site map || search || contact us || home
Home » ACLU Insider » Archives » February 2010 Archives

February 2010 Archives

Congress reauthorizes Patriot Act provisions
February 26, 2010

The American Civil Liberties Union reported the House passed a one-year extension of three expiring Patriot Act provisions Thursday without changes to the overly broad surveillance bill.

The provisions of the Patriot Act which were extended - the John Doe roving wiretap provision, Section 215 or the "library records" provision and the never before used "lone wolf" provision - all lack proper privacy safeguards.

Laura W. Murphy, director of the ACLU Washington Legislative Office, said in the ACLU's press release congress refuses to make reforming the Patriot Act a priority.

"Once again, we have missed an opportunity to put the proper civil liberties and privacy protections into this bill," Murphy said. "Congress should respect the rule of law and should have taken this opportunity to better protect the privacy and freedom of innocent Americans. We shouldn't have to live under these unconstitutional provisions for another year."

For more information about the Patriot Act and the ACLU's work to reform it go to: www.reformthepatriotact.org

read more »



Chicago to be part of first anti-gay housing discrimination study
February 26, 2010

The government is preparing a first-ever study of housing discrimination against gay, lesbian, bisexual, and transgendered people that will include data from Chicago and begin Thursday, according to the Huffington Post.

Starting Thursday, the U.S. Housing and Urban Development Department will enlist residents in three cities with large gay populations - Chicago, New York and San Francisco - to offer ideas on how such a study should be conducted.

Bias complaints and lawsuits nationwide make clear that gay, lesbian, bisexual and transgendered people face housing discrimination, from being turned down for apartments to being steered away from certain neighborhoods, but no one has tried to track how common such bias is. HUD hopes to begin collecting data next year.

John Knight, director of the ACLU of Illinois Lesbian and Gay Rights/AIDS Project said in the article the study should ensure it detects actual bias.

Those testing "have to think of a way to make it clear that this is a gay couple and not just two men who really can't afford to do anything than get a single apartment with a single room," said John Knight of the American Civil Liberties Union.

According to the article, advocates hope HUD's data collection could be a first step in receiving legal protection for gays under the Fair Housing Act, which currently does not cover gay, lesbian, bisexual and transgendered people.

read more »



Full-body scanners at O'hare: Invasion of privacy
February 24, 2010

The first full-body scanners will arrive next week at O'Hare International Airport, according to a Chicago Tribune article. In the article, Ed Yohnka, spokesman for the American Civil Liberties Union of Illinois said the body scanners are an invasion of privacy:

The full-body imaging machines peer through clothing -- showing shapes, folds of fat and other anatomical characteristics -- to identify possible hidden objects. Even though facial features are blurred to protect privacy, the images reveal breasts, buttocks and other private parts, prompting some civil liberties groups to call the machines an unacceptable intrusion.

"We have continued to express concerns about the use of these machines as a primary screener because it's an invasion of privacy that isn't necessary," said Ed Yohnka, spokesman for the American Civil Liberties Union of Illinois.

Colleen Connell, executive director for the ACLU of Illinois, spoke to ABC 7 news regarding privacy concerns of the full-body scanners last year. Connell said full-body scanners are a virtual strip search.

Watch the broadcast that aired on December 30, 2009.

read more »



Free staged reading of "My Kind of Town" March 8!
February 24, 2010

The Center on Wrongful Convictions invites you to a FREE staged reading of John Conroy's play about the Chicago police torture scandal, My Kind of Town on Monday, March 8th at 6 p.m.

My Kind of Town is based on the scandal surrounding Jon Burge and police torture and tells the stories of the victims, police officers, prosecutors, and the families.

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU of Illinois' privacy statement, click here.

All are welcome. Open seating. No admissions or reservations required. Donations accepted.

What: My Kind of Town: A Play About the Chicago Torture Scandal

When: Monday, March 8th from 6-8pm

Where: Northwestern University School of Law -Thorne Auditorium - 375 East Chicago Avenue, Chicago, IL

For more information, go to the Center's homepage.

read more »



ACLU of Illinois speaks in favor of nursing home task force report
February 22, 2010

The American Civil Liberties Union of Illinois spoke out in favor of some of the reforms recommended Feb. 19 in the final report from Gov. Pat Quinn's task force on nursing home safety. The Associated Press said:

The report also addresses how funds might be shifted away from nursing homes and toward community-based services and supportive housing for the mentally ill.

The reforms are similar to the goals of a lawsuit the ACLU of Illinois helped file in 2005, which according to the AP, "claims Illinois violates mentally ill residents' rights by housing them in institutions."

Ed Yohnka, spokesman for the ACLU of Illinois, spoke about the task force's reforms:

The ACLU's Ed Yohnka said the task force report represents "a sea change" in state policy.

"The nursing home industry in Illinois has had such a stranglehold on state policy that it's led to dangerous, unhealthy and unproductive conditions," Yohnka said.

read more »



ACLU calls for criminal investigation of the torture program
February 22, 2010

The American Civil Liberties Union called on the Justice Department to expand its criminal investigation of the Bush administration's torture program after a Department of Justice's Office of Professional Responsibility (OPR) report was released Feb. 19.

According to an ACLU press release, the report looked at the work of the three DOJ attorneys- Steven Bradbury, John Yoo and Jay Bybee "who authorized the torture and abusive interrogation of detainees in U.S. custody through legal memoranda the three authored while at the DOJ's Office of Legal Counsel during the Bush administration."

The press release said the Senate Judiciary Committee is scheduled to hold a hearing on the report next Friday, February 26.

Jameel Jaffer, Director of the ACLU National Security Project said:

"The OPR report confirms the central role that the Office of Legal Counsel played in developing the Bush administration's torture program, and it underscores once again that the decision to endorse torture was made by the Bush administration's most senior officials," he said.

"It also makes clear that the investigation initiated by the Justice Department last year, which focuses on 'rogue' interrogators, is too narrow. Interrogators should be held accountable where they violated the law, but the core problem was not one of rogue interrogators but one of senior government officials who knowingly authorized the gravest crimes. The Justice Department should immediately expand its investigation to encompass not just the interrogators who used torture but the senior Bush administration officials who authorized and facilitated it."

Read the ACLU's blog about the OPR report and visit the "Accountability for Torture" campaign website.

read more »



Schools vs. social networking: Oak Forest student suspended for Facebook fan page
February 22, 2010

After a student at Oak Forest High School received a five-day out-of-school suspension for creating a Facebook fan page about his teacher at his home, the American Civil Liberties Union of Illinois questioned the school's authoritative scope.

According to a Chicago Sun-Times article, Justin Bird, a sophomore, posted the Facebook page on his own time, in his home and on his computer. The article said:

On Feb. 9, Justin created a Facebook fan page for "anyone who has had a bad experience or plain dislikes" the teacher. The page also referred to the teacher in a derogatory way.

Justin said the page was up on Facebook for five days and attracted about 50 fans. But he said nobody posted comments about the teacher on the page.

Fearing a reprimand from school officials, he took it down Feb. 14. The following day, he was called in to Dean Lillie Holman's office and notified of his suspension.

Ed Yohnka, spokesman for the ACLU of Illinois said it is unclear what authority the school had to suspend Bird in the article:

American Civil Liberties Union spokesman Ed Yohnka said the organization has seen a growing trend of school officials trying to extend the scope of their authority into students' homes. Often, officials base such punishment on the vague principle of "causing a disruption to school activities," he said.

"Absent of some kind of threat, it's not clear what authority a school district has to punish a student using his own resources, in his own home and on his own time," he said.

The ACLU of Florida recently won the initial round in a case also involving Facebook and other social networking tools. The lawsuit was brought by Katherine Evans against her then Principal at Pembroke Pines Charter High School, according to a press release from the ACLU of Florida. The press release said:

While a senior at Pembroke Pines Charter School, Evans created a Facebook page entitled "Ms. Sarah Phelps is the worst teacher I've ever had" from her home computer and invited other students to voice their dislike of her teacher. After several students' postings defended the teacher and berated Evans for her opinion, Evans took the page down.

The principal and teacher only became aware of the posting after it had been taken down, and never even saw it. Nevertheless, Evans was suspended for three days and removed from Advanced Placement classes as a punishment for her Internet posting. Evans sued Bayer for injunctive relief, seeking to clear her record, and nominal damages. The Principal moved to dismiss the case.

The Court's ruling recognizes that Evans' off-campus Facebook posting of her opinion about a teacher "falls under the wide umbrella of protected speech. It was a student's opinion about a teacher, which was published off campus, did not cause any disruption on campus, and was not lewd, vulgar, threatening, or advocating illegal or dangerous behavior."

According to the Chicago Sun-Times, the ACLU of Florida's case may influence Bird's school district's decision to expunge the suspension from his record.

read more »



College students: Studying on an airplane may lead to interrogation
February 19, 2010

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU of Illinois' privacy statement, click here.

Nicholas George, a Pomona College student in California, was abusively interrogated, handcuffed and detained for almost five hours at the Philadelphia International Airport in August 2009 for carrying English-Arabic flashcards, according to the American Civil Liberties Union.

The flashcards were in connection with his college language studies. The ACLU filed a lawsuit Feb. 10 on George's behalf.

Here is what happened, according to an ACLU press release:

George was on his way back to school in California in August 2009 when he was prompted by Transportation Security Authority (TSA) agents to empty his pockets at an airport security screening point. After producing a set of English-Arabic flashcards, which each had an English word on one side and the corresponding Arabic word on the other, George was detained by the TSA agents in the screening area for 30 minutes. A TSA supervisor then arrived and aggressively questioned George, asking him questions such as how he felt about 9/11, whether he knew "who did 9/11" and whether he knew what language Osama bin Laden spoke.

A Philadelphia police officer then arrived, handcuffed George and led him through a terminal to the airport police station where he was left in a locked cell for two hours in the handcuffs, and for two more hours with the handcuffs removed. George was then interrogated for half an hour by two FBI agents. He was never informed of why he was handcuffed, detained or arrested, and he was not informed of his rights. By the time he was released, George had long since missed his flight and was told by airline officials that he would have to wait until the next day to travel.

In the lawsuit, the ACLU said the TSA officials, the Philadelphia police and the FBI violated George's Fourth Amendment right to be free from unreasonable seizure and his First Amendment right to free speech.

read more »



Congratulations Shani Davis!
February 18, 2010

Congratulations to ACLU client (and Olympic speedskater) Shani Davis for his victory in yesterday's men's 1,000 meter race! Davis is the first speedskater ever to win gold in the event twice in a row. Brian Hamilton of the Chicago Tribune writes:

Davis recaptured a gold medal Wednesday, using a turbo thrust on his final lap to finish with a time of 1:08.94, making him the first speedskater to win the 1,000-meter event twice at the Olympics. Then he finally cut loose, punching the air with the American flag in his hand on the podium, lingering on the infield to celebrate even as only a smattering of fans remained.

The ACLU of Illinois was proud to represent Davis in a 2003 suit against the City of Chicago for unwarranted stops and searches by Chicago police officers. Read more.

read more »



Covert cameras coming to Chicago
February 17, 2010

Police Superintendent Jodi Weis said he wants to replace blue light cameras with covert cameras in Chicago, according to the Chicago Sun Times.

Ed Yohnka, communications director and spokesman for the ACLU of Illinois said these covert cameras could be problematic in a Chicago Sun Times article Tuesday:

Ed Yohnka, a spokesman for the American Civil Liberties Union of Illinois, questioned how much video surveillance will be enough for the department.

"They seem committed to running light years ahead of other cities" even though there is no evidence that surveillance cameras trigger a reduction in crime, Yohnka said. He added that the advanced surveillance technology is an invitation for abuse by rogue officers.

Watch the NBC video- ACLU: Cameras Don't Fight Crime

read more »



Colleen Connell talks to Chicago Tribune- Lobbyist fee violates freedom of speech
February 17, 2010

Colleen Connell, executive director of the ACLU of Illinois spoke to the Chicago Tribune Tuesday about the 2009 law that would increase the annual lobbyist fee to $1,000.

According to the Chicago Tribune article, U.S. District Judge Joan Gottschall said the fee was too high and recently put a hold on the law.

Connell said the fee violates the constitutional right to freedom of speech:

The American Civil Liberties Union of Illinois, which brought the case, argued that the state law violates the constitutional right to freedom of speech because it requires an unreasonable fee to lobby before the Illinois General Assembly.

"Paying this excessive fee would (limit) our constitutionally protected right to address the General Assembly and to deploy staff and other resources effectively," said Colleen K. Connell, executive director of the ACLU of Illinois.

The 2009 law boosted to $1,000 from $350 the annual registration fee for the lion's share of lobbyists. It also raised to $1,000 the $150 annual fee for not-for-profit organizations, the group said.

The ACLU argued that the increase in fees exceeded the costs of administering them by more than $2.5 million, allowing the state to generate money that could be used elsewhere during its budget crisis. The group said nine states don't have any lobbyist fee at all and 14 others charge no more than $150.

read more »



Google and NSA- A freighting partnership
February 12, 2010

The proposed Google and National Security Agency partnership is supposed to protect Google from cyber attacks, according to the Washington Post, but that seemingly innocent explanation has some freighting ramifications, according to ACLU National. Here is what the ACLU said in an article on their Blog of Rights:

The NSA -- a component of the Department of Defense -- is an intelligence collection agency with few effective checks against abuse, and no public oversight of its activities. The NSA sucks up the equivalent of the contents of the Library of Congress every six to eight hours, every single day. In the last decade, the NSA's dragnet, suspicionless surveillance has targeted everyday Americans, in violation of the law and the Constitution.

To lean more about NSA spying, download our fact sheet on "America's Surveillance Society".

The ACLU also notes that if companies like Google think they need the government's help to secure their networks, then a civilian agency needs to step up to the task:

Cybersecurity for the American people should not be handed over to a military spy agency, one that is insulated from public oversight and has a history of secretly exploiting vulnerabilities, rather than fixing them.

Concerned? You can take action today by sending a letter to Google, letting them know that you object to such a deal and value your privacy online.

Check out PC World's article: ACLU Objects to Reported Google Partnership with NSA.

read more »



Legal update: ACLU goes before the U.S. Court of Appeals in Sherman v. Township High School District 214
February 10, 2010

The ACLU of Illinois participated in oral arguments before the U.S. Court of Appeals for the Seventh Circuit Wednesday in Sherman v. Township High School District 214 challenging an Illinois state statute mandating a moment of silence as "an opportunity for silent prayer or for silent reflection on the anticipated activities of the day" before each school day begins. The ACLU of Illinois argued the law is unconstitutional, "because its principle purpose was religious, because the law had the effect of encouraging students to pray and because it favors silent prayer over religions with other forms of prayer."

Adam Schwartz, senior staff attorney for the ACLU of Illinois, said in court the statute stigmatizes some religions, because not all students have their prayers accommodated within a brief moment of silence. He said some religious prayers are active, spoken, and/or lengthy.

Additionally, Schwartz said the clause, which states students may reflect on the anticipated activities of the day is archaic, because it is narrow, restrictive and ultimately pushes kids to pray.

The word "reflection" also is problematic, according to Schwartz. Will kindergarteners and children up to age eight understand the meaning of the word "reflect?" He said younger children will tend to pray opposed to the second option of reflecting. Schwartz said students in junior high school are more susceptible to peer-pressure, and if they see most of their peers praying, they will pray as well.

A decision by the court is expected in a few months.

read more »



Parental notification laws detrimental for young women
February 8, 2010

Lorie Chaiten, director of the reproductive rights project for the American Civil Liberties Union of Illinois answered frequently asked questions regarding parental notification laws in Illinois Feb. 5 on The Huffington Post.

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU of Illinois' privacy statement, click here.

Sally Burgess, director of the Hope Clinic in Belleville, Ill. included a blog post about why it is imperative to put an end to the threat of parental notification laws in Illinois:

I have seen first hand the harms that forced parental involvement impose on young women. My first clinic position in this field was as a counselor in Colorado before the state adopted parental notification. Every weekend I would counsel young women from the neighboring state of Utah, who had lied to their parents, borrowed money and often unreliable transportation, and driven long hours on strange highways and interstates to get to our clinic. It was not unusual to arrive at the clinic and find the young woman and the person who had traveled with her sleeping in a car.

They certainly didn't have money for lodging and scarcely enough for food. However, they so feared for their safety and their future that they were willing to go to extreme measures to avoid being forced to involve their parents in their unintended pregnancy. These young women feared being beaten or thrown out of their homes if their parents learned they were pregnant.

Granted, there are young women who voluntarily tell their parents; in fact, many young women come to our clinic with their mothers. Unfortunately, however, not all teens live in this reality. For those who would not otherwise tell a parent, these laws can impose irreversible physical and psychological harms. The health and well being of these young women depends of putting an end to these dangerous laws.

read more »



Updated legal docket up
February 3, 2010

The updated legal docket for the legal department is up.

Find it under the "Legal" tab, or click here: http://www.aclu-il.org/legal/docket.shtml

read more »



Happy National Freedom Day!
February 1, 2010

Today is National Freedom Day, which commemorates when Abraham Lincoln signed the 13th Amendment outlawing slavery.

National Freedom Day follows a month-long campaign to increase awareness about present-day slavery and human trafficking, according to an ACLU National Blog of Rights post.

In January, President Barack Obama issued a proclamation declaring January 2010 as National Slavery and Human Trafficking Prevention Month.

The purpose of this proclamation is to recommit the U.S. to ending human trafficking and to educate ourselves about all forms of present-day slavery and the signs and consequences of human trafficking. Human trafficking occurs around the world, including right here in the U.S. Indeed, every year more than 14,000 individuals, predominantly women, are brought into the U.S. annually and exploited for their labor, including in the commercial sex industry.

However, the ACLU said the president's proclamation may not be enough. Read the argument here.

read more »



Adam Schwartz talks to CBS 2
February 1, 2010

Adam Schwartz, an attorney for the ACLU of Illinois, spoke to CBS 2 about Chris Drew, the local street artist featured in the ACLU Insider's last post. Drew faces eavesdropping charges after tape recording his own arrest on Dec. 2 for selling art without a peddler's license in a prohibited selling area. The CBS 2 article said:

Illinois law requires consent of both parties to record a conversation. It's intended to protect privacy.

But ACLU attorney Adam Schwartz argues, the law wasn't meant to protect cops working in public.

"If you and I are standing on a corner, talking to each other, we can't expect that this is a private conversation. Anybody walking by can hear," said Schwartz. "So it makes no sense to prosecute a person in that circumstance for eavesdropping because we didn't expect that conversation to be private."

read more »

Join us on


   © 2008. This is the website of the American Civil Liberties Union of Illinois and the Roger Baldwin Foundation of ACLU, Inc. (Privacy Policy)(Site User Agreement)

ACLU of Illinois » 180 N. Michigan, Ste 2300 » Chicago, IL 60601 » Phone: 312-201-9740   Fax: 312-201-9760 » Email: acluofillinois@aclu-il.org   Website: http://www.aclu-il.org