vol. 75, no. 1

Letter from the Executive Director

Recap of Recent Events

Take Action Against the Death Penalty

Legal Briefs

rF BD Ws RDN NN

ACLU Presents California's New Attorney

General with Top Recs. for Reform

Three New Policy Reports

ACLU-NC Mailing Preferences

Helping Schools Tackle Bullying

Youu (ake @ Slane! for Bunnie Stuicies

a Oo UOUCUmICCOCS

ACLU, Tea Party Team Up for First

Amendment

The ACLU Campaigns for Justice Tour

Get Involved! List of Local Chapters

Ask the Experts: Free Speech tn Schools

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AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

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a E a i 0 im e : 2

VOLUME LXV

ACLU UNCOVERS

SECRET MISSION TO ACQUIRE

LETHAL INJECTION DRUGS

By Miriam Gerace

alifornia's massive waste of time and money on a

dysfunctional death penalty system was brought into

high relief when the ACLU of Northern California uncovered

a global, desperate scramble by the state to acquire lethal

injection drugs. The story captured national and international

headlines and resulted in editorials calling for replacement

of the death penalty with life imprisonment without parole

from the New York Times, San Jose Mercury News, Stockton

Record, Vallejo Times Herald, Long Beach Press Telegram, San

Gabriel Valley Tribune, Pasadena Star News, and Whittier

Daily News. A spoof on Comedy Central's "Colbert Report"

reached millions of viewers.

`The story begins in late September 2010, after a failed at-

tempt by the state to push through an execution before the

expiration of its last batch of a court-mandated anesthetic.

California's execution supplies seemed to be dwindling or

gone. The only U.S.-based manufacturer of the drug stopped

making it and said it would not make any more until 2011.

Meanwhile, litigation on the constitutionality of the process

was wending its way through the courts.

nS - Lethal Crug Shoriage

orde and caen lethal sieag ob and oa Deary ont the stain's Best emacatas in fen gears. (2375

The spoof on Comedy Central's "Colbert Report"

reached millions of viewers.

But in early October, the gears turned again in the state's

machinery of death. The California Department of Corrections

and Rehabilitation (CDCR) revealed that it had mysteriously

CONTINUED ON PAGE 3

ACLU PROTECTS PREGNANCY COUNSELING AT

CLINICS ACROSS THE COUNTRY, VIA AMERICORPS

By Laura Saponara

ithin weeks after he was sworn in,

President Obama rescinded the

global gag rule, which prohibited organi-

zations overseas that receive U.S. federal

dollars from providing abortion counsel-

ing or services.

But a new domestic version of the

gag rule popped up last year, when

the federal agency that oversees com-

munity health centers declared that

AmeriCorps members working at

health clinics are prohibited from pro-

viding "direct education or information

on abortions."

Because clinicians are ethically required to advise clients

of all pregnancy options, the gag rule would have barred

volunteers from engaging in pregnancy counseling.

ACLU-NC attorney Maggie Crosby and volunteer attor-

ney Shannon Leong analyzed the law that created Ameri-

Corps, the Serve America Act (SSA), and its legislative

history. They wrote to the Corporation for National and

Community Service (CNCS), which oversees AmeriCorps:

THE ACLU-NEO Ss

LETTER RESULIED

IN A VICTORY FOR

REPRODUCTIVE

FREEDOM AND

FREE SPEECH.

[The ban] will prevent pregnant women

from obtaining information and counsel-

ing that is crucial to their health and their

decision-making, especially clients from

economically disadvantaged communities

[who are] ...the people SAA is designed

to assist.

`The response resulted in a victory for re-

productive freedom and freedom of speech.

Lawyers for the CNCS agreed that

the restriction did not reflect Congress'

intent when it passed the SAA. New

guidelines were issued clarifying that

AmeriCorps volunteers serving in health

clinics may provide pregnant clients with information on

all of their options, including abortion.

Now, AmeriCorps volunteers who work in clinics are

free to provide their clients with the full range of informa-

tion they need to make fully informed decisions about their

reproductive health. @

Laura Saponara is the ACLU-NC's Communications

Director.

ing Ramona Ripston with the Chief Justice Earl

Warren Civil Liberties Award for her three decades

leading the ACLU of Southern California, Lou-

ise Rothman-Riemer and Davis Riemer with the

ie

volunteer service, and the Sonoma County Chap-

ter with the Dick Criley Activism Award for their

wide-ranging work in their community.

BILL OF RIGHTS DAY: OUR ACLU TOGETHER

n December 5, the ACLU of Northern Cali-

fornia celebrated Bill of Rights Day, honor-

ola Hanzel Courageous Advocacy Award for their

Louise Rothman-Riemer and Davis Riemer [above];

Sonoma County Chapter leaders Judith Volkart, Rick

Coshnear, and Marty McReynolds receiving their award

{top}; and former ACLU-NC Executive Director Dorothy

Photos by Mary Lunetta

Ehrlich with Ramona Ripston [right].

BENEFACTORS DINNER

Millman

Rochelle Hamilton (left), ACLU client and

student who fought anti-LGBT Harassment and

discrimination in her school district, spoke

at the 2011 Benefactors Dinner on March 15.

Hamilton is pictured with ACLU-NC Board

Chair Michelle Welsh.

BOARD ELECTION RESULTS

Congratulations to ACLU-NC's new board members,

officers and executive committee members!

Election Results: Board of Directors

The membership of the ACLU-NC has elected the follow-

ing people to serve on the Board of Directors for the 2011

term [an asterisk (*) denotes an incumbent]: *Cherri Al-

lison, *Farah Brelvi, *Christy Chandler, *Shelley Curran,

*Yohance Edwards, Cynthia Carey-Grant, *Ajay Krishnan,

*Niki Solis, *Ken Sugarman and *Natalie Wormeli. We

also thank our outgoing at-large Board member Lisa Ho-

nig and BNEB Chapter rep Elliot Halpern for their valu-

able contributions to our work and mission.

New Officers and Executive Committee Members

The ACLU-NC Board of Directors elected Mickey Welsh as

Board Chair, Ken Sugarman as Finance Committee Chair

(Secretary/Treasurer), Cherri Allison as National Board

Representative, and Simran Kaur as Affirmative Action

Officer. The Board has also re-elected Susan Mizner as

Development Committee Chair, Farah Brelvi as Legislative

Policy Committee Chair, Jahan Sagafi as Legal Committee

Chair, and Allen Asch as Field Activists' Committee Chair.

The 2011 Executive Committee will also include the

following "at-large" members: Nancy Pemberton, Elizabeth

Zitrin and Frances Strauss (member emerita); as well as

Marin County Chapter representative George Pegelow.

pe es

THE 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

Michelle Welsh

Abdi Soltani

Laura Saponara

CHAIR

eNeECUTIME DIRECTOR

EDITOR

ASSOCIATE EDITOR

DIESIONIEIR

Gigi Pandian

39 Drumm Street, San Francisco, CA 94111

(415) 621-2493

acquired 12 grams of the

drug. A bulk order for 521

grams was announced in late

November. The price, source,

process and details of the

transactions were kept secret.

Because transparency is

paramount in government,

especially when it comes to

the state's most extreme act,

the ACLU-NC requested all

related public records. When

CDCR officials stonewalled,

we filed a lawsuit. The results

were astounding.

Documents handed over by court order revealed a global

"secret mission" by state corrections officials to acquire lethal

injection drugs. California looked for the drugs from Sacra-

mento to Pakistan, eventually buying supplies from a whole-

saler operating from the back of a driving school in London.

State employee emails and attachments also reveal that the

CDCR paid a total of $36,415 for the drugs ordered from the

U.K. - $16,590 for the actual drugs and almost $20,000 in

various fees. The explanation behind one $10,000 fee has been

blacked out. (In contrast, the CDCR paid only $1,121.10 for

an August 2010 shipment of all three execution drugs.)

Other records show five other states got drugs from the

United Kingdom: Arizona, Arkansas, Georgia, South Caro-

lina and Tennessee. Since the quality of the imports is unclear,

the CDCR sent samples out for laboratory testing.

Questions also abound about the legality of the drugs and

the role of the U.S. Food and Drug Administration (FDA).

By Rebecca Farmer

Political Signs = Free Speech for

Condo Residents

|| SEEMS PUSSIBLE FAT

ILLEGAL ACTION WAS TAKEN [0

OBIAIN [HE DRUGS, AS IS [HE

POSSIBILITY OF PRESSURKE FROM

POLITICIANS IN CALIFORNIA TO

EXECUTE FIRST AND ANSWER

QUESTIONS LATER.

A week before the November 2010 election, Dr. Elliot

Greg Kamin, a local optometrist who was born in Russia

and came to the U.S. as a child, posted two political signs

inside the window of the condo he rents - one in support

of a judicial candidate, and the other opposing Proposition

L, known as the "Sit/Lie" ordinance. To his surprise, the

homeowners association for his condo complex instructed

him to remove the signs immediately, or face steep fines.

The ACLU stepped in to convey to the Ocean Beach

Homeowners Association that the free speech rights of

condominium residents are protected by a law approved by

the California Legislature in 2003. (Ihe ACLU was instru-

mental in the passage of the law.)

Facing a potential court order requiring it to obey the

law, the association entered into a settlement with the

ACLU and Dr. Kamin, allowing him to put his two signs

back up immediately, and without fear of triggering oner-

ous fines.

The 2003 law specifically protects the free speech rights

of residents of condominiums. But the law does not extend

these same protections to renters of apartments.

This year, the ACLU in California has teamed up with

state Sen. Christine Kehoe (D-San Diego) to pass a new

bill, SB 337, which would grant all tenants the right to

CONTINUED FROM PAGE 1

One email from an official

at the FDA states that drugs

were being held at a port

of entry while the agency

worked on "developing a

blanket policy". This would

appear to contradict the

FDA's later statements to

reporters that the drugs

were released according

to a long-standing policy

stipulating that the FDA

does not intervene in the

law enforcement activities

of states.

Staff attorneys Linda Lye and Michael Risher, and Death

Penalty Policy Director Natasha Minsker have filed Free-

dom of Information Act requests for more records from the

Food and Drug Administration (FDA), the Drug Enforce-

ment Administration, and Customs and Border Protection

to trace where the drugs are from and the highly irregular

process used to obtain them. It seems possible that illegal

action was taken to obtain the drugs, as is the possibility of

pressure from politicians in California to execute first and

answer questions later.

As more information is brought to light, more questions are

raised about the conduct of state and local officials, includ-

ing the enormous amount of resources being wasted and the

failure to follow the law. In the face of shrinking budgets, it is

clearer than ever that we must replace our costly and ineffec-

tive death penalty system with real solutions for public safety.

Legal challenges and related efforts continue. @

display political signs on or around their residences. An

estimated 40 percent of California households are renter-

occupied.

Keeping Digital Tracking Out of the

Schoolyard

Controversy-and a host of questions about privacy and

safety-erupted last fall when news broke that a Head Start

program in Richmond planned to track preschoolers with

radio frequency identification (RFID) chips. RFID chips

are tiny computer chips that are embedded as tracking de-

vices in identification cards, and in this case, in preschool-

ers uniforms.

The ACLU-NC joined forces with the Electronic Fron-

tier Foundation to call into question the use of invasive

surveillance technology with young children.

In addition to privacy concerns, placing chips on chil-

dren raises a safety issue. Devices that read the information

on RFID chips can glean data from quite a distance if they

are not properly secured. This means that someone who

possesses a reading device and has no relationship to the

school could gain access to information about the chil-

dren's whereabouts.

The ACLU and EFF have asked local and federal ofh-

cials for information about why the government decided

to track these students, and about how the data collected

is used and stored. The ACLU and EFF have also called on

school officials to ensure that there is a process in place to

ACLU UNCOVERS "SECRET MISSION" TO ACQUIRE LETHAL INJECTION DRUGS

TAKE ACTION ON THE

DEATH PENALTY!

WRITE TO GOV. JERRY BROWN

AND TELL HIM:

Y Cutting the death penalty will save California

$1 billion over five years without necessitating

the release of a single prisoner.

Vv By converting California's 710 death

sentences to permanent imprisonment, we

would ensure that each of those 710 prisoners

would remain in prison with absolutely

no possibility of parole and would be

accountable to victims' families through work

and restitution to them.

V Prioritize effective law enforcement and the

needs of victims over our state's dysfunctional

death penalty. Cut the death penalty today,

save money, and keep our communities safe.

Governor Jerry Brown

c/o State Capitol Suite 1173

Sacramento, CA 95814

protect the privacy and safety of schoolchildren, to make

sure parents are fully informed about the privacy and safety

risks of RFID technology, and to provide an opt-out pro-

gram for concerned parents.

The Richmond Head Start program modified its RFID

plan to eliminate long-range tracking. The ACLU-NC will

continue to be on alert for potential misuse of RFID in

schools and other government programs. The ACLU has

opposed the use of the chips in government-issued ID

cards, including driver's licenses.

Victory for Tuition Equality

The ACLU applauded a unanimous California Supreme

Court ruling in November declaring that students who at-

tend at least three years of high school in California before

graduating are eligible for in-state tuition rates at public

colleges and universities, regardless of their immigration

status. The Court found that federal law did not bar Cali-

fornia from offering tuition equality to students.

The ACLU joined the National Immigration Law Cen-

ter, the ACLU of Southern California and the ACLU of

San Diego and Imperial Counties in filing a friend-of-the-

court brief in the case, Martinez v. Regents of the University

of California. @

Rebecca Farmer is the ACLU-NC Media

Relations Director.

ACLU PRESENTS CA'S NEW ATTORNEY

GENERAL WITH TOP RECS. FOR REFORM

By Kelli Evans

he ACLU is working on an ambitious policy agenda for California this year, and recently pre-

sented the new attorney general, Kamala Harris, with a series of recommendations to help make

California a safer and more just state for all of its residents. The ACLU's recommendations cover

three critical areas: criminal justice reform, immigrants' rights, and online privacy.

Criminal Justice Reform

California has the dubious honor of being the world's leader

when it comes to locking up its residents. State spending on

corrections has skyrocketed and now outpaces the amount

_ spent on our public universities. In addition to consuming

enormous resources at a time when the state is struggling to

provide its residents with the most basic services, California's

criminal justice system is ineffective, unfair, and racially dis-

criminatory.

The ACLU recommends the following changes, which will

increase public safety, accountability and fairness, and will en-

hance the effectiveness of the criminal justice system.

1. Stop sending non-violent offenders to prison. Utilize al-

ternatives to incarceration. Simple, smart-on-crime

sentencing reforms-such as making possession of

small amounts of drugs a misdemeanor instead of a

felony-would save taxpayers hundreds of millions of

dollars without compromising public safety.

2. Emphasize rehabilitation. Transfer a portion of existing

dollars in the corrections budget to local authorities to

provide rehabilitation and drug treatment programs.

3. Ease the way for people with past criminal convictions to

move forward and lead productive lives-to find jobs,

housing, loans and scholarships. Criminal convictions

can carry negative consequences for many years-

barriers that make it difficult to re-enter society and

succeed.

4. Support efforts to provide services to all victims of crime,

even those with felony convictions. At present, people who

are victims of serious crimes are often denied assistance

from the California Victim Compensation Fund if they

have a felony conviction, no matter how minor. This

means that many crime victims are deprived of basic

supports like grief counseling or financial support for

funeral services for a loved one.

5. Issue guidelines to regulate police surveillance and intelli-

gence-gathering that targets individuals or groups engaged

in political or religious activities. This is one way to help

prevent law enforcement from engaging in racial or reli-

gious profiling or targeting political activists.

6. Investigate and begin to remedy patterns of police

misconduct in California. The attorney general has

the authority to intervene when police departments

engage in a pattern of misconduct such as using ex-

cessive force or falsely arresting people. Historically,

the attorney general's office has not prioritized end-

ing police misconduct among its enforcement goals,

and the ACLU believes that it should.

Immigrants' Rights

When local police officers act as immigration agents, the pub-

lic safety of our communities suffers. People, including crime

victims, become afraid to report crime for fear of the possible

immigration consequences, resulting in lawbreakers being free

to commit additional crimes. Scarce law enforcement resourc-

es are much better spent focusing on violent crimes than being

diverted to enforcing federal immigration laws.

The ACLU recommends the following to limit the fiscal and

human costs of unfair policing of immigrant communities:

7. Work with local law enforcement agencies to encourage

them not to engage in federal immigration enforcement un-

less it is necessary in individual cases to ensure public safety.

8. Issue guidance to local law enforcement agencies to stop

checkpoint and vehicle-impoundment policies that do not

further public safety. At present, checkpoints intended

to deter drunk driving result in the impoundment of

vehicles of drivers who are unlicensed but pose no dan-

gers. Such practices have a heavy and disproportionate

impact on poor and immigrant communities.

9. Review implementation of the so-called "Secure

Communities" program in California. This program,

which requires local law enforcement agencies to

provide the federal government with the fingerprints

of individuals who are arrested, was intended to

target the "most serious criminal aliens." The effect

has been the opposite: Of nearly 20,000 people

arrested and deported in California in the first year

of the program, 25 percent were never convicted of

any offense. Ifa review determines that the program

has not been an effective tool for increasing public

safety, take steps to modify the implementation of

it or to terminate it.

Free Speech and Online Privacy

The Internet has transformed the way we communicate and

has enhanced our ability to access information and engage in

both public and private discourse. At the same time, our online

activities speak volumes about each of us, including what we

read or browse, what we like or buy, what medical conditions

we may have, where we go and who we know. Companies are

eager to collect this detailed information, and the informa-

tion is frequently combined, used, shared, and sold-often

invisibly. Laws protecting our privacy have not kept pace with

technological advances.

The ACLU recommends the following as ways to upgrade

our much-needed privacy protections:

10. Hold a conversation among industry leaders, the public,

and speech and privacy advocates to reinforce the idea

that the Internet is a necessary and powerful platform for

free speech that benefits all Californians.

11 Ensure that companies doing business in California com-

ply with laws requiring them to inform customers about

sharing their personal information with other companies.

The ACLU is supporting SB 602, the Reader Privacy

Act, in order to safeguard reader privacy in the digital

age. This law would help ensure that the government

and third parties cannot access our private digitial

reading records without proper justification. @(R)

Kelli Evans is the ACLU-NC's Associate Director.

THE ACLU-NC'S 2011 CONFERENCE AND LOBBY DAY

f rom March 19-21, ACLU activists, community partners, and student leaders spent

time learning, inspiring, and getting to know one another. With workshops on

a range of current civil liberties issues, the ACLU-NC 2011 Conference focused on

opportunities for common sense criminal justice reform amidst the California state

budget crisis.

Monday's Lobby Day at the State Capitol included an energetic rally to call on

legislators to stop sending non-violent offenders to prison and instead devote resources

to higher education, health care, social services, and re-entry programs. @(R)

At right, Fresno State graduate student and ACLU activist Hector Cerda speaks to the

crowd at Lobby Day. Far right, Berkeley activist Linda Halbern in action in Sacramento.

THREE NEW POLICY REPORTS

FROM THE ACLU-NC

Costs and Consequences:

The High Price of Policing Immigrant

Communities

In April 2010, Arizona Gov. Jan Brewer signed a law allowing

police officers to ask people for their identification even if the

officers have only a "reasonable suspicion" people are in the

U.S. unlawfully. Almost overnight, fundamental American

values of fairness and equality before the law took on renewed

urgency.

In addition to eroding fairness and equality, police

practices with immigration consequences also take a

significant toll on local budgets and communities. Many

encounters with police that funnel individuals into

the federal immigration system-arrests for suspected

unlicensed driving, for a lack of state ID, and at checkpoints,

for example-are paid for on the local dime. And local

police are rarely reimbursed by the federal government

for the costs of custody, food or medical

care of persons held at Immigration

and Customs Enforcement's request.

Costs and Consequences puts forth

specific recommendations that allow local

police to enforce the law without diverting

precious public safety dollars or violating

the rights of California residents. For exam-

ple, local officers have the discretion to "cite

and release" rather than to arrest individuals

who dont have a state driver's license.

The ACLU-NC recently sent a letter mak-

ing this case to sheriffs across the state, asking

them to cease costly and harmful practices

that target immigrant communities while not

making our communities safer. The afhliate

is also working with immigrant community

groups to understand their constitutional rights

and to meet with local sheriffs to revise policies.

Racial and Ethnic Disparities in

Alameda County Jury Pools

Despite the diversity of Alameda County, jurors are being

selected from pools with insufficient representation from

communities of color. The disparities are striking: while

African Americans represent approximately 18 percent

of the eligible jury pool, they comprised 8 percent of the

people who appeared for jury duty in 11 recent felony trials

examined in this study. One-third of eligible Latino jurors

did not appear for service.

The composition of a jury can have a significant impact

on the fairness of a trial. This report recommends updating

the jury pool computer program used by the courts, and

instituting a "failure to appear program," among other

simple steps to help create jury pools that more accurately

reflect the racial and ethnic diversity of the community.

ACLU-NC staff requested a meeting with Presiding Judge

Jon Rolefson, who has the authority to institute these

improvements. He declined. The ACLU-NC continues to

inquire as to whether changes are underway.

Location-Based Services:

Time for a Privacy Check-In

Need to get directions when you're lost? Want to know

if your friends are in the neighborhood? Location-based

services (LBS)-applications for computers and smart

phones that make use of your current location to provide

you with information-can put knowl-

edge like this in the palm of your

hand.

But outdated privacy laws mean

that sensitive information about who

you are, where you go, and what you

do may end up being shared, sold, or

turned over to the government.

This new guide outlines privacy consid-

erations for LBS, including a side-by-side

comparison of the privacy practices of sev-

eral popular products. Also highlighted are

opportunities for consumers, businesses, and

policymakers to work together to update and

enhance privacy protections so that you're not

forced to choose between using LBS and keep-

ing control of your private information.

You can read all of these reports at www.

aclunc.org. @

ACLU-NC MAILING PREFERENCES

| To Our Members:

Mailings to our members and the general public provide opportunities to describe com-

plicated legal and political issues in ways not possible in other media and to describe

strategies we plan to use for future actions. They enable us to explain, in detail, the ben-

efits and provisions of the Constitution and the Bill of Rights, the ways our rights can be

protected in today's world, and the costs of preserving those rights. We use the mail to

inform people of the importance of our legal work and to solicit funds that enable us to

continue our litigation, public education, and legislative lobbying.

Sometimes, as part of our program to find and recruit members, we exchange or rent our

list of members' names to like-minded organizations and publications. We do this so that

we will be able to send our membership letters to their lists.

The ACLU never makes its list available to partisan political groups or those whose

programs are incompatible with the ACLU's mission. Whether by exchange or rental,

the exchanges are governed by strict privacy procedures, as recommended by the U.S.

Privacy Study Commission. Lists are never actually given into the physical possession

of the organization that has rented them or exchanged for them. No organization ever

possesses our list and no organization will ever see the names of the members on our list

unless an individual responds to their mailing.

While mailings-under strict privacy guidelines-form the basis of our new member

acquisition program, and are key to our growth, we understand some members do not

wish to receive solicitations from other groups and we gladly honor requests from our

members to be removed from the process. Once you make this election, you do not

need to do so again unless you wish to change your preference back.

If you do not wish to receive materials from other organizations, please complete this

coupon and send it to:

ACLU Membership Department

125 Broad Street, 18th Floor

New York, NY 10004

OI prefer not to receive materials from other organizations. Please eliminate my

name from membership exchange/rental lists.

Member #

Name

Address

City, State, Zip

By Rebecca Farmer

HELPING SCHOOLS TACKLE BULLYING

es has some of the best laws in the country to protect students who are lesbian, gay, bisexual or

transgender (LGBT), or who are perceived to be. But the unfortunate reality is that anti-LGBT harass-

ment is still far too widespread. Schools don't always have the tools or knowledge to adequately protect

students from bullying, harassment and discrimination.

Seth's Story

Seth Walsh was a sweet, intelligent boy who loved his family

and did well in school. He was also gay. And for this, he en-

dured years of relentless bullying and verbal abuse at his school

in Tehachapi, a small town outside Bakersfield. On Sept. 19,

2010, Seth hanged himself from a tree in the family's back-

yard. He was on life support for nine days before he died on

Sept. 28. He was only 13 years old.

Wendy Walsh, Seth's mother, teamed up with the American

Civil Liberties Union to help make a difference in the lives of

LGBT youth who are bullied at school. After investigating, the

ACLU found that officials in the Tehachapi Unified School

District knew about and largely ignored the harassment Seth

faced. The U.S. Department of Education also launched an

investigation of the school district. The ACLU is urging the

district to take immediate steps to create a safer environment

for students who are LGBT, or who are perceived to be. (Read

more online at aclu.org/sethwalsh)

"Public schools have tremendous power and responsibil-

ity to protect students from bullying and harassment," said

Elizabeth Gill, staff attorney at the ACLU. "Better school

procedures and policies to prevent and address bullying will

make a safer environment for students who are suffering, and

can even save lives."

In a recent national survey, nine out

of 10 LGBT students reported being

harassed at school. The problem persists

in California as well, with LGBT stu-

dents reporting significant harassment.

The California Safe Schools Coalition

in 2010 that 42 percent of

California students who identify as les-

reported

bian, gay or bisexual and 62 percent who

identify as transgender reported being

harassed at least once based on gender

non-conformity.

What's more, young people often face bullying and harass-

ment based on what their peers perceive to be their sexual

orientation, regardless of whether they identify as being

LGBT. According to the most recent California Healthy

Kids Survey, 12 percent of seventh graders and 10 percent of

ninth graders reported being harassed based on their actual

or perceived sexual orientation.

The consequences of bullying and harassment can include

falling grades, depression and risk of suicide. LGBT youth are

three times as likely to seriously consider suicide as hetero-

sexual youth.

Seth Walsh

"Seth's Law"

The ACLU is co-sponsoring a new bill in the

California Legislature, AB 9 ("Seth's Law"),

which would strengthen existing state laws

by requiring every school district to do the

following:

Create strong and clear anti-harassment

policies and programs, if they don't have

them already.

Have a system in place to ensure that all

reports of harassment are taken seriously, ad-

dressed quickly, and that parents and students

understand the process of making these complaints.

Explain the harmful impact of bullying and discrimination

to students and staff.

Provide ongoing professional development for teach-

ers, school counselors and administrators about identifying

and stopping harassment and discrimination, and creating a

school-wide culture of inclusion and respect for difference.

Join the ACLU-NC's action alert network and become part

of the statewide effort-tled by a strong, cohesive and deter-

mined coalition of LGBT rights organizations-to see this bill

through. Visit www.aclunc.org and click on "sign up" in the

right-hand corner. @

YOUTH TAKE A STAND FOR

ETHNIC STUDIES

rr spring, the ACLU-NC's Friedman Youth Activist Committee partnered with the Bay Area-

based activist organization Youth Together to sponsor the Tenth Annual Ethnic Studies Con-

By Bethany Woolman

ference. Amid the hateful wave of anti-immigrant rhetoric and lawmaking in states like Arizona,

where legislators have also effectively outlawed ethnic studies, the Ethnic Studies Conference is an

expression of solidarity among young people who believe that cultural diversity and intellectual

freedom are strengths to be celebrated and defended.

The conference, held at UC Berkeley on March 16, brought

together hundreds of youth from across Northern California

to discuss critical issues in higher education, social justice or-

ganizing, and cross-cultural solidarity.

Attendees got a chance to develop their leadership skills and

learn about the critical role of ethnic studies. In addition to

co-sponsoring and helping organize the conference, Friedman

youth showed their video on immigration from their summer

trip. In creating the video, the youth highlighted the ways they

had learned and grown from their summer experiences.

The Friedman Youth Activist Committee has also developed

a special curriculum for a workshop on immigration and eth-

nic studies that invites students to tell their own immigration

story and reflect on the power of their unique American expe-

rience. Several Friedman youth began conducting the work-

shop at their schools in advance of the conference, and plan to

: a : At left, Shadin Awad participated in the conference as

make the curricula available to more schools and students in

the future. @

an Emcee. Above, Sophie Chen holds up a poster made

during the Friedman summer trip on immigration.

ACLU, TEA PARTY TEAM UP

FOR FIRST AMENDMENT

WX Then the city

of Redding

attempted to impose

new festrictions on

where, when and how

residents may hand

out leaflets in front

of the public library,

leaders of the Shasta-

Telianm ae etm tiny

Chapter stepped in

to wage a vigorous

defense of the First

Amendment. So did

activists in the North

State: Vea Varty, Alli'

ance, and the conver-

gence of convictions

has sparked an utterly

civil exchange of ideas.

Chapter Chair Don

Yost was featured on a

local radio talk pro-

gram with Tea Party

activist Tim Pappas, who also serves as Shasta's assistant

public defender.

Then Yost was invited to one of the local Tea Party's week-

ly meetings to talk about the ACLU's views on the leaflet

controversy. He accepted, and with fellow ACLU member

Chapter leaders Oertel (left) and Yost in front of the Redding

Public Library, with the ACLU-NC's Know Your Rights guide to

free speech in California.

John Oertel, spoke

to a receptive audi-

etiee Of lO: lea Party,

activists gathered in

a church sanctuary.

Oertel read excerpts

ACLU-NC

Know Your

from

primer

Rights: Free Speech,

Protests and Demon-

strations in California

and free copies were

eagerly received.

Recounted Yost,

"We explained our

belief that speech is

for everyone, regard-

less of whether one

aerees swith their

point of view. Ev-

eryone listened with

interest and respect.

There seemed to be

lots of agreement."

The Shasta Public Library Advisory Committee is in the

process of reviewing the public's objections to the new restric-

tions. One proposed restriction that would require a librarian

to preview material before it is allowed to be distributed, has

already been shelved. @

THE ACLU CAMPAIGNS FOR

JUSTICE TOUR

his spring, Executive Director Abdi Soltani

and other staff are travelling throughout

northern and central California to meet with

community leaders, campus leaders, legislators,

and civil liberties activists as part of the Cam-

paigns for Justice Tour.

At Right, Organizer Daniel Galindo [far left]

and Senior Organizer Ashley Morris (far right]

met with student leaders during a lunch-time

student meeting at Sacramento State.

Below, ACLU-NC Executive Director Abdi Soltani

(far right} met with student leaders at San Jose

State during a lunch-time briefing as part of the

Campaigns for Justice Tour.

Below, Abdi Soltani with UC Merced students.

: The ACLU is seeking _

_photo-journalist volunteers

Interested in taking photos -

on assignment in your _

tt AA oan

for more information. _

f - | region once or twice a year?

5 . Contact photos@aclunc.org

GET INVOLVED!

CHAPTERS AND CLUBS

IN YOUR COMMUNITY

Northern Calfornia Chapters

Berkeley/North East Bay

Chico

Greater Fresno

Mt. Diablo

Marin County

Mid-Peninsula

Monterey County

North Peninsula (Daly City to San Carlos}

Paul Robeson (Oakland)

Redwood (Humboldt County]

Sacramento County

San Joaquin

Santa Clara Valley

Santa Cruz County

Shasta-Tehama-Trinity Counties

Sonoma County

Stanislaus County

Yolo County

Campus Clubs

Golden Gate University

Santa Clara University Law

Stanford University

UC Berkeley

UC Davis King Hall Law

Get contact information at

WWW.ACLUNC.ORG/ACTION/CHAPTERS

or by calling (415) 621-2493 x369

FREE SPEECH Ls

Social media and other emerging technologies are fundamentally altering how students interact and express them-

selves in school. Staff Attorney Linda Lye explains the history of student free speech, and discusses technology's

modern twist on the First Amendment.

Can you give us an example of a landmark

student free speech case?

In December 1965, a group of Iowa residents decided

to wear black armbands in protest of the Vietnam

War. The local schools in Des Moines adopted a policy

in response, banning armbands in school. But three

students, John and Mary Beth Tinker and their friend

Christopher Eckhardt, stood up for their beliefs and

wore their armbands to school nonetheless. They were

suspended.

In Tinker v. Des Moines Independent Community School

District, the U.S. Supreme Court famously explained that

neither "students [n]or teachers shed their constitutional

rights to freedom of speech or expression at the school-

house gate." School officials can only regulate student

speech if it materially or substantially disrupts the school

environment, or invades the rights of others.

`The ruling was a historic victory for students' rights. The

Court affirmed that school authorities cannot use their

disciplinary power to censor speech simply because it is

controversial or critical. As the Court explained, censoring

of student speech must be "caused by something more than

a mere desire to avoid the discomfort and unpleasantness

that always accompany an unpopular viewpoint."

What rules apply to student speech rights

in public school today?

Tinker still applies. The Tinker case nicely illustrates the

First Amendment values at stake because it involved clas-

sic political speech that contributes to robust debate in a

democratic society, that is, exactly the sort of speech that

the First Amendment was designed to protect. But Tinker

is not limited to political speech. This is important be-

cause young adults need to be able to express themselves

on a range of issues, whether they relate to politics, a stu-

dent's sexual orientation, or a favorite musician.

`The doctrine has evolved somewhat since Tinker. The

general rule now is that schools can only prohibit or

regulate speech if it is lewd or obscene, advocates illegal

drug use, causes a substantial disruption to the school

environment, or invades the rights of others.

Unless one of these conditions applies, schools may

not stop students from discussing a controversial topic,

chronicling or fueling controversy by writing for the

school newspaper, or criticizing school rules.

Couldn't one argue that controversial

speech substantially disrupts learning?

The First Amendment always requires us to balance

competing interests. Controversial speech is exactly

the kind of speech that the First Amendment was

designed to foster. So schools cannot censor speech

based merely on anticipating a listener's reaction to

the speech.

California has even more robust free speech protec-

tions for students than is the case in federal law, especial-

ly when it comes to student newspapers. Smith v. Novato

Unified School District, a case that arose nearby, involved

a student who published an editorial in the student

newspaper staking out a very controversial and even of-

fensive position on immigration. What's important to

emphasize is that his speech was not targeted at specific

students; he was weighing in on the overall immigration

debate. But students were really upset by what he said

and there was a huge uproar on the campus. The Cali-

fornia Court of Appeal ruled that his statements were

absolutely protected.

Students these days are `digital natives" -

born into the world of personal computers

and social media. How is new technology

challenging the way we think about free

speech rights in schools?

The facts and circumstances change but the legal

principles don't. So, for example, let's go back to

the Smith v. Novato case. The student published the

editorial about immigration in the school newspaper

and it was protected, even though it was controversial

and some students were offended. If he then posted

it on his Facebook page, and more students read it,

and more students got offended, it should still be pro-

tected. The fact that his words are featured in a new

platform, and can travel swiftly and reach a wider au-

dience, doesn't alter the law, which protects his right

to speak his mind.

What is cyber-bullying, and how does it

relate to the limitations on student speech?

Bullying can happen in person or online. Electronic bul-

lying, also known as cyber-bullying, is a real and trou-

bling phenomenon. Schools can and should act swiftly

to intervene when traditional or cyberbullying happens.

Schools have a legal and moral obligation to ensure that

all students can learn in a safe and welcoming environ-

ment and that they have equal access to educational

opportunities.

We're hearing about the problem with increasing

frequency because a lot of the bullying that happens

these days is cyberbullying. But it's an age-old

problem schools have had to confront: When does

speech cross the line from the merely controversial

or offensive, to the harassing and bullying? In

our view, speech, whether cyber or not, loses its

constitutionally protected status once it targets and

harasses a particular student, and actually affects the

educational environment.

Linda, you recently worked on a case

in which a student was suspended for

saying insulting things about a teacher on

Facebook. Tell us a little more about that.

In this recent case, Donny, a high school sophomore in

the Sacramento area, got upset when his biology teacher

assigned three times the normal amount of homework.

He blurted out on his Facebook page that his teacher

was a "fat ass" and a "douche bag."

Donny apologized to the teacher and even removed

the posting, but the school still suspended him. Don-

ny's parents were not thrilled about his language. But

they stood up for the principle that young people have

the right to voice criticisms of authority figures, and

they are absolutely correct. We informed the school

district that the suspension violated Donny's free

speech rights under state and federal law, and asked

that the suspension be expunged. `The district quickly

agreed to do so.

We are seeing many similar cases taken up by

ACLU affiliates in other parts of the country. The

technology changes, circumstances change, but the

legal principles don't. It's up to all of us to be aware of

our rights, and to understand the significance of the

First Amendment, irrespective of the media we use to

express ourselves. @

This interview was conducted and compiled by

ACLU of Northern California Communications

Fellow Bethany Woolman.