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ACLU-NC Legal Foundation Applauds Court Decision Upholding Free Speech Rights Of Wilmington Street Musician (11/25/2008)
WILMINGTON – The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) applauded a ruling earlier this month by New Hanover County District Court Judge John J. Carroll, III, dismissing a criminal citation issued by Wilmington police against Peter Barbeau for playing his saxophone on the sidewalk in downtown Wilmington. Despite the fact that many people enjoyed Mr. Barbeau's music and he never received a single complaint, he was issued a criminal citation under a City of Wilmington ordinance that prohibits solicitations of any kind in the Central Business District. Judge Carroll dismissed the criminal charge, finding that the City of Wilmington's ordinance against solicitations in the downtown area violated Mr. Barbeau's right to free speech and expression. Specifically, the Order states that the solicitation ordinance "is an overbroad and hence unconstitutional restriction on speech in violation of the First Amendment to the United States Constitution."
ACLU of North Carolina Legal Foundation Applauds Settlement in "Dirty Dancing" Lawsuit Against the Town of Marshall (11/13/2008)
MARSHALL, NC – The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) today applauded the successful settlement of a six-year-old lawsuit against the Town of Marshall, North Carolina, for unfairly imposing a lifetime ban on Rebecca Willis, prohibiting her from dancing at the Town Depot, the public music hall in Marshall.
ACLU Releases Presidential Transition Plan To Restore Civil Liberties (10/27/2008)
WASHINGTON – In anticipation of the presidential election, the American Civil Liberties Union today released a set of detailed recommendations on steps that the new president should take to “clean house,” renew freedom, and restore the nation’s reputation.
Maine Law Court Strikes Down Political Endorsement Statute (10/21/2008)
PORTLAND – The Maine Supreme Judicial Court today struck down a Maine election statute as an unconstitutional restriction of political speech and a violation of the First Amendment. The court sided with a Cape Elizabeth man who challenged the law after he received a rebuke from the Maine Commission on Governmental Ethics and Election Practices in the closing hours of his Republican primary campaign for election to the Maine House of Representatives.
Ethics Commission Won't Restrict Campaign Speech (10/17/2008)
AUGUSTA - The state Ethics Commission voted 5 to 0 today to uphold free speech rights for political candidates when they dismissed a complaint filed against a Portland City Council candidate, Ed Suslovic, for his use of quotes in campaign materials.
Freedom of Political Speech Once Again In Jeopardy (10/16/2008)
PORTLAND — Tomorrow, the Maine Commission on Governmental Ethics and Election Practices will once again find itself in the middle of a dispute over campaign advertisements. At issue is a quote from Speaker of the House Glenn Cummings in praise of Portland's Mayor, Ed Suslovic. His opponent claims the quote of praise gives the false impression that the Mayor was endorsed by Speaker of the House Glenn Cummings, which Suslovic adamantly denies. The Maine Civil Liberties Union Foundation will represent Mayor Suslovic at the hearing on Friday, arguing that the quote was clearly not an endorsement and that candidates have freedom of speech when it comes to campaign advertisements.
ACLU Challenges West Warwick Political Sign Ordinance And Its Selective Enforcement Against Local Critic (10/15/2008)
The Rhode Island ACLU today filed a federal lawsuit against the Town of West Warwick, challenging its discriminatory enforcement of an ordinance that significantly limits the posting of political signs in the town. The suit was filed by ACLU volunteer attorney Richard A. Sinapi on behalf of town resident Thomas K. Jones, who is both a state legislative candidate and an outspoken critic of plans to develop a water park in the town. The suit argues not only that the ordinance violates Jones' freedom of speech, but also that it has been enforced against him by town officials in a discriminatory manner. Although signs that he has displayed have been cited for violating the ordinance, dozens of other political signs supporting other candidates have not been cited at all.
Restraining Order Issued Against West Warwick Political Sign Ordinance (10/14/2008)
In response to a Rhode Island ACLU lawsuit filed last week, U.S. District Judge Ernest Torres this morning entered a temporary restraining order against enforcement of the Town of West Warwick's political sign ordinance. The ordinance had been challenged by ACLU volunteer attorney Richard A. Sinapi on behalf of town resident and state legislative candidate Thomas K. Jones.
Satellite Beach Police Officer Unlawfully Arrested Woman Violating Her Free Speech, ACLU Sues (09/29/2008)
SATELLITE BEACH, Fla. – The American Civil Liberties Union of Florida today announced it filed suit on behalf of Kimberly Bock, who was unlawfully arrested and prosecuted for using profanity in the presence of two Satellite Beach police officers. The lawsuit was filed in the U.S. District Court for the Middle District of Florida on Friday, September 26. The judge hearing the criminal case against her threw it out of court, noting that the law is clear: using profanity alone cannot be cause for arrest.
ACLU Asks Virginia Police Chiefs to Train Personnel on the Rights of Persons Who Register Voters (09/24/2008)
Richmond, VA – The ACLU of Virginia is mailing letters today to every police chief in Virginia - 185 in all - asking each to immediately initiate programs to educate local law enforcement personnel on the right of individuals to engage in door-to-door voter registration drives.
New FBI Guidelines Open Door to Further Abuse (09/12/2008)
Washington, DC - Following a briefing today at the Department of Justice (DOJ), the American Civil Liberties Union reiterated its deep concern over new guidelines that would govern FBI investigations. The new guidelines would lower standards for beginning "assessments" (precursors to investigations), conducting surveillance and gathering evidence, and would replace existing guidelines for five types of existing guidelines: general criminal, national security, foreign intelligence, civil disorders and demonstrations.
Virginia Supreme Court Rules State Anti-SPAM Law Violates Free Speech by Curtailing Non-commercial Political Speech (09/12/2008)
Richmond, VA - The Supreme Court of Virginia today struck down a Virginia law banning unsolicited bulk emails, or SPAM, on grounds that the law is overly broad, criminalizing not only commercial SPAM but anonymous non-commercial bulk emails containing political and religious messages.
ACLU Responds To Arrest Of ABC Reporter In Denver (08/28/2008)
DENVER – Following news reports and a video showing Denver law enforcement agents ordering a reporter off a public sidewalk and pushing him into the street and later arresting him, the American Civil Liberties Union and the ACLU of Colorado called for renewed protection of the First Amendment guarantees of free speech and a free press.
Federal Court Blocks State from Enforcing Law Criminalizing Sale of Anti-War Shirts (08/20/2008)
PHOENIX, AZ – A federal judge today blocked Arizona from enforcing a new law that makes it a crime to sell anti-war t-shirts that list troops killed in Iraq. The permanent injunction striking down the law as unconstitutional ensures that Flagstaff activist Dan R. Frazier will be able to exercise his First Amendment rights by continuing to sell t-shirts featuring anti-war messages.
ACLU-NCLF Files Lawsuit Against North Carolina State Board of Elections Challenging Total Ban on Lobbyist Contributions (08/19/2008)
RALEIGH – The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) filed a lawsuit today in the federal district court for the Eastern District of North Carolina, challenging North Carolina's Campaign Contribution Prohibition, (N.C. Gen. Stat. § 163-278.13C(a)), which imposes a year-round total prohibition on certain state campaign contributions by lobbyists. The plaintiff in the case is Sarah Preston, the ACLU-NC's lobbyist, whose First and Fourteenth Amendment rights to freedom of association and free expression are being violated by the state law barring her from contributing even one dollar to the campaign of candidates for the state legislature and many other state offices at any time during the year, as long as she is registered as a lobbyist. This year-round, zero-dollar ban applies without regard to whether the would-be recipient of the contributions is, ever has been, or will be the object of Ms. Preston's lobbying efforts.
Oregon Supreme Court Finds State's Harassment Statute Unconstitutional (08/14/2008)
The Oregon Supreme Court today echoed the arguments of the ACLU Foundation of Oregon in its decision to reverse a Court of Appeals decision involving the "abusive speech" provision of the state's harassment law.
Court Strikes Down Law Used To Remove Candidate's Political Signs (08/05/2008)
Ruling in an ACLU case, a federal judge has struck down a state law that was used by the Town of Richmond to repeatedly remove former Congressional candidate Rod Driver's political signs from private property during the 2006 election. In a 25-page opinion, Judge William Smith agreed with the ACLU that the statute violated Driver's First Amendment rights.
Media Shield Debate is Vital (07/30/2008)
Washington, DC – Today the Senate voted against a motion to move forward on much-needed media shield legislation. The American Civil Liberties Union once again voiced its support for strong a law that would protect the public’s right to know and expressed its disappointment that the Senate had allowed partisan politics to trump good policy.
ACLU Calls for Senate to Back Strong Media Shield Law (07/25/2008)
Washington, DC – As negotiations continue on media shield legislation in the Senate, the American Civil Liberties Union once again voiced its support for a law that fiercely protects the public’s right to know. Last year, the House passed the Free Flow of Information Act – a bill that has real protections for journalists and their sources.
Norfolk Drops Criminal Charges against Music Artist for On-stage Comments (07/24/2008)
Norfolk, VA -- The City of Norfolk has dropped cursing in public charges against rapper Raymond "Boots" Riley, who was removed from the stage during a performance at the Bayou Boogaloo at Town Point Park in June.
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