lead

to euthanasia and disproportionately affect the uninsured,

Oregon's experience has been just the opposite. The Oregon

Health Department's seventh annual report shows that only

208 patients took the lethal medication in Oregon from 1997

to 2004. `The three most commonly cited reasons for request-

ing the lethal prescription were loss of autonomy, a decreasing

ability to participate in the activities that made life enjoyable,

and a loss of dignity.

Not surprisingly, Oregon's law has been challenged by the

Bush Administration, with the U.S. Supreme Court set to hear

n Sacra-

the case, Gonzales v. Oregon, in the next session. In previous

cases, the high court has declined to recognize a federal consti-

tutional right of terminally ill patients to obtain a physician's

assistance in ending their lives, but it has suggested that this is

a matter that should be left to each state to decide.

A recent field poll found that 70 percent of Californians

would want the option to obtain a medical prescription to end

their lives if they were battling a terminal illness. Support for

TERMINALLY ILL

PATIENTS SHOULD BE

PROVIDED THE COMFORT

AND COMPASSION

TO LIVE THEIR FINAL

DAYS WITH DIGNITY...

THE CALIFORNIA

COMPASSIONATE

CHOICES ACT

ACKNOWLEDGES

OUR INHERENT RIGHT

TO MAKE OUR OWN

DECISIONS.

the bill cuts across racial, eth-

nic, and religious lines.

ACLU members through-

out California have sent let-

ters, e-mails, and postcards

to their state representatives,

urging them to support the

bill. "The ACLU believes

that terminally ill patients

should be provided the com-

fort and compassion to live

their final days with dignity

and peace," wrote the three

ACLU California affiliates

in a joint letter to ACLU

members.

Meanwhile, opposition to

the bill, led by the Catholic

Church hierarchy, has been

| SACRAMENTO REPORT |.

raw defeat of that bill, AB 19, Assembly Member va

Leno (D-San Francisco) and legislative allies decided to

press: forward with the oo in the state Senate, _

substantial. As the debate rages in Sacramento and else-

where in California, the ACLU will continue to advocate

in favor of the individual's choice to end life on his or her

Own terms. @

now on ae

a oo

a concurrence euro vote, ut not before next year.

information of individuals, without

- to 9 whomever a access to" a

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF 5

FRESNO STUDENTS WANT ANSWERS |

ABOUT UNDERCOVER POLICE

By Julia Daniels

n Nov. 10, 2004, five dozen Fresno State University students,

members of the Campus Peace and Liberties Coalition (CPLO),

settled down to hear a lecture on veganism by animal rights ad-

vocate Gary Yourofsky. Little did they know then that six undercover

police officers were also attending the lecture.

Today, the students still don't fully understand why

the police infiltrated their campus lecture. The ACLU of

Northern California (ACLU-NC) is on the case.

Members of the co-

"CALIFORNIA HAS A alition sought the help

CONSTITUTIONAL RIGHT 2 ae ag

ropRWACY TWAS et, ned

INCORPORATED INTO

THE CONSTITUTION BY

THE VOTERS IN 1972

TO PREVENT EXTREME

GOVERNMENT SNOOPING."

-MARK SCHLOSBERG,

ACLU-NC POLICE

PRACTICES POLICY

DIRECTOR

University administra-

tion, the Fresno Sheriff's

department, and the

Fresno State University

police department.

ACLU-NC

Practices Policy Direc-

tor Mark Schlosberg

says he is hopeful that

Police

the students will get

some answers. On the

positive side, the ef-

forts to find out what

happened have spurred

the university to re-examine its policies regarding student

safety and privacy on

campus.

In response to pres-

sure from the ACLU-

NC

students, Fresno State

University President

John Welty has decided

to create a task force

and _ university

this fall to explore the

school's policy on the

presence of law enforce-

ment on campus.

Fresno State students

first caught wind of

the undercover police

presence at the lecture

during a Dec.10, 2004

meeting with university officials. "Someone mentioned that

there were no law enforcement officers at the lecture and

the police chief said, `How do you know that there weren't?'

That was the first indication that there were undercover of-

ficers," said Schlosberg. The suspicion was confirmed at a

Dec. 17 meeting.

Objecting to the undercover police presence, Fresno

State students staged a hunger strike outside the univer-

sity president's office the night of April 27, the same day

the ACLU-NC wrote to Welty asking that he explain the

university administration's role in the undercover police

surveillance.

"Tt took us going on a hunger strike to get some recog-

nition," said Ruth Obel-Jorgensen, A Fresno State student

and president of the CPCLC who has been leading the ef-

fort to get answers from police and the university.

"Their demands were that the school not spy on stu-

dents and that the school give them information about

what happened," said Schlosberg.

Fresno State students hope to learn more about the

university's policy regarding students' right to privacy.

"Is this going to be the norm now?" asked Obel-Jor-

gensen. "Now we'll never know who's watching us?"

Students at a Fresno State rally in favor of free speech.

Schlosberg says that police officers in California have

to be especially careful to respect citizens' right to privacy

and protection from government probing. "California has

a constitutional right to privacy. It was incorporated in to

the Constitution by the voters in 1972 to prevent extreme

government snooping." The 1972 amendment to the

Constitution sets California apart from other states, says

Schlosberg.

While Fresno State University police claim that they sent

undercover officers to the lecture to protect the students,

Schlosberg argues that "if the police were going to protect

the group, why not send uniformed officers and contact the

group to begin with?"

The ACLU-NC has sent a Public Records Act Request

to the Fresno County Sheriff's Department and to the uni-

versity asking that the agencies release all documents relat-

ing to the lecture. As a result of that request, the ACLU

has learned that the Sheriffs Department sent undercover

police "at the request of the Fresno State Chief of Police."

The students have learned that of the six undercover police

officers present at the lecture, three were from the Fresno

State University police department and three were from the

Fresno Sheriffs Department.

The ACLU also filed a

Freedom of Information

Act request, in hopes that

if the federal government

was involved in infiltrat-

ing the lecture, the FOIA

request would shed light

on the situation. As of

press time, the FOIA tre-

quest had not generated

any response.

Stull, the

student activists and the

ACLU-NC has _ yielded

impressive results. In early

inquiry by

MIKE RHODES

May, Welty wrote a let-

ter to Obel-Jorgensen, in

which he promised that

"police will not conduct illegal surveillance," and said that

he would "convene a task force next fall to review proce-

dures related to policing issues on campus, especially with

a view to events sponsored by public groups and student

organizations."

Also, Welty authored a letter to the campus Chief of

Police David Huerta, and director of public safety, David

Moll, stating in no un-

certain terms that, "Uni-

"TT TOOK US GOING ON A

HUNGER STRIKE T0 GET

SOME RECOGNITION."

-RUTH OBEL-JORGENSEN,

FRESNO STATE STUDENT

versity police should not

conduct surveillance ac-

tivities at university events

unless they are required

by law. We should always

make the event organizer

aware that officers will be

present."

Schlosberg says that the ACLU is pleased with Welty's

decision to explore new school policies regarding student

privacy and campus security. "We're basically happy with

what Welty has done on the policy front in terms of mak-

ing instructions for the police chief, the director of public

safety and in setting up the task force."

KEEP AMERICA SAFE AND FREE. LEARN MORE AT

6 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

BTA

FOR

eee

LIBERTIES

Mark Schlosberg speaking at a Fresno State rally.

CALIFORNIA'S CONSTITUTIONAL

RIGHT TO PRIVACY PROHIBITS

UNREGULATED SURVEILLANCE

In 1972, when Californians voted to incorporate

the right to privacy into the state constitution,

it was against the backdrop of a growing public

concern about government intrusions into per-

sonal autonomy and liberty. The era in which

the constitutional amendment was approved

was marked in many ways by unchecked law

enforcement and intelligence abuses - including

the infiltration of the civil rights and anti-war

movements. When California voters approved

the constitutional amendment, it was to take a

stand against the "proliferation of government

snooping and data collecting [that] is threatening

to destroy our traditional freedoms."

White v. Davis (1975), the first California Su-

preme Court case interpreting the newly-minted

right to privacy, came just three years later and

arose in the university context. There, a professor

brought suit against the police department for

spying and monitoring that is very similar to the

pervasive use of undercover officers described by

Public Safety Director Moll. The case involved

allegations regarding undercover police officers

gathering information in classrooms and associa-

tion meetings at the University of California at

Los Angeles. In its decision, the Supreme Court

made clear that the right to privacy prohibits

police surveillance of First Amendment protected

activity in the absence of reasonable suspicion of

a crime. @

However, Schlosberg maintains that the students and

ACLU still "need the information" about the Police De-

partment's activities. "Hopefully we'll get it," Schlosberg

says.

The infiltration of the Yourofsky lecture comes on the

coattails of a privacy violation in which Peace Fresno was

infiltrated by a member of the Fresno Sheriff's Department's

anti-terrorism unit in 2002.

In that incident, which was publicized in Michael

Moore's "Fahrenheit 9/11," the true identity of agent Aaron

Kilner, who joined Peace Fresno as "Aaron Stokes," was not

revealed until his Aug.31, 2003 death. When Peace Fresno

and the ACLU-NC asked the reason for the investigation

of Peace Fresno, Sheriff Richard Pierce left many questions

unanswered.

An apparent pattern of surveillance in Fresno is of con-

cern to the ACLU-NC, and has spurred an investigation by

California Attorney General Bill Lockyer.

However, Schlosberg remains optimistic that the ACLU

and students' negotiations will lead to greater transpar-

ency in the police community and to a greater respect

for civilian privacy. @

NATIONAL GUARD SPIES ON

PROTESTING MOMS AND GRANDMAS

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

a son or daughter in the conflict. Their message: "Bring the troops home now!" `The protest ran

By Amy Stulman

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 revealed

that a new program in the Guard, called the Intelligence

Unit, spied on the May 8 protest. In the email to Guard

Col. Jeff Davis, Col. John Moorman, chief of staff, wrote:

"Sir, Information you wanted on Sunday's demonstration

at the Capitol." Davis replied, "Thanks. Forwarding same

to our Intell. folks who continue to monitor."

The Mercury reported that the California National Guard

created the Intelligence Unit to track terrorist activities. It

now seems that the Guard is using "terrorism" as a guise

to spy on whoever it wants. Fortunately, Californians in

1972 adopted an initiative protecting against government

monitoring and surveillance in the absence of reasonable

suspicion of criminal activity. It was confirmed by White v.

Davis, the California Supreme Court case interpreting the

state Constitution's right to privacy. The National Guard's

action on May 8 is a violation of White.

On behalf of its more than 90,000 Californian mem-

bers, the ACLU wrote to Gov. Arnold Schwarzenegger and

Brigadier Gen. John Alexander about the spying incident.

The letter said, "There is nothing un-American or terror-

ism-related about the time-honored tradition of peaceful

protest against military action. Such protests unequivo-

cally are protected speech under the United States and

California Constitutions. To monitor anti-war protests

simply because of the message the demonstrators seek to

convey violates the spirit of the First Amendment and the

country's long tradition of political dissent."

The letter recommends disbanding the Intelligence Unit

for two reasons: The program is not fulfilling its expressed

purpose. And, even if it strictly monitored terrorist-related

activities, the program would seem to duplicate the tax-

funded California Anti-Terrorism Information Center

(CATIC), an organization whose existence is a threat

enough to civil liberties. If the Guard will not disband

the Intelligence Unit, the ACLU insists that the following

regulations be strictly imposed:

m Prohibit the monitoring and collection of informa-

tion on individuals and organization engaging in First

Amendment protected activity.

@ Prohibit dissemination of information already collected

to other law enforcement agencies.

m Write definitions and guidelines that make it clear that

protest activity-including protest activity involving

civil disobedience-is not terrorism.

m Regulate file storage and data retention to ensure regu-

lar purging of any databases and storage systems.

PATRIOT ACT STIRS CONCERN ses :oens:

library, medical and financial records without a war-

rant or the suspect's consent, to the alleged abuse of

terrorism suspects at Guantanamo Bay Prison and other

detention facilities.

"The idea that the government could be able to seize

these records from ordinary Americans going about

their everyday lives, without any judicial review, is what

troubles us most,' Romero said. "You never concentrate

too much power in one branch of the government.

That's the reason we have ... checks and balances and

three branches."

Romero warned that the government's definition of

terrorism under the PATRIOT Act is too broad and

ambiguous and could be used to quash legitimate forms

of protest and debate.

For these and other reasons, the ACLU and other

civil liberties and rights advocates have been pressing

SEVEN STATES AND MORE THAN

380 CITIES AND COMMUNITIES

AROUND THE COUNTRY,

REPRESENTING MORE THAN

60 MILLION PEOPLE, HAVE

PASSED RESOLUTIONS CALLING

FOR REFORM OF THE LAW.

CALIFORNIA ALONE HAS

SEEN THE PASSAGE OF 64

RESOLUTIONS OPPOSING THE

PATRIOT ACT.

for the most egre-

gious sections of

the PATRIOT

Act to sunset or

expire on Decem-

ber 31, as they

were intended to.

However, some

members of Con-

gress have been

pushing | legisla-

tion that would

renew and even

expand govern-

ment powers un-

der the law.

ACLU-NC summer interns helping with the

campaign over the Fourth of July weekend.

In response, ACLU members and allied organizations

across northern California faxed, emailed, phoned, vis-

ited and wrote letters to their senators and representa-

tives. Opinion editorials were published and members

of the public were trained to advocate for PATRIOT

Act reform.

The campaign hit the streets during the Fourth of

July weekend when ACLU interns donned sandwich

boards bearing such slogans as "My library book, The

Joy of Sex, is two weeks overdue," and "I took Viagra

this morning."

The slogans referred to the invasion of privacy that

can easily occur under the PATRIOT Act. "We're out

here ... to inform people of the atrocity and to urge

Congress to remember what makes our country so

unique and great," said Nikhil Dutta, an ACLU-NC

The ACLU also made

a formal request, under

the California Public Re-

cords Act, for all docu-

ments or correspondence

that pertains to the May

TO MONITOR ANTI-

WAR PROTESTS

SIMPLY BECAUSE OF

THE MESSAGE THE

DEMONSTRATORS SEEK

TO CONVEY VIOLATES

THE SPIRIT OF THE

FIRST AMENDMENT AND

THE COUNTRY'S LONG

TRADITION OF POLITICAL

DISSENT.

8 demonstration and all

training materials that

members of the Guard,

especially the Intelli-

gence Unit, receive, as

well as those that inform

on California's constitu-

tional right to privacy.

Perhaps most disturb-

ing about the May 8 spy-

ing operation is the Guard's explanation: "Who knows who

could infiltrate that type of group and try to stir something

up?" spokesman Lt. Col. Stan Zezotarski warned in reference

to the protest, "After all, we live in an age of terrorism."

We do, indeed, live in an age of terrorism, and what

could be more terrifying than a special Guard unit threat-

ening the very liberties that the rest of the military is fight-

ing to protect: the right to peacefully assemble, the right to

petition our government, and the right of ordinary citizens

to keep their personal information to themselves? @

intern who participated in the sandwich board demon-

strations.

The protests, which were covered by major me-

dia networks and the ethnic press, took place in San

Francisco, Sacramento, Fresno and Napa, among other

northern California cities. Participants paraded at the

Golden Gate Bridge, Bay Bridge and Ferry Building.

They urged the public to ask their Congressional repre-

sentatives to help bring the PATRIOT Act in line with

the U.S. Constitution.

The groundswell in opposition to the PATRIOT Act

has been formidable. Seven states and more than 380

cities and communities around the country, represent-

ing more than 60 million people, have passed resolu-

tions calling for reform of the law. California alone

has seen the passage of 64 resolutions opposing the

PATRIOT Act. @

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

JEFF MITTMAN

7

DEFENSE DEPARTMENT MUST HAND OVER

TORTURE PHOTOS TO ACLU

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

depicting detainee abuse by U.S. troops at Abu Ghraib prison in Iraq. The order was issued on June | by

U.S. District Judge Alvin K. Hellerstein in New York.

By Stella Richardson

"These images may be ugly and shocking, but they depict

how the torture was more than the actions of a few rogue

soldiers," said Anthony D. Romero, executive director of the

ACLU. "The American public deserves to know what is being

done in our name. Perhaps after these and other photos are

forced into the light of day, the government will at long last

appoint an outside special counsel to investigate the torture

and abuse of detainees."

The most recent court order is in response to a FOIA law-

suit, filed June 2, 2004, that generated the release of more than

35,000 pages of government documents on the treatment of

detainees by the U.S. in Iraq, Afghanistan and Guantanamo

Bay. The lawsuit was filed by the ACLU, the New York Civil

Liberties Union and the Center for Constitutional Rights.

On May 26, the court reviewed, in camera, eight docu-

ments containing photographs and images of detainees at Abu

Ghraib and ordered the government to reprocess and redact

the photographs and movies provided by Sergeant Joseph

Darby to the Army's Criminal Investigation Command.

Attorneys for the government had argued that turning

over visual evidence of abuse would violate the United State's

obligations under the Geneva Conventions, but the ACLU

argued that obscuring the faces and identifiable features of

the detainees would erase any potential privacy concerns.

`The court agreed.

"It is indeed ironic that the government invoked the Geneva

Conventions as a basis for withholding these photographs,"

said Amrit Sing, a staff

attorney at the ACLU.

"Had the government

"IT IS INDEED IRONIC THAT THE

GOVERNMENT INVOKED THE

GENEVA CONVENTIONS AS

A BASIS FOR WITHHOLDING

THESE PHOTOGRAPHS. HAD

THE GOVERNMENT GENUINELY

ADHERED TO ITS OBLIGATIONS (c)

UNDER THESE CONVENTIONS,

IT COULD HAVE PREVENTED

THE WIDESPREAD ABUSE

OF DETAINEES HELD IN ITS

CUSTODY."

-AMRIT SING,

ACLU STAFF ATTORNEY

genuinely adhered to

its obligations under

these Conventions, it

could have prevented

the widespread abuse

of detainees held in its

custody." The ACLU

expects redacted ver-

sions of the photo-

graphs and movies to

be released in the com-

ing weeks.

In April, the ACLU

sent a delegation to the

United Nations Com-

mission on Human

Rights 61%

in Geneva to urge the

meeting

ACLU CONCERNED ABOUT

O'CONNOR REPLACEMENT

By Yasmin Anwar

rom reproductive rights to expanded police powers in the war on

terror, much is at stake in the battle over who will replace outgoing

Supreme Court Justice Sandra Day O'Connor, the swing vote in

numerous controversial decisions.

President Bush has nominated appellate Judge John G. Rob-

erts, Jr., a onetime White House lawyer who has accumulated

a slim record as a judge. However, as deputy solicitor general

in the George H.W. Bush administration, Roberts signed a

brief on abortion financing that argued in a footnote that Roe

v. Wade, which established a constitutional right to abortion,

should be overturned because it "finds no support in the text,

structure or history of the Constitution."

For these and other reasons, the national American Civil

Liberties Board is considering taking a position if it determines

that the nominee's judicial philosophy is "fundamentally hos-

tile to civil liberties."

"Justice O'Connor fully earned her reputation as a centrist;

she was a conscientious jurist and, in a number of key cases,

stood up for individual rights and against a radically conserva-

tive vision of the Constitution," said Steven Shapiro, ACLU

Legal Director.

The national board has voted to oppose only two nominees

in its history: Justice William Rehnquist and former solicitor

general and law professor Robert Bork.

O'Connor has provided the fifth vote in a number of high-

stakes cases. The following are key 5-4 decisions that could be

overturned if her replacement adheres to a conservative agenda

favored by the Bush administration:

@ Grutter v. Bollinger (2003) affirmed the right of state colleges

and universities to use affirmative action in their admissions

policies to increase educational opportunities for minorities

and promote racial diversity on campus.

@ Alaska Department of Environmental Conservation v. EPA

(2004) said the Environmental Protection Agency could

step in and take action to reduce air pollution under the

Clean Air Act when a state conservation agency fails to act.

@ Rush Prudential HMO, Inc. v. Moran (2002) upheld state

laws giving people the right to a second doctor's opinion if

their HMOs tried to deny them treatment.

@ Planned Parenthood v. Casey (1992) broke with Chief Justice

Rehnquist and other opponents of a woman's right to choose

as part of a 5-4 majority in affirming Roe v. Wade.

@ Hunt v. Cromartie (2001) affirmed the right of state legis-

lators to take race into account to secure minority voting

rights in redistricting.

m Tennessee v. Lane (2004) upheld the constitutionality of Title

II of the Americans with Disabilities Act and required that

courtrooms be physically accessible to the disabled.

international body to take immediate action to address the

abuse and torture of prisoners in the U.S.-controlled deten-

tion centers. The ACLU also brought the issues of racial profil-

ing and the exploitation of migrant domestic workers to the

commission's attention.

"Nearly a year after the Abu Ghraib torture and abuses

came to light, serious violations of human rights continue to

be committed in U.S. controlled detention centers around

the globe," said Jamil Dakwar, a senior human rights attorney

with the ACLU. "No country is above the law, and the United

States should not be permitted to violate fundamental human

rights in the name of national security."

The ACLU delegation made several urgent recommenda-

tions to the commission including a request that the U.S. gov-

ernment permit human rights experts and monitors to visit,

at the earliest possible date, those persons arrested, detained

or tried on grounds of alleged terrorism or other violations

in Iraq, Afghanistan, the Guantanamo Bay military base and

elsewhere. In addition, the delegation urged other nations to

call upon the U.S. to take effective measures to prevent torture

and other cruel, inhuman, or degrading treatment of detainees

in U.S. facilities; to ensure that all violations are thoroughly

and impartially investigated; and to hold those officials who

encouraged or sanctioned such actions accountable. 0x2122

m Zadvydas v. Davis (2001) told the government it could

not indefinitely detain an immigrant who was under final

order of removal even if no other country would accept

that person.

= Brentwood Academy v. Tennessee Secondary School Athletic

Association (2001) affirmed that civil rights laws apply to

associations regulating interscholastic sports.

m Lee v. Weisman (1992) continued the tradition of govern-

ment neutrality toward religion, finding that government-

sponsored prayer is unacceptable at graduations and other

public school events.

= Brown v. Legal Foundation of Washington (2003) maintained

a key source of funding for legal assistance for the poor.

m Federal Election Commission v. Colorado Republican Federal

Campaign Committee (2001) upheld laws that limit politi-

cal party expenditures that are coordinated with a candidate

and seek to evade campaign contribution limits.

m McConnell v. Federal Election Commission (2003) upheld

most of the landmark McCain-Feingold campaign finance

law, including its ban on political parties' use of unlimited

soft money contributions.

= McCreary County v. ACLU of Kentucky (2005) upheld the

principle of government neutrality towards religion and ruled

unconstitutional Ten Commandments displays in several

courthouses. Some of the strongest language came from Justice

Sandra Day O'Connor's concurrence with the 5-4 majority, in

which she said: "Those who would renegotiate the boundar-

ies between church and state must therefore answer a difficult

question: Why would we trade a system that has served us so

well for one that has served others so poorly?"

If you're concerned about Justice O'Connor's replacement,

look for upcoming ways to take action on the national ALCU

website at www.aclu.org. Also, let your Congressional repre-

sentative know about your concerns. 0x2122

8 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

DEER VALLEY HIGH STUDENTS

WIN RIGHT TO RALLY

hen a group of high school students return to school this fall,

By Stella Richardson

they will be able to hold a peace rally and express their views on

the war in Iraq. Deer Valley High School's Students for Peace

and Justice (SFPJ) won the right to hold a rally under an agreement

reached July 12 with the Antioch Unified School District. The ACLU

of Northern California (ACLU-NC) represented the students in their

talks with the school district.

`The students asked permission in February to hold a rally,

and planned to include a folk singer, student speeches, leaf-

lets, banners and information about the war in Iraq and other

social justice issues. Although students at Deer Valley High

commonly use the school's sound system for campus activi-

ties, and the school has even allowed the U.S.

military and radio stations to play music on

campus, the principal denied the students'

request. The principal expressed concern that

the anti-war message was disrespectful of the

military and might offend people.

"The U.S. Supreme Court has recognized

that high schools are important forums for

free speech and political debate," said Julia

Harumi Mass, staff attorney with the ACLU-

NC. "As students prepare to participate in

society as adults, schools should encourage

independent thought and dialogue about cur-

rent events, even controversial ones. School

administrators certainly cannot silence stu-

dents because they disagree with the students'

message."

With the assistance of the club's advisor, the students

submitted a revised plan for a rally on March 17, and the

principal initially agreed to allow the rally to go forward.

However, the principal then restricted the students to a rally

without the use of the school's sound system, and the day

"IF WE PROHIBIT FORUM

AND DEBATE WITHIN

OUR PUBLIC SCHOOLS,

OUR DEMOCRATIC

IDEALS WILL BECOME

MEANINGLESS."

PATRICK EDELBACHER,

ONE OF THE TWO

STUDENTS SUSPENDED

before the planned rally, withdrew permission for the event

altogether. The school also placed the two primary organizers

of the rally on two-day on-campus suspensions for allegedly

harassing a military recruiter at the school, starting the day

of the planned rally.

Patrick Edelbacher, one of the two stu-

dents suspended, said: "If we prohibit forum

and debate within our public schools, our

democratic ideals will become meaningless.

In a time of war and low military recruiting

numbers, students are faced with life altering

choices and deserve the information needed

to make educated decisions. That is why it

is so important that all students have the op-

portunity to hold rallies like this."

Under the agreement, the students will be

allowed to hold a peace rally during all three

lunch periods on campus in September; use

the school's sound system for recorded music

and speeches; display banners and posters as

part of the event; and distribute literature at

the rally. The students' speeches will not be subject to any prior

review by the school administration.

The school district also agreed to remove the suspensions

from the students' records and to rescind a district-wide policy

that requires students to get prior approval for literature they

pass out on school campuses. 0x2122

peter tncers YC yct tog Westar

Sartre Ce ee eee

PARENTAL NOTIFICATION ON NEXT STATE BALLOT esse

"Mandatory involvement laws do not

transform abusive, dysfunctional families

into stable and supportive ones. They sim-

ply endanger the most vulnerable teenag-

ers,' said ACLU-NC attorney Margaret

Crosby, lead counsel for the medical as-

sociations in the court fight.

`The measure, known as Proposition 73,

would require a parent to be alerted at least

48 hours before a doctor could perform an

abortion. However, a minor could petition

a juvenile court for a waiver, which would

be granted if the court decides she is ma-

ture enough to make an abortion decision,

or if it finds that parental notice is not "in

the best interests of the minor."

Also troubling is the measure's language "a child conceived

but not yet born" to describe a fetus.

"This initiative is particularly dangerous, because it amends

the California Constitution, not only restricting abortion rights

but adding a new recognition of embryos as unborn children-

which could have far-reaching effects," Crosby said.

Bankrolling the measure are winemaker Don Sebastiani,

Domino's Pizza founder Tom Monaghan and San Diego news-

paper publisher James Holman, all opponents of abortion. The

measure's supporters argue that parents have a right to know

the medical issues facing their underage daughters.

While opponents agree that teenagers and their parents

should communicate about these very sensitive issues, the fact

protect Teens" Health.

pefend ramilies' privacy.

is not all teenagers live in loving, support-

ive households. In some cases, a family

member may even have impregnated the

minor.

Studies show that more than half of mi-

nors who have abortions let their parents

know about it. Those who opt not to tell

usually have compelling reasons for doing

sO.

Moreover, a minor who cannot talk to

either a parent or a judge may travel out

of state to have an abortion, or have an

unsafe, illegal or self-induced abortion.

If passed, the measure is also sure to have

a chilling effect on doctors who perform

abortions.

For these and other reasons, the ACLU-NC has been chal-

lenging parental consent efforts since the California law was

passed in 1987.

Because of the ACLU case, the law never actually took ef-

fect. Injunctions barring its enforcement were issued in the

aftermath of the law's passage as attorneys argued forcefully

that the law violates the California Constitution's explicit right

to privacy.

In 1992, the San Francisco Superior Court issued a perma-

nent injunction barring the enforcement of the law, and that

ruling was upheld by a state appeals court.

In August 1997, the ACLU-NC scored a victory in Ameri-

can Academy of Pediatrics v. Lungren when the state high

court concluded that the consent law violates privacy and ac-

tually undermines its stated goals of protecting the health and

welfare of adolescents and family harmony.

With the law found to be unconstitutional, parental consent

advocates are now try-

ing to get around the

"THIS INITIATIVE IS

PARTICULARLY DANGEROUS,

BECAUSE IT AMENDS THE

CALIFORNIA CONSTITUTION,

NOT ONLY RESTRICTING

ABORTION RIGHTS BUT

ADDING A NEW RECOGNITION

OF EMBRYOS AS UNBORN

CHILDREN-WHICH COULD

HAVE FAR-REACHING

EFFECTS."

-MARGARET CROSBY,

ACLU-NC STAFF ATTORNEY

courts with this initia-

tive to amend the Cal-

ifornia Constitution.

The ACLU is among

the organizations lead-

ing the Campaign for

Teen Safety to inform

voters of the dangers

of the initiative.

While all parents

rightfully want to be

involved in their teen-

agers lives, good fam-

ily

cannot be imposed by

communication

government.

This law puts vul-

nerable teenagers in

harm's way, or forces

them to go to court. A terrified, pregnant teenager doesn't

need a judge, she needs a counselor.

Vote NO on Prop 73 this November and Protect

Teen Safety. @

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF 9