PATRIOT ACT VICTORY:

An Update from Anthony Romero

Yesterday supporters of freedom won a significant Patriot Act victory. The House of Representatives unanimously approved a motion favoring a four-year expiration on some of the most controversial provisions of the Act. This "motion to instruct" the joint conference committee members won wide bipartisan support and signals that leaders are concerned about the secretive powers at the heart of the Patriot Act controversy.

While the motion is non-binding, it sends a powerful message just as the conference committee prepares to vote on the competing versions of the Patriot Act passed by the House and the Senate. It is a rebuke to the Bush administration and their effort to make all of the expiring Patriot Act powers permanent or extend them for ten years before the next review.

This vote shows that the ACLU, its bipartisan allies and supporters like you are genuine participants in the struggle to bring the Patriot Act in line with the Constitution. Many people thought renewal of the Patriot Act this year would be a quick slam dunk for the Bush Administration, but today Congress sent a different message. This achievement proves that we are winning this historic debate.



National Security Letters have received criticism in recent days due to a front-page article that ran in The Washington Post on Sunday. You can read it here.

The New York Times and The Washington Post editorials on the death penalty provisions of the Patriot Act can be found at:
New York Times
The Washington Post



Among the alarming proposals getting renewed public attention are the Patriot Act expansions to the federal death penalty, including new jury rules that make it easier to push for executions and a threefold increase in the number of federal crimes that can be punished by death.

The ACLU is aggressively fighting these proposals. Already, Mary Jo White, the former federal prosecutor who has tried several al Qaeda suspects, publicly opposed the measure. As public outcry over Patriot Act powers grows, both The New York Times and the Washington Post have weighed in against the House death penalty expansions.

Our fight against secret records demands via "National Security Letters" is also making steady progress in the courts. Last week we presented oral arguments in our two federal cases challenging this inherently abusive power.

The first case reached the Second Circuit after a judge struck down one NSL power in the Patriot Act as entirely unconstitutional. The newer case involves an organization with library and Internet records whose identity we cannot disclose because of a government gag order. A lower court has already ruled that the gag violates the First Amendment, and we are now arguing on appeal to help our client to be heard right now, during Congress s critical Patriot Act debate.

We now know that 30,000 National Security Letters are issued by the government per year, a hundred-fold annual increase since the passage of the Patriot Act. Just this week, powerful Senators from both parties responded with alarm to the magnitude of these secret searches and rule change (by then Attorney General John Ashcroft) enabling the FBI to keep all records they gather during these secret searches, regardless of their ultimate relevance to the investigation or the finding of any actual wrongdoing.

Again, I thank you personally for your support. Without it, we could not have raised such a large and bipartisan chorus of voices in favor of reform.

Read more about Wednesday's victory in the House, and get the latest updates and commentary on our Patriot Act Blog.


Senate Urged to Explore Supreme Court Nominee Alito's Record

The ACLU has urged the Senate to carefully examine the civil liberties record of Judge Samuel Alito, President Bush's nominee to replace Sandra Day O'Connor on the United States Supreme Court, especially given Justice O'Connor's pivotal role on the Court.

As the organization that participates in more cases before the Supreme Court than any group except the government itself, the ACLU has a profound appreciation for the Court's role as the ultimate safeguard of our constitutional liberties.

Justice O'Connor has provided more than a swing vote on the Court. She has been a moderating voice on critical civil liberties issues ranging from race to religion to reproductive freedom. Judge Alito's position on each of these issues has been more hostile to civil liberties than positions taken by Justice O'Connor. His nomination therefore calls into question the court's delicate balance that Justice O'Connor has helped to shape and preserve.

For example, in Planned Parenthood v. Casey, Judge Alito voted to uphold a state law provision that required women to notify their husbands before having an abortion. Justice O'Connor joined with a majority of the Court in rejecting his position. In addition, Judge Alito has been more willing to support state-sponsored religious displays than Justice O'Connor. And he has written several dissenting opinions on the Third Circuit Court of Appeals that, if accepted, would have not only made it more difficult for victims of discrimination to prevail in bringing a suit, but would have made it more difficult for them to even get their case to a jury.

The Supreme Court's role as the ultimate safeguard of our constitutional liberties has never been more critical. In the weeks ahead, the ACLU will compile a complete report on Judge Alito's civil liberties record, including the good and the bad. And, with your help, we will make sure each and every Senator understands that record and acts on his or her obligation to protect the Supreme Court's vital position in our constitutional democracy.

For more information, go to: http://www.aclu.org/court/court.cfm?ID=19336&c=316


Court TV to Begin Airing The ACLU Freedom Files in January

We are thrilled to be able to give our ACLU Online audience advance notice that Court TV - which reaches 85 million households - will start showing our ground-breaking TV series, The ACLU Freedom Files, beginning in January.

In our work together to protect civil liberties at this critical time, you and I have a lot on our plate. But, believe me, nothing is more important than getting more people involved. And there will be few better opportunities than this for us to engage more people in defense of our fundamental freedoms. We've seldom had as dramatic and far-reaching an opportunity to reach out to a substantial new audience.

Every month through the spring, we'll premiere a new episode on issues including religious freedom, racial profiling, gay and lesbian rights, women at risk, youth, drug policy and voting rights. The show features well-known actors, comedians, and ACLU clients and attorneys.

For example, today, November 10th, we'll be airing our newest show, "Dissent." It features Lewis Black - from Comedy Central's The Daily Show - providing a funny, biting commentary on the state of dissent in America.

You can be a part of this exciting movement to bring the stories behind the headlines to your friends, family and community by joining The Freedom Files Producer's Club.

Tell five friends about The ACLU Freedom Files and receive a free DVD of the "Dissent" episode.

To find out more about the Producers Club, go to: http://www.aclu.tv/producersclub


Messages of Support Delivered to Dover Clients

The ACLU challenge to the teaching of "intelligent design" in Dover's public school science classrooms garnered nationwide attention and influenced a debate about the role of religion in our society and our government.

The parents and teachers involved in this case were deeply gratified and touched when the ACLU delivered over 21,000 signatures on our message of support as well as hundreds of personal messages from people across the country. As the trial wrapped up last Friday, we presented several of the clients with these heartfelt words in appreciation of their courage and conviction.

Here are just a few of the messages we received regarding this important religious liberty case:

"Your actions are a demonstration of true patriotism. More than all those arrayed against you, you are standing up for the U.S. Constitution and for America. Thank you."
-- Kathy Heggemeier, Virginia

"As a recent graduate of a Pennsylvania high school, I thank you for your efforts in keeping religion out of the school systems. Religion is a personal spiritual journey and should not be taught in a non-religious setting, nor as a science. Faith is not fact and should thus not be presented as fact like a science. Thank you for helping to keep schools nondenominational and impartial."
-- Patrick Cameron, Pennsylvania

"Thanks so much! You are role models and an inspiration to parents, students and freedom-loving families across the country. Be proud!"
-- Dan Goldman, Washington, D.C.

"As a science teacher, I fully support you in your efforts challenging the teaching on "Intelligent Design" in public schools. It cannot be easy, either personally or professionally, to take such a stand. You have my whole-hearted support. I admire your courage. Would that more Americans were as courageous as you! Thank you."
-- Jonena Hearst, Oregon

In related news, the "intelligent design" movement was handed a blow in Tuesday's Dover School Board election when the proponents of "intelligent design" were swept from office.

Find out more about the ACLU's case at: http://www.aclu.org/evolution/

You can read a New York Times story on the Dover School Board election here: http://www.nytimes.com/reuters/politics/politics-election-usa-evolution.html