News & Commentary

As a new map out from the ACLU makes clear, Maine is a leader on protecting the privacy of our residents. 

Many of us are still reeling from the Supreme Court’s 5-4 ruling on Burwell v. Hobby Lobby. The decision, delivered on Monday, concluded that closely held for-profit corporations do not have to comply with the contraceptive mandate portion of the Affordable Care Act. Closely held corporations are, generally, corporations that have more than 50% of their outstanding stock owned by five or fewer individuals at any time during the last half of the tax year. The majority opinion in the decision states that complying with the contraceptive mandate stands in violation of the Religious Freedom Restoration Act (RFRA), a federal law that states that the government cannot pass laws that substantially burden the practice of religion. In her dissent, Justice Ginsberg called the ruling “a decision of startling breadth.” For a thorough explanation of the ruling, read Rachael’s blog about Monday’s decision.

Last week, the New York Times published an article on sky-high phone rates and money transfer fees in prison. The article focuses on Clallam Bay Corrections Center, a state prison in rural Washington. There, phone calls start at $3.15, outgoing emails at 33 cents and all money transfers at $4.95. Two private companies, Global Tel-Link and JPay, are contracted to provide all phone, Internet and money transfers to the prisoners there.

On Wednesday, we’ll be sponsoring a special screening in Portland of “The Internet’s Own Boy,” the story of programming prodigy and information activist Aaron Swartz. Before taking his own life at the age of 26, Aaron was a technological whiz kid with his fingerprints all over the Internet. But in his final years his political activism and aggressive approach to information access ensnared him in a legal battle with the government that threatened to put him in prison for decades.We’re excited to present this film not only because it tells Aaron’s compelling personal story, but also because it touches on many new areas of law that the ACLU has been dealing with over the past few years. From free speech on the Internet to net neutrality to the overall relationship between

Today’s decision in Burwell v. Hobby Lobby (formerly Sebelius v. Hobby Lobby) dealt a serious blow to a woman’s right to comprehensive healthcare. In a closely divided 5-4 decision, the court held that the contraceptive mandate portion of the Affordable Care Act (ACA), which requires employer health plans provide comprehensive coverage for women’s health, violated the federal Religious Freedom Restoration Act (RFRA). The case arose when two for-profit corporations, Hobby Lobby and Conestoga Wood, sued the government arguing that covering certain forms of contraception, including emergency contraception and IUDs, violated their religious beliefs. In striking down the contraceptive mandate, the court has given employers the right to decide whether women have access to affordable contraceptives, along with what type and in what circumstances.

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation.

A year ago today, we celebrated when the Supreme Court struck down DOMA as a result of our case with Edie Windsor. Edie's win was a win for all of us, and it markes a turning point in the fight for the freedom to marry. Today, it seems there's no going back. 

In a landmark victory for privacy rights, the Supreme Court today handed down a unanimous decision in Riley v. California mandating that police officers obtain a search warrant before examining the contents of an arrestee’s cell phone. The case arose in part after police officers in California arrested the defendant, Riley, for driving with expired registration tags. After searching through Riley’s cell phone, the police discovered photos and other data that incriminated Riley in a prior crime. Riley claimed the search of his cell phone constituted a violation of his Fourth Amendment right to be free from unreasonable searches and seizures. The Supreme Court agreed.

Yesterday, the ACLU released a report on the rise of heavily armed Special Weapons and Tactics (SWAT) teams in cities and towns across America.  War Comes Home: The Excessive Militarization of American Policing is based on a year-long investigation into state and local law enforcement agencies, and includes the first-ever publicly-available statistical analysis of raw police data on the use of paramilitary weapons and tactics to conduct domestic policing.