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Right to Protest
ACLU Sues Law Enforcement for Shielding President Bush From Protestors
The ACLU and the ACLU of New Mexico filed a lawsuit on January 15, 2008, on behalf of several New Mexico residents and advocacy organizations who were made to stand more than 150 yards away from the site of a fundraiser being attended by the president as they peacefully protested the views of the administration, while a group of people expressing support for President Bush were allowed to stand only a few feet from the fundraiser site. Learn more>> ACLU Represents Journalists Assaulted by FBI Agents
On November 5, 2007, the ACLU filed its opening brief in the 3rd Circuit in Puerto Rico Journalists' Association v. Mueller. The ACLU represents a number of journalists who were kicked, punched and pepper sprayed by FBI agents. The FBI agents had been executing a search of an apartment in a condominium complex. As the search wound down and agents exited the condominium building, the reporters approached them for comment. The FBI agents responded by beating the journalists and spraying them with pepper spray. The journalists assert the FBI agents violated their First Amendment right to gather the news and their Fourth Amendment right to be free of excessive force. After losing in the district court, the journalists, represented by the ACLU, have taken their case to the appeals court. Read the brief >>
Defense Department Shuts Down Pentagon Database on Peaceful Groups
The ACLU applauded the decision of the U.S. Department of Defense to shut down its Threat and Local Observation Notices (TALON) anti-terrorism database. The DoD program, which began in 2003 to house intelligence reports about possible threats to military bases in the U.S., strayed from its intended mission and expanded the database to include reports by local law enforcement agencies and military security personnel about nonviolent demonstrations and anti-war rallies. Learn more >>
> Read the Report: No Real Threat: The Pentagon's Secret Database on Peaceful Protest
> Learn more about the ACLU's efforts to fight government spying
"Congress shall make no law respecting…the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
— U.S. Constitution
Codified by the First Amendment and upheld over time as one of our most basic rights as Americans, the right to assemble, protest, and petition still continue to come under fire today.
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Press Releases
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Federal Court Rules That D.C. Police Unlawfully Arrested Anti-Bush Protesters On Inauguration Day (06/18/2008) Washington, DC — A federal court ruled yesterday that the District of Columbia had unlawfully arrested about 70 people during an anti-war and anti-Bush protest march on Inauguration Day 2005. The arrestees are now entitled to a trial to determine the amount of the District’s monetary liability to them.
MCLU Asks Supreme Court To Reject Augusta's $2,000 Fee for Protest March As Violation of Free Speech Rights (05/29/2008) PORTLAND, Maine. - Yesterday, the Maine Civil Liberties Union Foundation asked the US Supreme Court to review the constitutionality of the fees of about $2,000 imposed on marchers by the City of Augusta. The request came in the form of a petition for a writ of certiorari--a mechanism for the Supreme Court to review decisions of lower courts across the country-for the case of Sullivan, et al. v. City of Augusta, a case originally filed by the MCLU in 2004. The lower court in question in this case is the U.S. Court of Appeals for the First Circuit in Boston, which last year upheld Augusta's parade fee provision even as applied to individuals who could not afford the fee.
In ACLU Lawsuit Regarding First Amendment Activity During DNC, Parties Agree On Some Issues; Additional Issues Remain For Federal Court Resolution (05/23/2008) DENVER -- Attorneys representing the City and County of Denver and the Secret Service, and ACLU of Colorado attorneys representing twelve advocacy organizations, filed documents late Thursday evening in federal district court indicating that they had reached agreement on some of the issues raised in an ACLU lawsuit filed May 1 that seeks to protect the right of free expression during the time of the Democratic National Convention in Denver in August, 2008.
Berryville Revises Demonstration Ordinance Under Pressure from ACLU and VOP (04/15/2008) Berryville, VA – Less than a month after the American Civil Liberties Union of Virginia and the Virginia Organizing Project threatened to file a lawsuit, the Town Council of Berryville has repealed its old demonstration and parade ordinance and passed a new one.
Coalition Appeals City’s Incomplete “Conditional Alternative Permit” For RNC March (03/06/2008) St. Paul, MN – Cooperating attorneys for the ACLU of Minnesota and the Minnesota Chapter of the National Lawyers Guild today filed an appeal to the St. Paul City Council on behalf of the Coalition to March on the RNC and Stop the War, challenging the conditions imposed by the City of St. Paul on the “Conditional Alternative Permit” that was granted to the Coalition earlier this week. The appeal challenges the failure of the City to grant the Coalition the permit that was requested due to the imposition of conditions on the permit which are not authorized by city ordinance. “The permit that we received is substantially different from the one that was requested, so we are asking the City Council to protect our constitutional rights,” said Coalition member Marie Braun. The “Conditional Alternative Permit” issued to the Coalition completely omitted any reference to important details such as a march route within sight and sound of the convention. “Tens of thousands of people will be coming from the Midwest and around the country to protest the illegal and immoral war against Iraq. We need these important details as soon as possible so we can work out the logistics of moving 50,000 people through the streets of St. Paul in a safe manner,” Braun added.
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Free Speech
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Right to Protest
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Publications
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NYCLU Report: Arresting Protest (04/28/2003)
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Free Speech
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Right to Protest
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Legal Documents
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New Mexico Protest - Complaint (01/15/2008)
Rank v. Jenkins - Joint Stipulation of Dismissal with Predjudice (08/15/2007)
Rank v. Jenkins - Complaint (06/28/2007)
Weise v. Jenkins - Complaint (03/15/2007)
We are One America Committee v. City of Asheville, NC Complaint (10/03/2006) We are One America Committee v. City of Asheville, NC Complaint
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Right to Protest
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Legislative Documents
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ACLU Letter to Congress Urging Members to Vote "No" On the Semper Fi Act (02/26/2008)
ACLU Letter to Congress Urging Opposition to the Animal Enterprise Act, S. 1926 and H.R. 4239 (03/06/2006)
Interested Persons Memo: Section-by-Section Analysis of Justice Department draft "Domestic Security Enhancement Act of 2003," also known as "PATRIOT Act II" (02/14/2003)
How the USA PATRIOT Act redefines "Domestic Terrorism" (12/06/2002)
Attorney General John Ashcroft's Assault on Civil Liberties (Updated September 2003) (10/30/2002)
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Right to Protest
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Resources
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Office of Presidential Advance - Presidential Advance Manual (06/28/2007)
ACLU-NJ SECURES RIGHT TO DISPLAY POLITICAL LAWN SIGNS (01/03/2005)
April 5th, 2004, DOJ OLC Opinion Condoning Controversial FBI Surveillance Tactics (08/16/2004) The Department of Justice's Office of Legal Counsel issued this previously undisclosed memorandum in support of the FBI's controversial surveillance of peaceful protesters. The memo was issued in response to an internal complaint by a government employee.
Free Speech Under Fire: The ACLU Challenge to "Protest Zones" (09/23/2003) Statement of Bill Neel
Free Speech Under Fire: The ACLU Challenge to "Protest Zones" (09/23/2003) List of Plaintiffs
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Free Speech
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Right to Protest
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Fact Sheets
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Free Speech Under Fire: The ACLU Challenge to "Protest Zones" (09/23/2003) Fact Sheet
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