News & Commentary

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation. Guantanamo Prisoners in Guantanamo are now in their third month of a hunger strike. This past Wednesday’s New York Times article gives more details. One prisoner’s Op-Ed (here) describes being painfully force-fed with a feeding tube. In his words for the Op-Ed, “I’ve been detained at Guantánamo for 11 years and three months. I have never been charged with any crime. I have never received a trial. I could have been home years ago — no one seriously thinks I am a threat — but still I am here.”   Privacy and Technology The ACLU of Maine is currently supporting a package of privacy bills. Three of five of those bills will have their public hearings this coming Thursday.  One of those bills protects employees from having to forfeit passwords to their social media accounts to their employers. As Allie Bohm, advocacy and policy strategist for our National office, is quoted saying here, "We'd balk if an employer said, 'I want to look at your photo albums once a week or listen in on your dinner party conversation.’…By allowing them to monitor your social-media presence, that's what they might be doing."   In other privacy related news, the Senate Judiciary Committee voted to update the main statute protecting online privacy, the Electronic Communication Privacy Act. Read more here.    Two other articles of interest for electronic-privacy minded civil libertarians include this one on how students can protect their privacy and this one  describing how Facebook and data brokers work together to show you targeted ads.

I started writing this blog post yesterday afternoon, while sitting in the Judiciary Committee hearing room at the Maine State Legislature. I was waiting for the third committee work session on our proposed restrictions on the use of surveillance drones, and I had a plan: any time that I am sitting in a committee hearing waiting for my bill, and I take out my laptop to do work, then my bill comes up almost as soon as my laptop turns on. Sure enough. . .  Now it is Friday, and the Judiciary Committee has not yet come to an agreement about the appropriate level of restrictions for drones (maybe next week). I'm still optimistic for the bill's chances, and more than that I'm optimistic about the improvement of privacy protection across the country. Yesterday, while the Maine Legislature Judiciary Committee was discussing drone regulation, the U.S. House of Representatives Judiciary Subcommittee on Crime, Terrorism, Homeland Security and Investigations was discussing electronic record privacy. There seems to be some positive movement in D.C. as well. You can read about the reason for the congressional hearing here, and you can read about my friend Catherine Crump's contribution to that hearing here. For those of you who would like to be a part of the fight for increased privacy protection, the Maine Legislature Judiciary Committee will hold public hearings next Thursday, May 2 on three important bills: LD 1377: An Act To Protect Cellular Telephone Privacy; LD 313: An Act to Create the Maine Online Privacy Protection Act; and LD 1194: An Act to Protect Social Media Privacy in School and the Workplace. The hearings start at 1:00 pm. As for drones, the Judiciary Committee will hold its next work session on the bill on Wednesday, May 1. You can come to the Statehouse to watch the discussion, or you can listen at home through the Judiciary Committee audio feed.

Women balancing work and family know that gender discrimination is more subtle than it was just decades ago.  Women are unlikely to be told by a prospective employer "we don't hire women," like Sandra Day O'Connor was when more than forty law firms would not give her an interview following her 1950 graduation from Stanford Law School.  However, women who seek accommodations from an employer for pregnancy or breastfeeding are often denied or challenged on those requests.  Too often, the lack of legal protections under the law mean that women who are pregnant or returning to work after giving birth must make a difficult or impossible choice about continued employment or the health and well-being of themselves and their child. Two bills, LD 777 and LD 830, would make minor changes to Maine law that would have a major positive impact on the lives of working mothers and their families.  Yesterday, the ACLU of Maine testified in favor of these bills to protect the rights of pregnant workers and women who are breastfeeding.  In our testimony, I spoke about the lack of legal remedies in the law, the firsthand complaints we have heard from women, and the ACLU's advocacy across the country in court to defend the rights of mothers. The Judiciary Committee also heard testimony about a woman who was forced by her employer to use a Port-a-potty to express breast milk.  They heard testimony about another Maine woman who developed sciatica during her pregnancy, but her employer, a big-box retailer, refused to allow her a stool at work until she brought in a note from her doctor, which the employer required her to update every six weeks.  How would LD 777 and LD 830 fix these problems?  LD 777 updates Maine law to protect women who breastfeed under the Maine Human Rights Act.  The bill language proposes the following:  "It is unlawful employment discrimination in violation of this Act, except where based on a bona fide occupational qualification, for an employer to fail to provide to an employee with a nursing child the accommodations required under Title 26, section 604." LD 830 is also very simple.  It would require employers to make a "reasonable accommodation" for pregnant women during her pregnancy in the same way that they would do for any other worker with a disability. Unfortunately, opposition to these bills from the Maine Chamber of Commerce, the Maine Restaurant Association, and UNUM was fierce.  The three men who testified against the bills called them "unnecessary."  This was not entirely surprising.  The United States Chamber of Commerce opposed amending the Civil Rights Act to ban discrimination against pregnant women back in 1977.  But it's 2013.  It's time to get with the times.  A majority of Maine women and women across the country are working and *gasp* having families too.  The law should protect all women and all women's choices. The ACLU of Maine is working with our partners at the Coalition for Maine Women and Maine Women's Lobby to advocate for passage of these bills.  We were joined at yesterday's hearing by groups like Maine Right to Life and the Roman Catholic Diocese of Maine.  We could use your help too! Do you have a personal experience or story of discrimination while pregnant or breastfeeding?  State legislators on the Judiciary Committee need to hear from you!  You can send an email to the entire Judiciary Committee by contacting the committee clerk, Susan Pinette, at [email protected].  Note that all communications with the state legislature are public documents, so you should only include details of your story that you feel comfortable being shared with the public.  Even if you don't have a personal experience of discrimination, you can express your support for an update to Maine's laws to protect pregnant workers and women who breastfeed by contacting your legislators.  Click here to find your legislator and reach out to them today!

The injustice of solitary confinement and the transformative power of art are explored in Herman's House, a new feature documentary from first-time director Angad Singh Bhalla. Join the ACLU of Maine on Wednesday, April 24 at Space Gallery in Portland for a screening of this fascinating film! Herman's House follows the unlikely friendship between visual artist Jackie Sumell and Herman Wallace, one of America's most famous inmates, as they collaborate on an unprecedented - and widely acclaimed - art installation. The screening will be followed by a live video Q&A with Sumell. To learn more about the film and buy tickets, go here. To learn more about the ACLU of Maine's work to reduce the use of solitary, go here.

For many high school students, this time of year means one thing: PROM! The annual dance ritual is a highlight for lots of students, but for others it’s just another occasion to be ridiculed and bullied. That is, unless they go to the Rainbow Ball, an open and affirming prom weekend for LGBT youth and their allies, held annually in Machias.   We know from a recent survey that eight out of ten LGBT students report harassment at their school within the past year based on their sexual orientation. Transgender students experience even more hostile school climates. At the Rainbow Ball, students don’t have to worry about that. They’re provided (at no cost) a weekend full of activities, talent shows and workshops, culminating with the Saturday evening prom. It’s a chance to be themselves and enjoy their teenage years without the fear of bullying or harassment.   The ACLU of Maine was proud to be back at the Rainbow Ball again this year, and we were pleased to present our newest workshop on Maine’s new anti-bullying law. We led this workshop three times during a student conference we held at Freeport High School earlier this month, and it was great to discuss issues of bullying with students at the Rainbow Ball again this weekend. The new law provides much greater protections for students, and we want to make sure that every young person is aware that their school can no longer turn a blind eye to any incident of bullying.   However, for all the fun inherent in an event like this, there was some sadness too. Hearing student after student telling their story of bullying was difficult to hear. Several students remarked that they had considered committing suicide or cutting because the taunting got so bad. Many others stressed that for them, bullying isn’t just a few isolated incidents – it’s a systemic problem. One young boy told me he still had trouble getting close to anyone, even people who were friendly, because of all the bullying he endured in elementary school. It’s difficult enough to listen to these stories; I can’t even imagine what it’s like to live them every day.   Bullying is a problem for all students, but few groups bear the brunt harder than LGBT youth. The new anti-bullying law provides clear protections for them, and we’ll continue to educate students so they’re aware of their rights under the new law. In the meantime, we’re glad that the students in attendance this weekend were able to let loose and enjoy their prom without fear. They deserve it.

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation. Immigration Reform The highly anticipated comprehensive immigration reform bill dropped this week. At the ACLU, we celebrate the possibility of a pathway to citizenship for more than 11 million people in this country. As you can read here, eight in 10 Americans support a fair immigration system.  While the bill as drafted contains some concerning provisions (See our blog about the E-verify system), we are, on the whole, excited about the prospect of more people having more rights as citizens. ACLU lawyers are currently digging through more than 800 pages of the proposed bill armed with their civil liberties expertise. The Washington post gave their overview here. Other media can be read here, here, and here.   CISPA The House passed an overreaching "cyber security" bill on Thursday known as CISPA.  CISPA could compromise your electronic privacy by allowing companies to share private information (for a full breakdown of what it says and what it should say, visit our resource CISPA Explained). Fortunately, the president shares some of our concerns and has threatened to veto the bill. Read a New York Times technology article on CISPA here. Forced Blood Tests at the Side of the Road: The Supreme Court ruled in Missouri v. McNeely that the warrantless blood test of a man suspected of drunk driving was an unconstitutional search. ACLU legal director Steve Shapiro, who argued the case in the Court, was quoted here saying, “Today’s decision appropriately recognizes what half the states have already demonstrated -- that maintaining highway safety does not require sacrificing personal privacy” ACLU Sues Flower Shop for Discrimination The ACLU affiliate in Washington state filed a lawsuit on behalf of a gay couple denied service at a flower shop for their upcoming wedding. Read more in this news story.   Texas Execution Texas executed its third death row inmate this year, the eight execution in the country this year. Read more here.

This week, the legislature takes a break that coincides with many of the school vacation weeks happening around our state. It's a much needed "breather" during what is already a very busy session! However, some committees have decided to meet and conduct public hearings during this week. We're gearing up to defend the bullying legislation we passed last session. Tomorrow, Oami will testify before the Education and Cultural Affairs Committee. And then there's next week. Next week, we will tackle bills having to do with the criminal justice system, drug overdose prevention and workplace rights for pregnant and nursing Maine women! No rest for the weary, though, it has been nice to be in the office together.  We'll keep you posted as things unfold! Thanks to all the readers who have responded to our calls to action already this session. Your voices are making a difference in Augusta. We couldn't do this work without you. 

At 2:00 a.m. this morning, the "Gang of 8" released its attempt at an immigration reform proposal. The bipartisan proposal is 840-plus pages long, took months of negotiation, and it has a long road ahead. While it will take a while for our experts in D.C. to analyze the full content, here is what we do know about immigration reform, and the proposal, so far:

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation. Immigration Immigration was the hot topic this week for policy makers, civil libertarians, activists, and even Mark Zuckerberg.  The latest news indicates that a bipartisan group of senators aims to unveil an immigration bill as soon as Tuesday. In anticipation of an immigration reform bill, thousands gathered at a rally in Washington D.C. on Wednesday and the ACLU of Maine joined the Maine Immigrants' Rights Coalition for a press conference in Maine as part of a nationwide day of action. As Rachel said in her blog, immigration reform must create a welcoming roadmap to citizenship and protect civil liberties. If you agree, tell your congressional delegation by clicking here.     The Death Penalty in the News 1) The father of an adult with mental illness wrote this opinion piece about using different calculations for punishment of the mentally ill. 2) One of Florida’s longest-serving death row inmates was executed Wednesday. He was sentence in 1981. Read more here. 3) Texas executed an inmate sentenced in 1990. More on that here.   Privacy and the IRS Last year, the ACLU sent a FOIA request to the IRS asking for records regarding whether or not the IRS gets a warrants to read emails, text messages, and other private electronic communication. The documents obtained suggest that the IRS does not have a uniform, nationwide policy of requesting warrants before it reads electronic communication in criminal investigations. Click here for more details.   These documents provide further evidence for the need to update our privacy laws. (For a recent update on potential new privacy laws here in Maine, see yesterday’s blog by Shenna).