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Tag: American Civil Liberties Union

  • Families of two men believed to have been killed in military strike on boat sue US government over ‘unlawful’ attacks

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    As the U.S. military began launching strikes on alleged drug boats in the Caribbean last year, a young Trinidadian man who was in Venezuela for work was searching for a way home, according to a lawsuit filed on Tuesday.Chad Joseph, 26, had been in Venezuela for months fishing and doing farm work when he began looking for a boat to hitch a ride back to Las Cuevas in Trinidad and Tobago, where his wife and three children lived. But as the U.S. began targeting vessels officials said were carrying drugs destined for American streets, Joseph “became increasingly fearful” of making the journey, court documents say. The concerns became so real that in early September, his wife recalled, he called to assure her that he had not been aboard a vessel just hit by the U.S., pledging to be home soon.The last call home was on Oct. 12, when Joseph told his wife he’d found a boat to bring him back to Trinidad, and he would be seeing her in a matter of days, according to court documents. Two days later, however, on Oct. 14, the U.S. struck another target — a boat Joseph’s family believes he was in.“Mr. Joseph’s wife repeatedly called Mr. Joseph’s cellphone, but the line was dead,” a lawsuit filed Tuesday against the U.S. government says. “The line remains dead to this day.”Joseph’s family, and the family of another Trinidadian man, 41-year-old Rishi Samaroo, who had been working with Joseph in Venezuela and who is also believed to have been on the boat, filed a lawsuit against the U.S. government on Tuesday for wrongful death and extrajudicial killing of the two men. The complaint calls the strikes “unprecedented and manifestly unlawful,” and says they have carried out “premeditated and intentional killings” with no legal justification.CNN asked the Justice Department for comment but did not immediately receive a response before publication. The Defense Department declined to comment on ongoing litigation.The complaint says that, despite claims by President Donald Trump and other administration officials that all the men killed on board were “narcoterrorists,” neither Joseph nor Samaroo had any affiliation to drug cartels.The lawsuit marks the first opportunity for a judge to rule on the legality of the strikes which are part of the Trump administration’s ongoing campaign in the Caribbean and eastern Pacific — dubbed Operation Southern Spear — that has killed at least 117 people. The most recent strike was carried out last week in the eastern Pacific, killing two and leaving one survivor who was being searched for by the Coast Guard.The lawsuit points specifically to the Death on the High Seas Act, which allows family members to sue over wrongful deaths on the high seas, and the Alien Tort Statute, which lets foreign nationals sue in federal courts over violations of international law.The families are suing for compensatory and punitive damages and they are being represented by the American Civil Liberties Union, the Center for Constitutional Rights, and Jonathan Hafetz with the Seton Hall Law School.The administration has publicly presented little evidence that those killed in the ongoing campaign are affiliates of drug cartels, or that each of the vessels had drugs on them. When pressed by lawmakers during congressional briefings, military officials have acknowledged they do not know the identities of everyone on board the boats they have destroyed.The legality of the strikes has come under intense scrutiny in Congress since the operations began in September, including particular interest in the very first strike, when the military carried out a second strike that killed two survivors of an initial attack. Multiple current and former military lawyers previously told CNN the strikes do not appear lawful.But the administration has maintained that the operation is a necessary step against drugs heading for US shores that will ultimately harm Americans.Trump announced the Oct. 14 strike in a social media post, saying “six male narcoterrorists aboard the vessel were killed” and that intelligence had confirmed the vessel was “trafficking narcotics, was associated with illicit narcoterrorist networks, and was transiting along a known DTO route.”‘They must be held accountable’Similar to Joseph, Samaroo had communicated with his family just days before the Oct. 14 strike. Having served 15 years in prison for “participation in a homicide” in Trinidad, and released early on parole, Samaroo moved to Las Cuevas, Trinidad, and in August 2025 he went to Venezuela to work on a farm, the lawsuit says.He frequently shared photos and videos with his family of his time on the farm, “where he cared for cows and goats and made cheese.” During one video call, he introduced Joseph, a friend from home who he said he was working with in Venezuela.On Oct. 12, Samaroo sent his sister, Sallycar Korasingh, a photo in a lifejacket, telling her he had found a boat to bring him back to Trinidad and he would see her in a few days.“That call was the last time Ms. Korasingh, or anyone else in his family, heard from Mr. Samaroo,” the complaint says.In a statement issued by the ACLU, Korasingh said her brother was a “hardworking man who paid his debt to society and was just trying to get back on his feet again.”“If the US government believed Rishi had done anything wrong, it should have arrested, charged, and detained him,” she said. “Not murdered him. They must be held accountable.”Members of the administration have repeatedly insisted that those killed in the strikes are “narcoterrorists” — in November, Defense Secretary Pete Hegseth said on social media that “every trafficker killed is affiliated with a Designated Terrorist Organization.”The lawsuit, however, says neither Joseph nor Samaroo were “members of, or affiliated with, drug cartels.”“The Trinidadian government has publicly stated that ‘the government has no information linking Joseph or Samaroo to illegal activities,’ and that it had ‘no information of the victims of US strikes being in possession of illegal drugs, guns, or small arms,’” the complaint says.The complaint calls into question one of the primary claims made by Trump administration officials throughout the course of the campaign, that the boats — and the drugs allegedly aboard them — were headed for the U.S. and required urgent military action. The lawsuit says, however, that Joseph and Samaroo were headed home to Trinidad on the vessel targeted by the US.In the wake of the first strike in September, Secretary of State Marco Rubio initially said that boat was headed toward Trinidad or elsewhere in the Caribbean.Last year, the Trump administration justified the operation with a classified legal opinion produced by the Justice Department’s Office of Legal Counsel. The opinion argues that the president is allowed to authorize deadly force against a broad range of cartels because they pose an imminent threat to Americans.The opinion appears to justify an open-ended war against a secret list of groups, legal experts have said, giving the president power to designate drug traffickers as enemy combatants and have them killed without legal review. Historically, those involved in drug trafficking were considered criminals with due process rights, with the Coast Guard interdicting drug-trafficking vessels and arresting smugglers.The lawsuit, however, offers the first opportunity for those who believe the strikes amount to extrajudicial killings to present their case before a judge.“Whatever that secret memorandum states, it cannot render the patently illegal killings lawful,” the court filing says.

    As the U.S. military began launching strikes on alleged drug boats in the Caribbean last year, a young Trinidadian man who was in Venezuela for work was searching for a way home, according to a lawsuit filed on Tuesday.

    Chad Joseph, 26, had been in Venezuela for months fishing and doing farm work when he began looking for a boat to hitch a ride back to Las Cuevas in Trinidad and Tobago, where his wife and three children lived. But as the U.S. began targeting vessels officials said were carrying drugs destined for American streets, Joseph “became increasingly fearful” of making the journey, court documents say. The concerns became so real that in early September, his wife recalled, he called to assure her that he had not been aboard a vessel just hit by the U.S., pledging to be home soon.

    The last call home was on Oct. 12, when Joseph told his wife he’d found a boat to bring him back to Trinidad, and he would be seeing her in a matter of days, according to court documents. Two days later, however, on Oct. 14, the U.S. struck another target — a boat Joseph’s family believes he was in.

    “Mr. Joseph’s wife repeatedly called Mr. Joseph’s cellphone, but the line was dead,” a lawsuit filed Tuesday against the U.S. government says. “The line remains dead to this day.”

    Andrea de Silva/Reuters/File via CNN Newsource

    Messiah Burnley, nephew of Chad Joseph, who was killed in a U.S. military strike on a boat in the Caribbean, carries a girl in front of an altar for Joseph in the family home in Las Cuevas, Trinidad and Tobago, October 22, 2025.

    Joseph’s family, and the family of another Trinidadian man, 41-year-old Rishi Samaroo, who had been working with Joseph in Venezuela and who is also believed to have been on the boat, filed a lawsuit against the U.S. government on Tuesday for wrongful death and extrajudicial killing of the two men. The complaint calls the strikes “unprecedented and manifestly unlawful,” and says they have carried out “premeditated and intentional killings” with no legal justification.

    CNN asked the Justice Department for comment but did not immediately receive a response before publication. The Defense Department declined to comment on ongoing litigation.

    The complaint says that, despite claims by President Donald Trump and other administration officials that all the men killed on board were “narcoterrorists,” neither Joseph nor Samaroo had any affiliation to drug cartels.

    The lawsuit marks the first opportunity for a judge to rule on the legality of the strikes which are part of the Trump administration’s ongoing campaign in the Caribbean and eastern Pacific — dubbed Operation Southern Spear — that has killed at least 117 people. The most recent strike was carried out last week in the eastern Pacific, killing two and leaving one survivor who was being searched for by the Coast Guard.

    The lawsuit points specifically to the Death on the High Seas Act, which allows family members to sue over wrongful deaths on the high seas, and the Alien Tort Statute, which lets foreign nationals sue in federal courts over violations of international law.

    The families are suing for compensatory and punitive damages and they are being represented by the American Civil Liberties Union, the Center for Constitutional Rights, and Jonathan Hafetz with the Seton Hall Law School.

    The administration has publicly presented little evidence that those killed in the ongoing campaign are affiliates of drug cartels, or that each of the vessels had drugs on them. When pressed by lawmakers during congressional briefings, military officials have acknowledged they do not know the identities of everyone on board the boats they have destroyed.

    The legality of the strikes has come under intense scrutiny in Congress since the operations began in September, including particular interest in the very first strike, when the military carried out a second strike that killed two survivors of an initial attack. Multiple current and former military lawyers previously told CNN the strikes do not appear lawful.

    But the administration has maintained that the operation is a necessary step against drugs heading for US shores that will ultimately harm Americans.

    Trump announced the Oct. 14 strike in a social media post, saying “six male narcoterrorists aboard the vessel were killed” and that intelligence had confirmed the vessel was “trafficking narcotics, was associated with illicit narcoterrorist networks, and was transiting along a known DTO route.”

    ‘They must be held accountable’

    Similar to Joseph, Samaroo had communicated with his family just days before the Oct. 14 strike. Having served 15 years in prison for “participation in a homicide” in Trinidad, and released early on parole, Samaroo moved to Las Cuevas, Trinidad, and in August 2025 he went to Venezuela to work on a farm, the lawsuit says.

    He frequently shared photos and videos with his family of his time on the farm, “where he cared for cows and goats and made cheese.” During one video call, he introduced Joseph, a friend from home who he said he was working with in Venezuela.

    On Oct. 12, Samaroo sent his sister, Sallycar Korasingh, a photo in a lifejacket, telling her he had found a boat to bring him back to Trinidad and he would see her in a few days.

    “That call was the last time Ms. Korasingh, or anyone else in his family, heard from Mr. Samaroo,” the complaint says.

    In a statement issued by the ACLU, Korasingh said her brother was a “hardworking man who paid his debt to society and was just trying to get back on his feet again.”

    “If the US government believed Rishi had done anything wrong, it should have arrested, charged, and detained him,” she said. “Not murdered him. They must be held accountable.”

    Members of the administration have repeatedly insisted that those killed in the strikes are “narcoterrorists” — in November, Defense Secretary Pete Hegseth said on social media that “every trafficker killed is affiliated with a Designated Terrorist Organization.”

    The lawsuit, however, says neither Joseph nor Samaroo were “members of, or affiliated with, drug cartels.”

    “The Trinidadian government has publicly stated that ‘the government has no information linking Joseph or Samaroo to illegal activities,’ and that it had ‘no information of the victims of US strikes being in possession of illegal drugs, guns, or small arms,’” the complaint says.

    The complaint calls into question one of the primary claims made by Trump administration officials throughout the course of the campaign, that the boats — and the drugs allegedly aboard them — were headed for the U.S. and required urgent military action. The lawsuit says, however, that Joseph and Samaroo were headed home to Trinidad on the vessel targeted by the US.

    In the wake of the first strike in September, Secretary of State Marco Rubio initially said that boat was headed toward Trinidad or elsewhere in the Caribbean.

    Last year, the Trump administration justified the operation with a classified legal opinion produced by the Justice Department’s Office of Legal Counsel. The opinion argues that the president is allowed to authorize deadly force against a broad range of cartels because they pose an imminent threat to Americans.

    The opinion appears to justify an open-ended war against a secret list of groups, legal experts have said, giving the president power to designate drug traffickers as enemy combatants and have them killed without legal review. Historically, those involved in drug trafficking were considered criminals with due process rights, with the Coast Guard interdicting drug-trafficking vessels and arresting smugglers.

    The lawsuit, however, offers the first opportunity for those who believe the strikes amount to extrajudicial killings to present their case before a judge.

    “Whatever that secret memorandum states, it cannot render the patently illegal killings lawful,” the court filing says.

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  • ACLU of Minnesota to file class action suit for constitutional rights violations by federal agents

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    The American Civil Liberties Union is filing a new class action lawsuit against the federal government on behalf of three Minnesotans – two Somali men and one Latino man – “whose constitutional rights were violated by Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and other federal agents,” the ACLU of Minnesota announced Thursday morning.

    The announcement comes just hours after President Trump threatened to use the Insurrection Act to send U.S. troops into Minnesota to “put an end” to protests. There are currently 3,000 federal agents in Minnesota amid Operation Metro Surge, in which officials with the U.S. Department of Homeland Security say has so far yielded 2,500 arrests since it began last month.

    On Wednesday night, an ICE officer shot a Venezuelan migrant in the leg in north Minneapolis, leading to violent clashes between protesters, federal law enforcement and Minneapolis police. The shooting occurred exactly one week after 37-year-old Renee Good was fatally shot by ICE officer Jonathan Ross in south Minneapolis.

    Federal government officials tell CBS News the migrant and two others allegedly attacked the officer with a snow shovel and a broom handle as the officer tried to make an arrest.

    Within an hour before the shooting, Gov. Tim Walz gave a rare primetime address to Minnesotans where he urged Mr. Trump and Homeland Security Secretary Kristi Noem to “end this occupation.” He also called on Minnesotans to protest peacefully and record ICE activity to aid in future prosecutions.

    This story will be updated.

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    Stephen Swanson

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  • Police agreement with ICE ‘taking it a step further’ than other Wisconsin agencies

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    The Palmyra police department is the first municipal department in Wisconsin to sign a 287(g) agreement with the federal Immigration Customs Enforcement agency. | Photo via Palmyra Public Safety Department official website

    A village police department in southeastern Wisconsin has pursued a type of 287(g) agreement with federal Immigration and Customs Enforcement (ICE) that is not held by any other agency in the state.

    The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.

    The American Civil Liberties Union of Wisconsin criticized the Palmyra Police Department in Jefferson County, saying it is “partnering hand in glove with ICE to carry out this regime’s plan to deport our immigrant neighbors and loved ones.” 

    In a statement to the Examiner, interim police chief Paul Blount said the department’s focus is on criminals who threaten public safety and that this is “not a blanket immigration enforcement program.” Blount was not immediately available for an interview. 

    “If we find out that we have to participate in that aspect of it, where we’re actually going out, actively enforcing immigration policy and procedure and door to door, looking for undocumented individuals, then I would go on record on saying that we won’t participate in that,” Blount said, according to WISN 12 News

    He said that the agreement could be what keeps a local police department in the village, due to financial challenges, according to WISN 12 News. He also said there is a $100,000 incentive for the first arrest of an undocumented person that has been involved in a crime or is wanted, and $7,500 for each subsequent arrest. 

    According to WISN 12 News, Blount said that if the federal government approves the agreement, he would not move forward without approval from the village board. ICE’s online list currently shows Palmyra as a participating agency and includes Monday, Sept. 22 as the date of signature. 

    The Task Force Model serves as a “force multiplier,” according to ICE. It allows officers to enforce limited immigration authority while performing routine police duties, such as identifying a person who is not a U.S. citizen or national during a driving under the influence stop and sharing information directly with ICE. Agencies can carry out immigration enforcement activities under ICE supervision and oversight. 

    The American Civil Liberties Union of Wisconsin said the department is “even taking it a step further than other agencies, instituting the most aggressive 287(g) model that gives officers the green light to stop people they think might be immigrants on the street, question them about their citizenship status, and even take them into custody.”

    The 287(g) program allows a local law enforcement agency to enforce certain aspects of U.S. immigration law. According to ICE’s online list,  Palmyra is the only police department in the state with a 287(g) agreement. There are 13 Wisconsin counties with a sheriff’s department partnering with ICE. These partnerships use the warrant service officer model or jail enforcement model, which are focused on local jails. 

    In the statement to the Examiner, Blount said that if the program is approved, it would allow officers to work in closer partnership with federal authorities. He said officers would gain access to databases and resources that help investigations and help combat serious crimes, such as narcotics trafficking and human trafficking. 

    “This is a tool, not a blanket immigration enforcement program,” Blount said. “Our focus is on criminals who threaten public safety — not law-abiding residents. The core mission of our department remains unchanged: responding to emergencies, enforcing traffic safety, and preventing crime in our community.” 

    The ACLU of Wisconsin also raised concern about racial profiling. Stateline reported that the task force agreements with ICE were discontinued in 2012 after a Department of Justice investigation found widespread racial profiling and other discrimination in an Arizona task force. 

    “This program tears apart communities and instills fear, and we must reject it in Wisconsin and everywhere else,” the ACLU said

    According to WISN 12 News, Blount said he will ensure there is a policy or procedure in place if the village does move forward so that residents “are protected from being profiled.” 

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  • ACLU sues Indiana AG Todd Rokita to block probe into refugee nonprofit Exodus

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    An Indianapolis-based refugee resettlement nonprofit is arguing that Attorney General Todd Rokita’s recent civil subpoena is “unjustified retaliation” and violates its First Amendment rights, according to a lawsuit filed Sept. 19.

    Last week, the Indiana Attorney General’s Office sent Indianapolis-based Exodus Refugee Immigration Inc. a civil investigatory demand, a legal tool the attorney general can use to collect information prior to litigation. The office said they did so to discern whether the nonprofit is violating the law and interfering with U.S. Immigration and Customs Enforcement.

    The complaint, filed in the U.S. District Court of the Southern District of Indiana, argues that Rokita targeted Exodus for its mission of serving the immigrant and refugee community. The American Civil Liberties Union, which is representing Exodus, says its services are constitutionally protected activities.

    The investigatory demand seeks to chill their services and advocacy, places an undue burden on Exodus to fulfill the request, exposes private information of its clients, and deters potential clients, according to the complaint.

    “This is a clear attempt to intimidate Exodus and to prevent us from serving refugees and other humanitarian immigrants here in Central Indiana,” Exodus CEO Cole Varga said in a statement. “We cannot allow the Attorney General to impede the vital work we do to support the refugees who are our neighbors, colleagues, and friends.”

    IndyStar has reached out to Rokita’s office for comment.

    AG Todd Rokita’s immigration probes

    Exodus is the latest of at least nine immigration organizations Rokita’s office has targeted with civil investigatory demand since last November. Two are challenging Rokita’s subpoena in court.

    “These (civil investigatory demands) appear to be designed to advance a personal political agenda and to punish and deter organizations that assist, advocate for, and associate with immigrants and refugees,” the complaint reads. “The investigation is without cause and is in bad faith.”

    Rokita has said he believes that there may be a coordinated effort among large employers and resettlement organizations to bring large numbers of migrants to Indiana and employ them, though he hasn’t provided evidence. He’s citing his authority to send these requests for information under Indiana’s Deceptive Consumer Sales Act and indecent nuisance statute.

    “The mass movement of illegal aliens and others into Indiana has exposed our communities to significant public safety risks,” Rokita said in a past news release. “Worse, some organizations in Indiana — whether they are local officials like the Monroe County sheriff who operate sanctuary policies or private organizations that appear to encourage or assist illegal immigration — are making the problem worse.”

    In his Sept. 8 release announcing the Exodus demand, Rokita said his office received information from U.S. Customs and Immigration Enforcement that a recent Monroe County operation “faced numerous challenges as a result of what may have been a coordinated effort by entities in Bloomington to help illegal aliens evade apprehension.” The office isn’t accusing Exodus of anything, but says it is seeking information from Exodus about this.

    In late January, Exodus temporarily locked its main Indianapolis doors and moved client services to off-site or virtual locations out of concern for their clients’ safety. This closure lasted a few weeks amid a flurry of immigration-related announcements from state and federal leaders, including an executive order signed by Gov. Mike Braun pledging state support for federal immigration enforcement.

    Reporter Kayla Dwyer contributed reporting.

    The USA TODAY Network – Indiana’s coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.

    Have a story to tell? Reach Cate Charron by email at ccharron@indystar.com, on X at @CateCharron or Signal at @cate.charron.28.

    This article originally appeared on Indianapolis Star: ACLU sues to block probe of Exodus Refugee by Indiana AG Todd Rokita

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  • Heinrich, Luján challenge Trump ‘targeting’ of DACA recipients for deportation

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    Supporters of the DACA program rally outside the U.S. Supreme Court, circa 2023. (Photo by Robin Bravender / States Newsroom)

    New Mexico Democratic U.S. Senators Martin Heinrich and Ben Ray Luján joined more than 40 Senate Democrats in calling upon U.S. Homeland Security Secretary Krisi Noem to make clear that Deferred Action for Childhood Arrivals recipients have protection from deportation.

    DACA is a status conferred through a 2012 federal law that affords immigrants who were brought to the United States as children protection, also known as “dreamers,” from being deported for renewable two-year periods.

    According to a news release, the Sept. 3 letter to Noem stems from a statement made by DHS Assistant Secretary Tricia McLaughlin, in which she said, “Illegal aliens who claim to be recipients of Deferred Action for Childhood Arrivals (DACA) are not automatically protected from deportation.”

    The senators’ letter notes that, “DACA was created to provide protections from immigration enforcement for certain noncitizens brought to the United States as children, also known as Dreamers, who undergo strict background checks and meet specific educational or work requirements. In contrast to Ms. McLaughlin’s puzzling statement, public DHS guidance makes clear that DACA holders are ‘not considered to be unlawfully present’ in the United States and that ‘[a]n individual who has received deferred action is authorized by DHS to be in the United States for the duration of the deferred action period.’”

    The American Civil Liberties Union of New Mexico recently sued Noem and other federal and local officials over the arrest and “indefinite” detention of a DACA recipient in a state immigrant detention facility.

    The letter urges Noem to correct McLaughlin’s statement “to accurately reflect DACA and ensure that DHS recognizes and abides by the protections of DACA moving forward.”

    Heinrich, Luján and other Senate Democrats also sent a letter earlier this year to the Trump administration pushing for it to reopen applications for DACA status, following a court ruling that paved the way for them to resume. In July, Heinrich introduced legislation to protect DACA recipients’ private information.

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  • Paxton Says Houston ISD Has to Display Ten Commandments Despite Federal Judge’s Ruling

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    A federal judge ruled last week that 11 Texas school districts, including Cypress-Fairbanks, Fort Bend, and Houston ISDs, don’t have to display the Ten Commandments in every classroom as required by a state law passed earlier this year. On Monday, Texas Attorney General Ken Paxton said only nine districts are covered by the temporary injunction, and those that aren’t, including Houston ISD, must hang the posters when the law takes effect on September 1.

    It’s not clear why the federal judge’s order named 11 districts — which were sued by a group of parents and civil rights advocates in Rabbi Nathan v. Alamo Heights Independent School District .— and Paxton’s press release mentions nine, exempting Austin ISD and Houston ISD from relief. Paxton’s press office did not respond to calls or emails on Monday.

    Repeated phone calls and emails to Houston ISD went unanswered for most of the day. A spokesman responded in the afternoon, saying by email, “The District will not be discussing matters with pending litigation.”

    In his latest public statement about the case, Paxton said: “From the beginning, the Ten Commandments have been irrevocably intertwined with America’s legal, moral, and historical heritage. Schools not enjoined by ongoing litigation must abide by SB 10 and display the Ten Commandments. The woke radicals seeking to erase our nation’s history will be defeated. I will not back down from defending the virtues and values that built this country.”

    Paxton is currently challenging longtime U.S. Sen. John Cornyn in the Republican primary and will soon be vacating his seat as attorney general. Cornyn seized the opportunity Monday to make a social media dig at Paxton, who has been accused of adultery and whose wife, Texas Sen. Angela Paxton, recently filed for divorce on “biblical grounds.”

    The school districts affected by the injunction according to Paxton are Alamo Heights, North East, Cypress-Fairbanks, Lackland, Lake Travis, Fort Bend, Dripping Springs, Plano, and Northside, Paxton said in his statement. “All other ISDs must abide by the law once it takes effect on September 1, 2025,” he said.

    In a 55-page ruling issued August 20, U.S. District Judge Fred Biery said the Texas law was unconstitutional and crossed the line from exposure to coercion.

    “[Most people] just want to be left alone, neither proselytized nor ostracized, including what occurs to their children in government-run schools,” Judge Biery wrote in his ruling. “Even though the Ten Commandments would not be affirmatively taught, the captive audience of students likely would have questions, which teachers would feel compelled to answer. That is what they do.”

    Paxton said he immediately appealed the “flawed ruling.” Biery isn’t the only judge who took issue with the Ten Commandments display. The 5th U.S. Circuit Court of Appeals deemed it “plainly unconstitutional” just days before Senate Bill 10, authored by Republican Sen. Phil King of Weatherford, was signed into law.

    The Texas law requires that the scripture be displayed on a donated 16-by-20 poster. “While no school is compelled to purchase Ten Commandments displays, schools may choose to do so,” Paxton said in his statement. “However, schools must accept and display any privately donated posters or copies that meet the requirements of SB 10.”

    Kristi Gross, press strategist with the American Civil Liberties Union, said the attorney general’s demand that school districts implement Senate Bill 10 is “unwise and unlawful.”

    “A federal court has ruled that SB 10 is plainly unconstitutional, and school districts have an independent legal obligation to respect the constitutional rights of children and families,” she said. “Districts that flout the First Amendment will be opening themselves up to litigation.”

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    April Towery

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  • Florida College Fills Dumpster Full Of Gender Studies Books For Disposal

    Florida College Fills Dumpster Full Of Gender Studies Books For Disposal

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    When hundreds of books got hauled away in a dumpster from the library of the New College of Florida on Thursday, the tiny liberal arts college with a governing board dominated by appointees of Republican Gov. Ron DeSantis once again found itself at the center of the state’s culture wars.

    “We abolished the gender studies program. Now we’re throwing out the trash,” Christopher Rufo, a DeSantis appointee to the Sarasota college’s governing board, posted Friday on X, formerly Twitter.

    The American Civil Liberties Union, meanwhile, condemned the college for “a brazen act of censorship.”

    “These actions are nothing short of a cultural purge, reminiscent of some of history’s darkest times, where regimes sought to control thought by burning books and erasing knowledge,” Bacardi Jackson, executive director of the ACU of Florida, said in a statement.

    Both sides were responding to accounts spread through social media that officials at the campus of roughly 700 students had sent a large collection of books from the college’s recently shuttered gender studies program to a local landfill.

    But a statement by New College administrators said people were confusing two different batches of books. It said volumes taken away by dumpster came from a routine culling of the main library’s collection, largely to get rid of old and damaged books. Books related to gender studies, it said, were also placed outside the library and “were later claimed by individuals planning to donate the books locally.”

    FILE – A student goes through books before they are sent to the landfill on the New College of Florida campus in Sarasota, Fla., Thursday, Aug. 15, 2024. (Steven Walker/Sarasota Herald-Tribune via AP)

    A student who alerted classmates to the book dumping told The Associated Press that she saw two large boxes filled with books Thursday at the campus’ student-run Gender and Diversity Center, located in a building where staff were busy moving furniture, repainting and otherwise preparing for students to return to campus next week.

    Natalia Benavides said those boxes got moved to the library parking lot near the dumpster, but fellow students and activists responding to her alert managed to save most of the Gender and Diversity Center’s books before they got thrown away.

    “Primarily what was in the dumpster were library books — they were stamped with ‘discard’ and they were bound so that you knew they were from the library,” said Benavides, a fourth-year student. “They seemed to be of every topic under the sun: art history books, books on aesthetics, psychology books.”

    It’s not surprising that discarding books would trigger controversy at New College. Known for decades as a progressive school with a prominent LGBTQ+ community, the campus became a target for DeSantis and as war on “woke.” In early 2023, the governor overhauled the college’s Board of Trustees by installing a majority of conservative members.

    The new trustees promptly fired the college president and replaced her with a Republican politician. Several other administrators also lost their jobs. The board dismantled the office of diversity and equity and a year ago voted to shut down the campus’ gender studies program.

    “Every couple of months, they have destroyed some part of this campus whether it is physical spaces or our books,” said Amy Reid, the professor who led the college’s gender studies program and now plans a yearlong leave of absence.

    Reid said she believes books were removed from the Gender and Diversity Center, a student-run office that was independent of the academic gender studies program, because it’s also being shuttered. She said the center’s sign was also taken down and that it had housed more than two boxes of books, many of which she suspects ended up in the trash.

    “Was I surprised that this happened?” Reid said. “No, because we’ve seen an effort to refashion this campus and make it unwelcoming.”

    New College’s statement said only that books “associated with the discontinued Gender Studies program” had been removed from a room “that is being repurposed.” A college spokesman, Nate March, declined to to answer further questions.

    Zander Moricz, who leads a group of student activists called the SEE Alliance, said books from the Gender and Diversity Center that were nearly thrown out included volumes on slavery, a collection of Jewish stories and three copies of the Bible.

    Campus police prevented students from retrieving books from the dumpster, he said, which was loaded onto a truck that members of his group followed to a local landfill.

    “The vast majority of the books were 100% readable and in good condition,” Moricz said.

    The American Library Association encourages academic libraries to cull books in poor physical condition or no longer deemed accurate or relevant — though its guidelines say books should never be removed because they’re controversial.

    Association spokesperson Jean Hodges said it’s up to individual libraries what to do with removed books.

    “Donation, recycling, resale, and disposal all fall within normal practice,” Hodges said by email.

    Bynum reported from Savannah, Georgia.

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  • University of Michigan policy on protests could quell free speech efforts

    University of Michigan policy on protests could quell free speech efforts

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    A University of Michigan proposal aimed at deterring disruptions on its Ann Arbor campus after anti-Israel protesters interrupted an honors convocation is sparking backlash from free speech advocates.Violations of the policy, which has yet to be implemented, could result in suspension or expulsion for students and termination for university staff.Video above: How has freedom of speech on college campuses evolved?The March 24 protest by groups calling for the school to divest from companies linked to Israel is among a number of demonstrations on college campuses across the United States in which students and organizations have taken sides — in support of Palestinians or of Israel — as Israel continues its six-month-long war in Gaza against Hamas.University of Michigan President Santo Ono said in a letter to the campus community that the protesters who disrupted the annual honors undergraduate graduation ceremony “brought profound disappointment to students, parents, grandparents, siblings, and other relatives and friends.””We all must understand that, while protest is valued and protected, disruptions are not,” Ono wrote. “One group’s right to protest does not supersede the right of others to participate in a joyous event.””It was painful for everyone who had gathered — and especially so for members of our Jewish community,” Ono added.The Oct. 7 attack on Israel by Hamas left 1,200 people, mostly civilians, dead. Militants took roughly 250 people hostage, according to Israeli authorities.Israel’s response to the attack has been devastating. Bombardments and ground offensives have killed more than 33,600 Palestinians in Gaza and wounded over 76,200, the Gaza Health Ministry says. The ministry doesn’t differentiate between civilians and combatants in its tally but says women and children make up two-thirds of the dead.The war has ignited a humanitarian catastrophe. Most of the territory’s population has been displaced, and with vast swaths of Gaza’s urban landscape leveled in the fighting, many areas are uninhabitable.Students Allied for Freedom and Equality, which calls itself a Palestinian solidarity group, posted on social media that students shut down the University of Michigan convocation to demand the school divest from Israel and “war profiteers facilitating genocide.”The Associated Press left emails this week seeking comment from organizers of the protest.Some University of Michigan students walked out of classes on April 4, protesting the school’s ties to Israel and the planned policy, which, among other things, would prohibit disrupting speakers or performers. Students violating the policy could face reprimand, disciplinary probation, restitution, removal from a specific course, suspension or expulsion.Staff members violating the policy could face misconduct allegations, and the school “may institute discipline, up to and including termination.”The policy, if enacted as is, would apply to all students, employees, contractors, volunteers and visitors who engage in disruptive activity.”We will not shy away from protecting the values we hold dear,” Ono wrote in a follow-up letter to the campus community. “Those who participate in disruptive activity will be held accountable.”Michigan sophomore Annabel Bean said the school appears to be trying to limit and repress student protests.”The guidelines are just really a huge overstep I think in my opinion,” Bean told WXYZ-TV. “The point of a protest is to be disruptive and if you’re saying it can’t be disruptive, then we’re not protesting, and how are you honoring your history of disruptive student protests?”The American Civil Liberties Union of Michigan said it is concerned the proposed policy, as drafted, will impair civil liberties on campus.”We believe the proposed policy is vague and overbroad, and risks chilling a substantial amount of free speech and expression,” the ACLU Michigan said in a letter to Ono. “We recognize that the university has an interest in carrying out its operations without major disruptions; however, in attempting to achieve that goal, the proposed policy sacrifices far too much.”The university is reviewing comments from the community to ensure any new policy reflects the school’s mission and values, Assistant Vice President of Public Affairs Colleen Mastony said in an email.”The university will not rush the development of this new policy,” Mastony said. “We will ensure all voices have an opportunity to be heard. Our goal is to make policies clearer, ensure key terms are well defined, incorporate pathways for restorative action, and support respectful discussion of divergent viewpoints.”As it reads now, the proposed policy lacks clarity, said Thomas Braun, a biostatistics professor.”For faculty, who are not on the tenured track or not tenured, the worry is this overreaching policy … it’s unclear what sanctions can be given to faculty,” said Braun, adding that there is fear of being denied tenure “because of something you participated in.”Braun, who also is chair of the Senate Advisory Committee on University Affairs, said there always is a debate on the school’s campus regarding freedom of speech and freedom of the press.”I can support free speech and still be for one side or the other,” he said. “This issue has made it very clear to me that I have been oblivious to the experiences of the Palestinians in Gaza. At the same time, I can’t think I can condone the entire removal of Israel as a state. How does a campus deal with its own turmoil around this issue, while at the same time being asked to solve the world’s issues?”

    A University of Michigan proposal aimed at deterring disruptions on its Ann Arbor campus after anti-Israel protesters interrupted an honors convocation is sparking backlash from free speech advocates.

    Violations of the policy, which has yet to be implemented, could result in suspension or expulsion for students and termination for university staff.

    Video above: How has freedom of speech on college campuses evolved?

    The March 24 protest by groups calling for the school to divest from companies linked to Israel is among a number of demonstrations on college campuses across the United States in which students and organizations have taken sides — in support of Palestinians or of Israel — as Israel continues its six-month-long war in Gaza against Hamas.

    University of Michigan President Santo Ono said in a letter to the campus community that the protesters who disrupted the annual honors undergraduate graduation ceremony “brought profound disappointment to students, parents, grandparents, siblings, and other relatives and friends.”

    “We all must understand that, while protest is valued and protected, disruptions are not,” Ono wrote. “One group’s right to protest does not supersede the right of others to participate in a joyous event.”

    “It was painful for everyone who had gathered — and especially so for members of our Jewish community,” Ono added.

    The Oct. 7 attack on Israel by Hamas left 1,200 people, mostly civilians, dead. Militants took roughly 250 people hostage, according to Israeli authorities.

    Israel’s response to the attack has been devastating. Bombardments and ground offensives have killed more than 33,600 Palestinians in Gaza and wounded over 76,200, the Gaza Health Ministry says. The ministry doesn’t differentiate between civilians and combatants in its tally but says women and children make up two-thirds of the dead.

    The war has ignited a humanitarian catastrophe. Most of the territory’s population has been displaced, and with vast swaths of Gaza’s urban landscape leveled in the fighting, many areas are uninhabitable.

    Students Allied for Freedom and Equality, which calls itself a Palestinian solidarity group, posted on social media that students shut down the University of Michigan convocation to demand the school divest from Israel and “war profiteers facilitating genocide.”

    The Associated Press left emails this week seeking comment from organizers of the protest.

    Some University of Michigan students walked out of classes on April 4, protesting the school’s ties to Israel and the planned policy, which, among other things, would prohibit disrupting speakers or performers. Students violating the policy could face reprimand, disciplinary probation, restitution, removal from a specific course, suspension or expulsion.

    Staff members violating the policy could face misconduct allegations, and the school “may institute discipline, up to and including termination.”

    The policy, if enacted as is, would apply to all students, employees, contractors, volunteers and visitors who engage in disruptive activity.

    “We will not shy away from protecting the values we hold dear,” Ono wrote in a follow-up letter to the campus community. “Those who participate in disruptive activity will be held accountable.”

    Michigan sophomore Annabel Bean said the school appears to be trying to limit and repress student protests.

    “The guidelines are just really a huge overstep I think in my opinion,” Bean told WXYZ-TV. “The point of a protest is to be disruptive and if you’re saying it can’t be disruptive, then we’re not protesting, and how are you honoring your history of disruptive student protests?”

    The American Civil Liberties Union of Michigan said it is concerned the proposed policy, as drafted, will impair civil liberties on campus.

    “We believe the proposed policy is vague and overbroad, and risks chilling a substantial amount of free speech and expression,” the ACLU Michigan said in a letter to Ono. “We recognize that the university has an interest in carrying out its operations without major disruptions; however, in attempting to achieve that goal, the proposed policy sacrifices far too much.”

    The university is reviewing comments from the community to ensure any new policy reflects the school’s mission and values, Assistant Vice President of Public Affairs Colleen Mastony said in an email.

    “The university will not rush the development of this new policy,” Mastony said. “We will ensure all voices have an opportunity to be heard. Our goal is to make policies clearer, ensure key terms are well defined, incorporate pathways for restorative action, and support respectful discussion of divergent viewpoints.”

    As it reads now, the proposed policy lacks clarity, said Thomas Braun, a biostatistics professor.

    “For faculty, who are not on the tenured track or not tenured, the worry is this overreaching policy … it’s unclear what sanctions can be given to faculty,” said Braun, adding that there is fear of being denied tenure “because of something you participated in.”

    Braun, who also is chair of the Senate Advisory Committee on University Affairs, said there always is a debate on the school’s campus regarding freedom of speech and freedom of the press.

    “I can support free speech and still be for one side or the other,” he said. “This issue has made it very clear to me that I have been oblivious to the experiences of the Palestinians in Gaza. At the same time, I can’t think I can condone the entire removal of Israel as a state. How does a campus deal with its own turmoil around this issue, while at the same time being asked to solve the world’s issues?”

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  • DeSantis Sued By Students, ACLU Over Pro-Palestine Crackdown On Campus

    DeSantis Sued By Students, ACLU Over Pro-Palestine Crackdown On Campus

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    A pro-Palestine student group on Thursday sued the state of Florida with help from the American Civil Liberties Union, after Gov. Ron DeSantis’ administration moved to bar the group from state college campuses.

    The federal suit, filed by the ACLU on behalf of the University of Florida’s chapter of Students for Justice in Palestine (UF SJP), names the Republican governor along with the chancellor of the Florida State University System, Ray Rodrigues, and a number of other university officials.

    Rodrigues issued a memo on Oct. 24 accusing the SJP of providing “material support” to terrorism — meaning support in the form of money or resources — without evidence. He ordered all SJP chapters operating within the state university system to be “deactivated,” stating that he had consulted with DeSantis on the matter.

    In their lawsuit, the University of Florida SJP and ACLU argue that the ban violates the students’ First Amendment rights. They are asking a court to intervene on their behalf, citing precedent from the 11th Circuit Court of Appeals, which stated just last year: “Nowhere is free speech more important than in our leading institutions of higher learning.”

    Their move comes nearly six weeks into Israel’s bombardment of the Gaza Strip, prompted by Hamas militants’ Oct. 7 attack on Israel that claimed the lives of around 1,200 people, including Israeli civilians and foreigners.

    Israel’s aggressive response has thus far claimed the lives of an estimated 11,000 people in Gaza, the toll exacerbated by Israel’s reported targeting of buildings used by civilians, the BBC reports. The war effort has inspired waves of demonstrators to turn out in cities around the world in support of the Palestinian civilians struggling to survive in the war-torn Strip.

    The lawsuit claims that the DeSantis administration’s “material support”allegation stems from a document created by the national SJP which, according to the student group, doesn’t dictate the beliefs or messaging of the local student chapter.

    “The Order bases this serious and stigmatizing allegation solely on statements published by National Students for Justice in Palestine group (‘NSJP’), an independent organization, in a document called the ‘Day of Resistance Toolkit,’” the suit said.

    The toolkit in question has sparked controversy for the way it seemed to describe the Hamas attack as an act of legitimate resistance against Israel’s treatment of Palestinians, and it has been used by Israel’s supporters in America to smear anyone who speaks out in support of the Palestinian civilians.

    “According to the Deactivation Order, UF SJP’s only alleged offense is its affiliation with NSJP — which is constitutionally protected,” the lawsuit claimed, arguing that the students’ rights to free speech would be protected even if they had a stronger affiliation with the national group.

    Since the Israel-Hamas conflict began to escalate last month, Americanauthorities have noted an uptick in crimes apparently motivated by antisemitism or Islamophobia across the country. The U.S. Department of Education said this week it had launched investigations into seven schools in relation to alleged hate crimes.

    Related…

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  • Nusrat Chowdhury confirmed as first Muslim female federal judge in U.S. history

    Nusrat Chowdhury confirmed as first Muslim female federal judge in U.S. history

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    screenshot-2023-06-16-at-1-29-36-pm.png
    File: Nusrat Choudhury testifies before Senate Judiciary Committee at confirmation hearing, Apr. 27, 2022.

    Screenshot Senate Judiciary Committee hearing


    Civil rights lawyer Nusrat Chowdhury has been confirmed by the Senate as the first Muslim female federal judge in U.S. history.

    Confirmed along party lines in a 50-49 vote Thursday, Chowdhury will assume her lifetime appointment in Brooklyn federal court in New York.

    The confirmation drew praise from the American Civil Liberties Union, where she is the legal director of the ACLU of Illinois. Prior to that post, she served from 2008 to 2020 at the national ACLU office, including seven years as deputy director of the ACLU Racial Justice Program.

    In a tweet, the ACLU called her a “trailblazing civil rights lawyer.”

    Senate Majority Leader Chuck Schumer, D-N.Y., who recommended her, said she makes history as the first Bangladeshi American, as well as the first Muslim American woman, to be a federal judge.

    “Nusrat Choudhury is a shining example of the American Dream,” Schumer said in a statement. “She is the daughter of immigrant parents, a graduate of Columbia, Princeton, and Yale Law School, and has dedicated her career to making sure all people can have their voices heard in court.”

    Sen. Joe Manchin, Democrat of West Virginia, voted against the appointment, citing her support for criminal justice reform. He said in a statement that some of her past statements call into question her ability to be unbiased toward members of law enforcement.

    After finishing law school, Chowdhury clerked in New York City for U.S. District Judge Denise L. Cote and 2nd U.S. Circuit Court of Appeals Judge Barrington Parker Jr.

    She has served on the Presidential Task Force on Building Public Trust in the American Justice System.

    Her appointment was consistent with President Joe Biden’s pledge to emphasize diversity in background, race and gender in his judicial nominations.

    Two years ago, the Senate confirmed the nation’s first federal Muslim judge, Zahid Quraishi, to serve as a district court judge in New Jersey. Quraishi’s first day on the job at a New York law firm was Sept. 11, 2001. He would go on to join the Army’s legal arm and served two deployments in Iraq.

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  • A transgender girl misses her high school graduation after Mississippi judge denies emergency plea to permit her to go in a dress and heels | CNN

    A transgender girl misses her high school graduation after Mississippi judge denies emergency plea to permit her to go in a dress and heels | CNN

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    CNN
     — 

    A transgender teen in Mississippi missed her high school graduation after a federal judge denied a motion requesting she be allowed to wear a dress and heels under her robe.

    The 17-year-old, identified in court documents by her initials “L.B.,” did not attend her Gulfport high school graduation, according to the American Civil Liberties Union of Mississippi. She opted to miss the ceremony when she was told she had to wear boy’s clothes to attend, telling CNN she would “rather stand up for what’s right than be humiliated.”

    The family has asked for the teen’s full name to be withheld for privacy and safety reasons.

    On May 9, less than two weeks before graduation, L.B. says she was pulled into Harrison Central High School Principal Kelly Fuller’s office and asked what she was going to wear for graduation.

    “I told her I was going to wear a white dress, then she told me I was not going to be allowed to wear a dress, and I would have to wear boy clothes,” L.B. said. “And she stated that the Superintendent called her asking about what students would wear to graduation.”

    As far as she knows, no other students were asked the same question.

    L.B. says she has attended Harrison Central High School as a girl for the past four years. She attended prom wearing a blue sparkly dress without any objection from the school. “I was being me, and I felt very accepted at the time,” she said. “I felt very understood. I felt that I had a great support system at that school.”

    L.B. and her parents, Samantha Brown and Henry Brown, filed the federal lawsuit Thursday, demanding Harrison County School District allow the teen to wear what she wishes during Saturday’s graduation ceremony from Harrison Central High School.

    Attorneys with the ACLU of Mississippi are representing the family.

    The Browns cited a violation of their child’s civil rights, accusing the school district of discrimination on the basis of sex and gender and violating the teen’s First Amendment rights, according to the complaint.

    On Friday, the day before graduation, a federal judge in Gulfport, Mississippi, denied a motion filed by L.B.’s family requesting she be allowed to wear her dress and heels at the high school graduation.

    The teen had picked out a dress and heels to wear with the traditional cap and gown in accordance with the school’s dress code for female students, according to a media release from the ACLU.

    “Our client is being shamed and humiliated for explicitly discriminatory reasons, and her family is being denied a once-in-a-lifetime milestone in their daughter’s life,” ACLU spokesperson Gillian Branstetter told CNN in an email. “No one should be forced to miss their graduation simply because of who they are.”

    Samantha Brown, L.B.’s mother, explained that after the conversation with the principal, they learned the dress code policy throughout the school year was different from the policy for graduation.

    A commencement participation agreement is included within the court documents. It shows L.B. and her mother signed the document on March 14, 2023, agreeing to follow conditions required for participating in the graduation ceremony.

    The Harrison County School District’s policy on graduation states: “Students are expected to wear dress shoes, dress clothes (dresses or dressy pant-suit for girls and dress pants, shirt, and tie for the boys).” The policy does not mention dress code rules for LGBTQ students or specify students must dress according to their sex assigned at birth.

    “Graduation school dress policy is girls have to wear white dresses and boys wear a white button up shirt with a tie and black pants and socks with black dress shoes,” Brown said. “This has never been an issue before. We felt like we were abiding by the dress code according to what she identifies as.”

    CNN has reached out to the Harrison County School District and Harrison Central High School for comment.

    L.B. called the news “unexpected and shocking,” saying, “I couldn’t understand why they would change it so suddenly.”

    “You’ve been allowing me to be this way, be myself, and express myself this way for so long. And it wasn’t even a thought in my mind that they would do this to me,” she told CNN.

    “This is a celebration of my high school, this is a celebration of my finish line,” L.B. said. “For me to be forced into something that I’m not, it wouldn’t have been fun for me at all…this kind of injustice is not okay.”

    “We have to do better as a community, as a country, as a state, as a city, as a county, we have to do better,” the teenager added.

    Brown said the ruling from the judge on Friday was hurtful and caused humiliation for her daughter, stating her opinion that it would have been more of a “distraction and shock to her peers and other teachers to show up like that, other than the way she usually dresses.”

    “She’s a good student, she made it to the finish line … that should be more of the things the children should be worried about rather than whether they will be targeted by what they identify as,” Brown said.

    Brown said they will be evaluating their legal options moving forward. “We’re going to continue to speak on this and continue to fight for what we feel is right,” she added.

    According to court documents, the school policy states that “a high school graduation ceremony is a sacred and inspirational ritual which is intended to be surrounded with decorum of dignity, grace, solemnity, reverence, pomp and circumstance.”

    “Students whose attire does not meet the minimum dress requirements may not be allowed to participate in the graduation exercises,” the policy states.

    “My graduation is supposed to be a moment of pride and celebration and school officials want to turn it into a moment of humiliation and shame,” L.B. said in the ACLU release. “The clothing I’ve chosen is fully appropriate for the ceremony and the superintendent’s objections to it are entirely unfair to myself, my family, and all transgender students like me. I have the right to celebrate my graduation as who I am, not who anyone else wants me to be.”

    Fact check: Why state lawmakers around the country keep citing junk science

    The student has been openly transgender since she began attending the school as a freshman, according to the complaint, and her identity has been known to her classmates, teachers, and administrators.

    Mitchell King, the superintendent of Harrison County School District, testified in court documents that the district relies on birth certificates to record whether students are male or female.

    The complaint describes a phone conversation between Samantha Brown and King, in which King says L.B. “is still a boy,” therefore “he needs to wear pants, socks, and shoes, like a boy.”

    The complaint also notes L.B. attended the school’s prom last year wearing a formal dress and high-heeled shoes, without any issues or repercussions.

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  • Montana has become the first state to ban TikTok. Here’s what happens next.

    Montana has become the first state to ban TikTok. Here’s what happens next.

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    Montana has officially become the first state in the country to ban TikTok after Republican Gov. Greg Gianforte signed the bill into law on Wednesday, May 17. The law is set to take effect in January 2024 and is already facing legal challenges.

    “To protect Montanans’ personal and private data from the Chinese Communist Party, I have banned TikTok in Montana,” wrote Gianforte on Twitter.

    The ban was quickly criticized by the ACLU amid concerns that the bill infringes on First Amendment rights.

    “With this ban, Governor Gianforte and the Montana legislature have trampled on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information, and run their small business in the name of anti-Chinese sentiment,” said Keegan Medrano, policy director at the ACLU of Montana. “We will never trade our First Amendment rights for cheap political points.”

    The governor’s office claimed in a news release about the ban that “penalties will be enforced by the Montana Department of Justice,” and that anyone in violation of the law is liable to pay $10,000 per violation, and also liable for an additional $10,000 each day the violation continues, according to the text of S.B. 419.

    “Governor Gianforte has signed a bill that infringes on the First Amendment rights of the people of Montana by unlawfully banning TikTok, a platform that empowers hundreds of thousands of people across the state,” said TikTok in a statement provided to CBS News. “We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana.”

    Last month, Montana became the first state to pass a bill banning the app — which raised concerns from technology experts about how realistic expectations were around enforcement. 

    At a hearing about the bill in March, a representative from TechNet said that app stores “do not have the ability to geofence” apps on a state-by-state basis, making it impossible for the restriction to be enforceable in popular app marketplaces, such as the Apple App Store or the Google Play App Store.

    Some have also argued that banning the app may infringe users’ First Amendment rights. “Montanans are indisputably exercising their First Amendment rights when they post and consume content on TikTok,” said Jameel Jaffer, executive director at the Knight First Amendment Institute at Columbia University, in a statement. “Because Montana can’t establish that the ban is necessary or tailored to any legitimate interest, the law is almost certain to be struck down as unconstitutional.”

    In March, Gianforte banned TikTok from government devices in Montana, joining the Biden administration, which also banned the platform from all federal employee devices.

    Why is TikTok being banned? 

    TikTok has been an ongoing subject of debate in both local and federal government, as concerns mount in several areas, such as the potential for TikTok to be addicting to younger users and the ability for people to use the app to spread misinformation or incite violence. While these are concerns for other major social media platforms as well, what makes TikTok particularly alarming to government officials are privacy issues related to the app’s ownership by China-based ByteDance. 

    Like all Chinese companies, ByteDance has ties to the Chinese Communist Party, and as tensions continue to mount between the U.S. and China, access to user data has become a point of uneasiness for Congress, the Biden administration, and state and local governments. Many now see banning the platform as a simple solution.


    Why TikTok faces bans in the U.S.

    06:51

    TikTok has repeatedly denied that it shares any data with the Chinese government.

    Michael Beckerman, TikTok’s head of public policy for the Americas, has told CBS News that lawmakers’ concerns over TikTok sharing user data with the Chinese government are overstated and “makes for good politics.” He also said that TikTok collects less data than other social media apps and is working to move user data to servers in the U.S., out of reach of China.  

    Some experts agree that national security concerns over TikTok are unfounded.

    Milton Mueller, a professor of cybersecurity and public policy at Georgia Tech, previously told CBS News, “There have been three technical studies done of this. They basically all say it is exactly what they tell you it is in their privacy statement.”

    What comes next?

    A group of TikTok users in Montana on Wednesday, May 17, filed the first challenge to the law in U.S. District Court in Montana. They alleged that the state’s ban on the app infringes on their constitutional right to freedom of speech.

    “The Act attempts to exercise powers over national security that Montana does not have and to ban speech Montana may not suppress,” read the complaint, which was filed by five content creators.

    “Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes,” the lawsuit continued.

    TikTok has declined to comment on the suit and has not yet announced its own challenge to the law.

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  • Oklahoma governor signs gender-affirming care ban for kids

    Oklahoma governor signs gender-affirming care ban for kids

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    Oklahoma on Monday became the latest state to ban gender-affirming medical care for minors as Republican Gov. Kevin Stitt signed a bill that makes it a felony for healthcare workers to provide children with treatments that can include puberty-blocking drugs and hormones.

    Oklahoma joins at least 15 other states with laws banning such care, as conservatives across the country have targeted transgender rights.

    Stitt, who was reelected in November, made the ban a priority of this year’s legislative session, saying he wanted to protect children. Transgender advocates and parents of transgender children say such care is essential.

    Stitt signed bills last year that prohibit transgender girls and women from playing on female sports teams and prevent transgender children from using school bathrooms that correspond to their gender identity.

    “Last year, I called for a statewide ban on all irreversible gender transition surgeries and hormone therapies on minors so I am thrilled to sign this into law today and protect our kids,” Stitt said in a statement released after the signing. “We cannot turn a blind eye to what’s happening across our nation, and as governor I am proud to stand up for what’s right and ban life-altering transition surgeries on children in the state of Oklahoma.”

    The bill Stitt signed on Monday makes it illegal to provide gender-transition medical care for anyone under the age of 18. Such treatment can include surgery as well as hormones and drugs that suppress or delay normal puberty.

    Transgender advocates and parents of transgender children say such care is essential.

    Several civil liberty organizations, including the American Civil Liberties Union of Oklahoma, has promised to “take any necessary legal action” to prevent the law from taking effect.

    “Gender-affirming care is a critical part of helping transgender adolescents succeed, establish healthy relationships with their friends and family, live authentically as themselves, and dream about their futures,” Lambda Legal, the ACLU and the ACLU said in a joint statement.

    At least 16 states have now enacted laws restricting or banning gender-affirming care for minors: Alabama, Arkansas, Arizona, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Montana, North Dakota, Oklahoma, Tennessee, Utah, South Dakota and West Virginia. Federal judges have blocked the enforcement of laws in Alabama and Arkansas, and nearly two dozen states are considering bills this year to restrict or ban care.

    Three states — Florida, Missouri and Texas — have banned or restricted the care via regulations or administrative orders and Missouri’s is the only one that also limits the treatments for adults. A judge has blocked Missouri’s restrictions. Texas’ governor has ordered child welfare officials to investigate reports of children receiving such care as child abuse, though a judge has blocked those investigations.

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  • Citing State Law, an Idaho College Censored an Art Exhibit That Mentioned Abortion

    Citing State Law, an Idaho College Censored an Art Exhibit That Mentioned Abortion

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    Lydia Nobles, a New York-based artist, thought everything was going smoothly with the installation of her artwork at Lewis-Clark State College’s Center for Arts and History, in Idaho.

    Nobles’s work, a series of videos of women talking about their experiences with abortion and pregnancy, was going to be included in a group show, called “Unconditional Care,” that focused on health issues.

    But on February 28, the artist got an email from the center’s director, Emily Johnsen, saying that Nobles’s work could not be included in the show. The decision was made, the email said, after consulting with lawyers and “based on current Idaho Law,” specifically a recent law that makes it illegal to use public funds to “promote” or “counsel in favor of” abortion.

    By the time the show opened last Friday, the college had removed two other artists’ works and edited a wall label that mentioned abortion.

    The episode confirms the fears of free-speech advocates who have taken note of Idaho’s particularly restrictive abortion ban. The law’s language is vague, leaving the state’s public colleges to interpret for themselves and their employees what it means to “promote” abortion in the context of scholarship, teaching, and art. Last year the University of Idaho told its staff and faculty members that they must remain “neutral” on the topic of abortion and reproductive health. Such forceful interpretations have not been limited to Idaho.

    The American Civil Liberties Union and the National Coalition Against Censorship wrote a letter to Cynthia L. Pemberton, the college’s president, urging the institution to reconsider its decision to exclude Nobles’s work from the show and condemning its reading of the No Public Funds for Abortion Act, or the NPFAA.

    “The College’s interpretation of the NPFAA — that it applies to works of art depicting the discussion of abortion — demonstrates the potential abuses of the Act,” the letter said. The decision, the groups said, threatens the First Amendment “by censoring Nobles’ important work and denying visitors of the Center the opportunity to view, consider, and discuss it.”

    For her piece, Nobles interviewed 26 people about their pregnancies. Most of the participants had proceeded with abortions, though some had not. For the show at Lewis-Clark State College, she narrowed the work to four videos. She did not intend to advocate for or against abortion, she said, but to allow people to tell their stories.

    “I was really interested in documenting people’s perspectives,” Nobles said. “Allowing them to frame their story how they wanted to frame it.”

    Nobles said she asked the center’s director what the college had objected to, hoping there might be a way to compromise and still include some of her work. But, she said, she never heard back. None of her videos were in the show and her name was not included on the center’s website or the exhibit’s news release.

    The college also removed one of the works by Katrina Majkut, an artist who curated the exhibition. The day before the show opened last Friday, Majkut walked through the exhibit with college administrators. She said they were concerned about a piece of hers that depicts abortion pills. She was told by administrators, whom she declined to name, that she could not include that piece in the show. Majkut said she was also asked to remove some language from a wall label that mentioned abortion in the context of IVF treatments.

    A Lewis-Clark State College spokesperson said in a statement to The Chronicle that college officials became aware of concerns about the show on the night of February 26.

    “Within 24 hours the college engaged legal counsel to try to determine if any of the concerns might be in conflict with Idaho Code Section 18-8705,” the statement said. “On Feb. 28, within hours of receiving legal advice that some of the proposed exhibits could not be included in the exhibition, the college began notifying the third-party exhibit curator and artists involved.”

    Majkut said she did not intend to create the show or a piece of artwork to protest the Idaho law or advocate a position. Both were meant to prompt discussion and learning, she said.

    “I, in my own work and in this exhibit, really aimed to create an exhibit that bridged the gap,” she said, “where anyone, regardless of their political views, could learn and discuss a topic with respect and empathy.”

    To her, the college acted out of fear.

    ”It comes at the cost of free speech and expression and at the cost of academic learning,” she said.

    Michelle Hartney, the third artist whose work was excluded, had included a piece that was a recreation of a 1920s letter that a woman wrote to Margaret Sanger, the nurse and birth-control activist. In the letter, the woman wrote that she had had two abortions, though much of the letter was about the cost and physical toll of her medical care.

    “I was pretty surprised that my piece was pulled,” Hartney said. “I view it as a historical document. It’s really just a copy of that letter.”

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  • What is Section 230, the rule that shaped the modern internet?

    What is Section 230, the rule that shaped the modern internet?

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    Twenty-six words tucked into a 1996 law overhauling telecommunications have allowed companies like Facebook, Twitter and Google to grow into the giants they are today.

    A case coming before the U.S. Supreme Court this week, Gonzalez v. Google, challenges this law — namely whether tech companies are liable for the material posted on their platforms.

    Justices will decide whether the family of an American college student killed in a terror attack in Paris can sue Google, which owns YouTube, over claims that the video platform’s recommendation algorithm helped extremists spread their message.

    A second case, Twitter v. Taamneh, also focuses on liability, though on different grounds.

    The outcomes of these cases could reshape the internet as we know it. Section 230 won’t easily be dismantled. But if it is, online speech could be drastically transformed.


    What is Section 230 and why do people want it repealed?

    12:55

    What is Section 230?

    If a news site falsely calls you a swindler, you can sue the publisher for libel. But if someone posts that on Facebook, you can’t sue the company — just the person who posted it.

    That’s thanks to Section 230 of the 1996 Communications Decency Act, which states that “no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

    That legal phrase shields companies that can host trillions of messages from being sued into oblivion by anyone who feels wronged by something someone else has posted — whether their complaint is legitimate or not.

    Politicians on both sides of the aisle have argued, for different reasons, that Twitter, Facebook and other social media platforms have abused that protection and should lose their immunity — or at least have to earn it by satisfying requirements set by the government.

    Section 230 also allows social platforms to moderate their services by removing posts that, for instance, are obscene or violate the services’ own standards, so long as they are acting in “good faith.”

    Where did section 230 come from?

    The measure’s history dates back to the 1950s, when bookstore owners were being held liable for selling books containing “obscenity,” which is not protected by the First Amendment. One case eventually made it to the Supreme Court, which held that it created a “chilling effect” to hold someone liable for someone else’s content.

    That meant plaintiffs had to prove that bookstore owners knew they were selling obscene books, said Jeff Kosseff, the author of “The Twenty-Six Words That Created the Internet,” a book about Section 230.

    Fast-forward a few decades to when the commercial internet was taking off with services like CompuServe and Prodigy. Both offered online forums, but CompuServe chose not to moderate its, while Prodigy, seeking a family-friendly image, did.

    CompuServe was sued over that, and the case was dismissed. Prodigy, however, got in trouble. The judge in their case ruled that “they exercised editorial control — so you’re more like a newspaper than a newsstand,” Kosseff said.

    That didn’t sit well with politicians, who worried that outcome would discourage newly forming internet companies from moderating at all. And Section 230 was born.

    “Today it protects both from liability for user posts as well as liability for any claims for moderating content,” Kosseff said.

    What happens if section 230 goes away?

    “The primary thing we do on the internet is we talk to each other. It might be email, it might be social media, might be message boards, but we talk to each other. And a lot of those conversations are enabled by Section 230, which says that whoever’s allowing us to talk to each other isn’t liable for our conversations,” said Eric Goldman, a professor at Santa Clara University specializing in internet law. “The Supreme Court could easily disturb or eliminate that basic proposition and say that the people allowing us to talk to each other are liable for those conversations. At which point they won’t allow us to talk to each other anymore.”

    There are two possible outcomes. Platforms might get more cautious, as Craigslist did following the 2018 passage of a sex-trafficking law that carved out an exception to Section 230 for material that “promotes or facilitates prostitution.” Craigslist quickly removed its “personals” section, which wasn’t intended to facilitate sex work, altogether. The company didn’t want to take any chances.


    Breaking down the Supreme Court case that could transform the internet

    04:24

    “If platforms were not immune under the law, then they would not risk the legal liability that could come with hosting Donald Trump’s lies, defamation, and threats,” said Kate Ruane, former senior legislative counsel for the American Civil Liberties Union who now works for PEN America.

    Another possibility: Facebook, Twitter, YouTube and other platforms could abandon moderation altogether and let the lowest common denominator prevail.

    Such unmonitored services could easily end up dominated by trolls, like 8chan, a site that was infamous for graphic and extremist content.

    Any change to Section 230 is likely to have ripple effects on online speech around the globe.

    “The rest of the world is cracking down on the internet even faster than the U.S.,” Goldman said. “So we’re a step behind the rest of the world in terms of censoring the internet. And the question is whether we can even hold out on our own.”

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  • Kentucky Supreme Court ruling allows state’s near-total abortion bans to remain in place for now | CNN Politics

    Kentucky Supreme Court ruling allows state’s near-total abortion bans to remain in place for now | CNN Politics

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    CNN
     — 

    The Supreme Court of Kentucky ruled Thursday that a lower court wrongfully stopped the enforcement of two state abortion laws, according to court documents.

    The two measures are Kentucky’s so-called trigger law banning the procedure and a separate “heartbeat” law restricting abortions at around six weeks of pregnancy.

    Siding with Republican Attorney General Daniel Cameron, Justice Debra Hembree Lambert asserted in her opinion that the circuit court “abused its discretion by granting abortion provider’s motion for a temporary injunction.”

    Planned Parenthood, along with an abortion provider represented by the American Civil Liberties Union and the ACLU of Kentucky, sued to block Kentucky’s sweeping abortion laws after the Supreme Court overturned Roe v. Wade last year.

    They filed two complaints challenging the two statutes, which effectively prohibit abortions in Kentucky except in limited circumstances where it is necessary to preserve the life of the mother, according to the opinion.

    The near-total bans outlaw abortion in most instances with no exceptions for rape or incest, making Kentucky one of 13 states that have banned or severely restricted abortion.

    The plaintiffs argued that the laws violate the state’s constitutional rights to privacy, bodily autonomy, and self-determination, Planned Parenthood and the ACLU said in a statement.

    After a circuit court temporarily enjoined the abortion bans last summer, an appellate court judge granted the attorney general’s emergency request to dissolve the injunction, but an appellate panel later recommended that the state’s highest court weigh in on the injunction.

    The Supreme Court of Kentucky ruled that the abortion providers did not have the standing to challenge the six-week ban because they had not argued it violated their own constitutional rights, only those of their patients.

    Although the court found that the abortion providers have standing to challenge the trigger ban, it ruled that the abortion providers did not show they were sufficiently harmed by the ban to warrant a temporary injunction on its enforcement, according to the opinion.

    Instead, the court remanded the case to the lower court to determine the constitutionality of the trigger ban, the opinion stated.

    The opinion does not determine whether the Kentucky Constitution protects the right to receive an abortion, as there was no “appropriate party” to raise the issue in the suit, according to Lambert.

    “Nothing in this opinion shall be construed to prevent an appropriate party from filing suit at a later date,” she said.

    In a statement, Planned Parenthood and the ACLU expressed disappointment with the ruling but said “this fight is not over.”

    “Once again, the Kentucky Supreme Court failed to protect the health and safety of nearly a million people in the state by refusing to reinstate the lower court order blocking the law,” the statement said.

    The statement added, “Even after Kentuckians overwhelmingly voted against an anti-abortion ballot measure, abortion remains banned in the state. We are extremely disappointed in today’s decision, but we will never give up the fight to restore bodily autonomy and reproductive freedom in Kentucky.”

    Cameron called the ruling a “significant victory” Thursday.

    “Since the U.S. Supreme Court overruled Roe v. Wade last June, we have vigorously defended Kentucky’s Human Life Protection Act and Heartbeat Law,” he said in a statement. “We are very pleased that Kentucky’s high court has allowed these laws to remain in effect while the case proceeds in circuit court.”

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  • Utah becomes first state to ban gender-affirming care for trans youth in 2023

    Utah becomes first state to ban gender-affirming care for trans youth in 2023

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    Utah Governor Spencer Cox signed a bill Saturday that bans hormone replacement therapy and gender-affirming surgery for transgender youth, making Utah the first state in 2023 to ban such care.

    Senate Bill 16 provides new restrictions on trans youth seeking medical care in Utah, specifically banning “hormonal transgender treatment to new patients who were not diagnosed with gender dysphoria” before the bill went into effect, and “sex characteristic surgical procedures on a minor for the purpose of effectuating a sex change.”

    SB16 also requires the Department of Health and Human Services to conduct “a systematic review of the medical evidence regarding hormonal transgender treatments,” and subsequently, to “provide recommendations to the Legislature.”

    Cox said in a statement that the bill is not “perfect,” but ultimately wrote in its defense, “More and more experts, states and countries around the world are pausing these permanent and life-altering treatments for new patients until more and better research can help determine the long-term consequences.”

    “While we understand our words will be of little comfort to those who disagree with us, we sincerely hope that we can treat our transgender families with more love and respect as we work to better understand the science and consequences behind these procedures,” Cox added.

    The Utah chapter of the ACLU was quick to condemn the bill on Twitter, writing, “Trans kids are kids — they deserve to grow up without constant political attacks on their lives and health care.”

    “We will defend that right,” the organization added. “We see you. We Support You.”

    Cox had not publicly signaled support or disapproval for the bill until signing it this weekend. The governor previously made headlines in 2022 for vetoing a bill that would bar trans athletes from playing girls’ sports, citing suicide statistics.

    “Rarely has so much fear and anger been directed at so few,” wrote Cox in a letter to the state’s legislative leaders at the time.

    “I don’t understand what they are going through or why they feel the way they do. But I want them to live,” he added.

    The legislature ultimately overrode Cox’s veto. 

    According to the U.S. Department of Health and Human Services, “Early gender affirming care is crucial to overall health and well-being” for trans and nonbinary youth, “as it allows the child or adolescent to focus on social transitions and can increase their confidence while navigating the healthcare system.”

    Thousands of New Yorkers took to the streets of Manhattan to participate on the Reclaim Pride Coalition’s (RPC) fourth annual Queer Liberation March, where no police, politicians or corporations were allowed to participate. This year, the march highlighted Trans and BIPOC Lives, Reproductive Justice, and Bodily Autonomy.

    Erik McGregor/LightRocket via Getty Images


    But the rights of trans Americans have continued to be up for debate in America, with more and more states introducing legislation that restricts or bans access to healthcare, prohibits trans people from participating in sports concurrent with their gender identities and more.

    Experts say that access to gender-affirming care can be a life-or-death issue for trans youth. A study published in the journal Pediatrics found that nearly 51% of female-to-male respondents had attempted suicide, while the average youth suicide rate in the U.S. is 9%, according to a 2022 study by UCLA.

    Studies have shown that access to medical transition can be a major step in improving quality of life for trans people. An analysis of 56 peer-reviewed works by the What We Know Project found that in 93% of the studies, gender transition improved the overall well-being of trans respondents. 

    Even so, more than two dozen states tried to enact measures that would either heavily restrict or completely ban access to gender-affirming care for trans youth in 2022, according to The Hill.

    Additionally, 20 bills that targeted trans medical care were pre-filed in at least nine states for 2023, including Utah.

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  • Federal judge says San Francisco can’t clear homeless camps

    Federal judge says San Francisco can’t clear homeless camps

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    SAN FRANCISCO — A federal judge has temporarily banned San Francisco from clearing homeless encampments, saying the city violated its own policies by failing to offer other shelter.

    Magistrate Judge Donna M. Ryu in U.S. District Court in Oakland granted an emergency order Friday night that bars the city from taking away tents and confiscating the belongings of encampment dwellers, the San Francisco Chronicle reported.

    The move came in a lawsuit filed on behalf of homeless plaintiffs that sought to stop San Francisco from dismantling homeless encampments until it has thousands of additional shelter beds.

    Ryu cited evidence presented by the plaintiffs that the city regularly and illegally failed to offer shelter to inhabitants before clearing the encampments and improperly seized or threw out their belongings, including cellphones, medication, identification and even prosthetic limbs.

    The city’s arguments in its defense were “wholly unconvincing,” the judge said.

    In a statement, Mayor London Breed decried the emergency order.

    “Mayors cannot run cities this way,” she said. “We already have too few tools to deal with the mental illness we see on our streets. Now we are being told not to use another tool that helps bring people indoors and keeps our neighborhoods safe and clean for our residents.”

    Breed said many people encountered during the cleanups “are refusing services or are already housed” and some use the encampments for “drug dealing, human trafficking and other illegal activities.”

    City attorneys have said its policies balance the rights of homeless people with a need to maintain clean and safe public spaces. In court documents, they said homeless people get plenty of notice of upcoming cleanings, receive offers of help and shelter and are asked to leave an encampment only after declining an offer to stay elsewhere.

    But the judge pointed to evidence provided by the Coalition on Homelessness and seven plaintiffs, containing academic analysis and detailed eyewitness accounts of numerous sweeps in the past three years that show homeless people were deprived of personal items and pushed out with nowhere to go.

    “The policy isn’t the problem,” Ryu said in a virtual hearing Thursday. “The question is how is that policy being executed.”

    There are an estimated 7,800 homeless people in San Francisco and the city has acknowledged that it is short thousands of available temporary or permanent beds.

    There were 34 beds available as of Friday, said Zal K. Shroff, senior attorney with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, one of several legal organizations representing the coalition.

    The lawsuit is among several pending in Western states where visible homelessness has grown amid a shortage of shelter beds and affordable housing.

    Last week, a federal judge issued an emergency injunction to stop the city of Phoenix from conducting sweeps of a large homeless encampment downtown, in response to a lawsuit filed by the ACLU of Arizona. Authorities cannot enforce camping bans on anyone unable to obtain a shelter bed and can only seize property that is illegal or a threat.

    The ACLU of New Mexico and others sued the city of Albuquerque this week, alleging officials are destroying encampments and criminalizing people for being homeless.

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  • Homeless people ask court to stop San Francisco tent sweeps

    Homeless people ask court to stop San Francisco tent sweeps

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    SAN FRANCISCO — Homeless people and their advocates are asking a federal judge for an emergency order to stop the city of San Francisco from dismantling tent encampments and forcing unhoused people to move along from public property until the city has enough shelter beds to offer as alternatives.

    The American Civil Liberties Union Foundation of Northern California is assisting with the San Francisco lawsuit filed by homeless people and their advocates, which alleges that the city clears out encampments not to connect homeless people to services and housing but in response to neighborhood complaints.

    Plaintiffs also want a preliminary injunction to stop San Francisco from seizing tents, clothing and other belongings of homeless people unless it follows its own policies of bagging and tagging items for safekeeping for up to 90 days. They will ask the court at a hearing Thursday for a special master to keep tabs on the city.

    Attorneys for San Francisco say its policies balance the rights of the unhoused with a need to keep San Francisco’s public spaces clean and safe. In court documents, attorneys said that homeless people are asked to leave an encampment only after receiving and declining an offer of shelter.

    They also said that city policies allow them to dispose of certain items, including garbage and items that present a health or safety risk, but that other items are bagged and tagged and stored for 90 days.

    “San Francisco aims to provide permanent, secure housing to all who need it. We look forward to discussing with the court the city’s services-first approach and the significant investments the city has made to address our homelessness crisis,” said Jen Kwart, spokeswoman for the office of City Attorney David Chiu.

    The Coalition on Homelessness and seven people who are homeless or formerly homeless sued the city in September, the latest in a yearslong battle between politically liberal San Francisco and the thousands of people sleeping on sidewalks and in vehicles along neighborhood streets.

    It’s a battle playing out in other western U.S. states, where more homeless people tend to live unsheltered outdoors than inside shelters, frustrating homeowners, businesses and government leaders. In 2018, the U.S. Court of Appeals for the Ninth Circuit ruled it unconstitutional to cite or arrest people for sleeping in public when there is no shelter available.

    Last week, a federal judge issued an emergency injunction to stop the city of Phoenix from conducting sweeps of a large homeless encampment downtown, in response to a lawsuit filed by the ACLU of Arizona. Authorities cannot enforce camping bans on anyone unable to obtain a shelter bed and can only seize property that is illegal or a threat.

    The ACLU of New Mexico and others sued the city of Albuquerque this week, alleging officials are destroying encampments and criminalizing people for being homeless.

    Zal K. Shroff, senior attorney with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, another legal organization representing the coalition, said San Francisco needs at least an additional 4,000 shelter beds and much more affordable housing.

    Homeless people are ordered to pack up and leave even before outreach workers know the number and kinds of beds available that day, resulting in offers of shelter that are largely performative, he said.

    “Clearing tents just means throwing someone’s entire life into a garbage can. That is not solving homelessness,” said Shroff. “It’s a temporary fix so people can think that their neighborhood looks nicer for a day.”

    But attorneys for San Francisco described in documents a more methodical process in which the director of the Healthy Streets Operations Center, the city office that coordinates encampment cleanups, identifies by mid-week spots to clean the following week, taking into account the number of beds projected to be available.

    Outreach workers go to targeted encampments over the weekend to explain what will happen, assess residents for housing, and post written notices of the upcoming cleanup, according to court documents. The Department of Public Works will not begin cleaning until outreach is complete, the city states.

    “San Francisco trains its employees on these policies and through effective oversight ensures these policies are followed,” attorneys for the city wrote. “In the absence of systemic training failures, plaintiffs have offered no basis for imposing municipal liability on San Francisco.”

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  • Judge denies 19-year-old’s ask to attend father’s execution

    Judge denies 19-year-old’s ask to attend father’s execution

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    ST. LOUIS — A federal judge has denied a request from a 19-year-old woman to allow her to watch her father’s death by injection, upholding a Missouri law that bars anyone under 21 from witnessing an execution.

    Kevin Johnson is set to be executed Tuesday for killing Kirkwood, Missouri, Police Officer William McEntee in 2005. Johnson’s lawyers have appeals pending that seek to spare his life.

    His daughter, Khorry Ramey, had sought to attend the execution, and the American Civil Liberties Union had filed an emergency motion with a federal court in Kansas City. The ACLU’s court filing said the age requirement served no safety purpose and violates Ramey’s constitutional rights. But U.S. District Judge Brian C. Wimes ruled late Friday that Ramey’s constitutional rights would not be violated by the law.

    “I’m heartbroken that I won’t be able to be with my dad in his last moments,” Ramey said in a statement. “My dad is the most important person in my life. He has been there for me my whole life, even though he’s been incarcerated.”

    While the judge acknowledged that the law would cause emotional harm for Ramey, he found that was just one part of the court’s consideration and the law did not violate her constitutional rights.

    Ramey said she was praying that Gov. Michael Parson would grant her father clemency. Johnson’s lawyers have filed appeals seeking to halt the execution. They don’t challenge his guilt but claim racism played a role in the decision to seek the death penalty, and in the jury’s decision to sentence him to die. Johnson is Black and McEntee was white.

    Johnson’s lawyers also have asked the courts to intervene for other reasons, including a history of mental illness and his age — he was 19 at the time of the crime. Courts have increasingly moved away from sentencing teen offenders to death since the Supreme Court in 2005 banned the execution of offenders who were younger than 18 at the time of their crime.

    In a court filing to the U.S. Supreme Court, the Missouri Attorney General’s Office stated there were no grounds for court intervention.

    “The surviving victims of Johnson’s crimes have waited long enough for justice, and every day longer that they must wait is a day they are denied the chance to finally make peace with their loss,” the state petition stated.

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