We’re experiencing some difficulties with aclu-nm.org. For the time being, you can connect using this address:

http://mjhinton.net/aclu/index.php

See 13 photos from the ACLU-NM 2005 Annual Meeting.
Photos by Ossy.

ACLU-NM: Events - 2005 Annual Meeting
The American Civil Liberties Union Foundation of New Mexico invites you to our 2005 Annual Meeting panel discussion:

“Abstinence Makes the Heart Grow Fonder:
Faith-based Funding and the Assault on Reproductive Freedom.” Details…

I want to acknowledge that we are having problems with our main website, www.aclu-nm.org (the blog is fine). We will have this problem resolved as soon as possible and will keep you updated here.

Update 4/21: the site is back online. mjh

Erna Fergusson Library Community Meeting Room
3700 San Mateo NE (near Comanche).

The meeting will begin at 5:45pm.

ACLU-NM: Central New Mexico Chapter

See recent updates for Central New Mexico and Northern New Mexico (Annual Meeting 4/23/05) Chapters.

ABQjournal: Udall Bill Would Alter Civil Liberties Board
Rep. Tom Udall, D-N.M., has co-authored a bill that would make independent a board that currently oversees the federal government’s use of anti-terrorism powers, to make sure the government does not annihilate the very freedoms America is fighting to protect. (more…)

While we all get used to what a blog (weblog) is and can be used for, you may want to read this on the spot blog of the NM House debate of the death penalty ban as it happened. mjh

Death of the Death Penalty?

Clovis News Journal: Serving Eastern New Mexico and West Texas
Battle brewing over devilish stickers
By Mike Linn: CNJ news editor
mike_linn@link.freedom.com

Stickers on a Clovis man’s car portray cartoon images of bare-breasted female devils in sexually compromising positions. And the images have caught the attention of Clovis police.

Officials have charged 31-year-old Dean Young, the owner of a yellow Ford Focus displaying the images, with distribution of sexually oriented materials to minors. The charge is a misdemeanor carrying a maximum punishment of 364 days in jail and $1,000 fine. Young is scheduled to appear in magistrate court on the charges in the next few weeks.

Young in turn has notified the American Civil Liberties Union, which is considering representing Young; an ACLU spokesman said Young’s First Amendment rights may have been violated.

Officials at the ACLU said they’ve never seen the stickers — one on each side of the car near the rear window, each about 4 by 6 inches wide — but based on the police report said they doubt the stickers violate the law.

“I’ve never heard of anyone getting a ticket for a sticker on a car,” said Peter Simonson, executive director of the ACLU of New Mexico. “Unless the stickers are directly and immediately inciting people to violence — that’s the only way the Supreme Court has said that free speech can be somehow limited.”
(more…)

Photos from a few recent events (Thanks to OSSY).

Flickr: Photos from ACLU-NM (all 40 photos)

Patriots fundraiser (8 photos)

2004 awards dinner (14 photos)

Albuquerque Chapter formation meeting (8 photos)

There will be two showings in Albuquerque of the film “Unconstitutional: the War on Our Civil Liberties” on the evening of Thursday February 17th.

7pm 2/17 “Unconstitutional” at the Albuquerque Center for Peace and Justice, 202 Harvard SE (at Silver). Part of the “People Before Profit” film series. For more info, call 268-9557. [There will be 2 public speakers at the Peace & Justice film showing. One will talk about the lawsuit involving the anti-war protesters and Joyce Briscoe will give a legislative update.]

8pm 2/17 “Unconstitutional” at the UNM SUB Ballroom. For more info, call 231-4893 or email aclu@unm.edu. – Beth Kaimowitz

ABQjournal: 3 Students Returning to Mexico
By Debra Dominguez
Journal Staff Writer

EL PASO— One hundred and twenty days.

That’s how long Ruben Tarango, 17,, and brothers Sergio Gonzalez, 17, and Carlos Gonzalez, 16, can remain in the United States.

The three Del Norte High School students, who were detained by the U.S. Border Patrol outside their high school in late March, told El Paso immigration Judge Gary Burkholder in El Paso Immigration Court on Tuesday they were ready to voluntarily leave the country and waive their right to appeal.

“We’re glad we can at least try to finish the school year,” said Tarango. “I am so nervous about going back to Mexico, though, especially because I don’t have any family there.

“I don’t even remember what Mexico was like— I don’t really have any memories of it,” said Tarango, who was illegally brought to the United States by his parents when he was about 7. “I like playing Xbox games and am into sports, especially boxing and the Philadelphia Eagles. I’m as American as any other teenage boy in the United States.”

The boys’ attorney, Victor Salas, said the students’ undocumented parents— who were not with the boys when they were detained and aren’t facing any legal action— signed a voluntary departure form, which will allow the students to immediately apply for a visa and possibly re-enter the United States.

“The judge more than likely was going to deport them,” Salas said. “And so it’s better they voluntarily depart than have the judge give them a deportation order, which would make it more difficult to re-enter the country.”

Karen Sanchez-Griego, state director of ENLACE, which promotes education in Latino communities, chaperoned the boys to Tuesday’s hearing.

“In this country, children should be able to be safe from deportation while they’re in school,” she said. “The way this whole thing’s been handled just angers and irritates me.”

The students, who are from Chihuahua, Mexico, were detained by the U.S. Border Patrol on school property after an Albuquerque police officer called immigration officials because he suspected that their identification was fake, Albuquerque Public Schools Board President Mary Lee Martin said.

“I’m sure that he would not have questioned them or asked for identification if these kids were Anglo,” Martin said. “The bottom line is, the Border Patrol should have never been called.”

Since the early 1990s, the U.S. Border Patrol’s policy has been not to enforce immigration laws at schools, churches, funerals or other religious ceremonies without prior approval from the district director or unless the situation is exigent, Salas said.

U.S. Border Patrol Agent Patrick Hernandez, who detained the students in March, testified in November that although he realized he was in a school loading zone when he detained the students, he didn’t know the actual perimeters of school property.

Hernandez also testified that he was aware of the border patrol policy in question at the time he detained the students.

Burkholder, who denied Salas’ request to subpoena Martin and APD officials Tuesday, told the boys that he thought the border patrol agent acted in “good faith.”

Stephen Ruhle, an assistant chief counsel with the Department of Homeland Security’s Immigration and Customs Enforcement, agreed.

“The border patrol usually doesn’t spend time visiting schools unless they call us to provide assistance,” Ruhle said. “If they had not responded, they wouldn’t be doing their job the federal government asked them to do.

“Don’t shoot the messenger,” he said. “If you don’t like the law, write your congressman.”

Copyright 2005 Albuquerque Journal

Tuesday, 1 February 2005

ABQjournal: Undocumented Students Await Ruling
By Debra Dominguez
Journal Staff Writer

St. Jude or San Judas Tadeo is the saint to petition for “hopeless causes.”

The parents of three Del Norte High School students detained by the U.S. Border Patrol in late March have certainly made their plea.

“We know the fate of our sons is in the judge’s hands, but we’re hoping he won’t deport them and give them a chance to finish school here in the United States,” the mother of one of the boys said in November while a St. Jude candle sat aglow in her home. “Our sons are good boys, and we’re asking, praying and hoping.”

The undocumented parents of Ruben Tarango, 17, as well as those of brothers Sergio Gonzalez, 17, and Carlos Gonzalez, 16, will find out if their prayers are answered soon enough.

Judge Gary Burkholder is expected to decide in El Paso Immigration Court today whether the three, who also are undocumented immigrants, will be deported to Chihuahua, Mexico.

No action has been taken against the parents, who were not with the boys when they were detained.

Albuquerque Public Schools Board President Mary Lee Martin said the boys were originally detained on school property after an Albuquerque police officer called immigration officials because he suspected their identification was fake.

“The kids were exchanging car keys through a school fence – that’s what made the police officer suspicious in the first place,” Martin said. “The officer thought they were passing drugs to each other or something.”

Since the early 1990s, the Border Patrol’s policy has been that immigration laws should not be enforced at schools unless the situation is an emergency or there is prior approval, the boys’ attorney, Victor Salas, said.

Burkholder was expected to give a decision on the student cases Nov. 30 but rescheduled the hearing at Salas’ request.

Salas said he also filed a motion to suppress evidence and Border Patrol reports based on “constitutional violations of these students.”

Doug Mosier, spokesman for the Border Patrol El Paso sector, which includes New Mexico, and Border Patrol agent Patrick Hernandez, who detained the students, declined comment.

However, Stephen Ruhle of the Department of Homeland Security urged the judge on Nov. 30 to focus on the students’ immigration status, not immigration policy or how the students were detained.

During the 2004 fiscal year, an estimated 5,715 juveniles were apprehended by the U.S. Border Patrol in New Mexico alone, said Elias Garcia, a U.S. Border Patrol and public information officer for the El Paso sector.

APS spokesman Rigo Chavez said there are an estimated 2,800 immigrant students in the district as defined by the No Child Left Behind federal mandate.

“These are students who are born outside the United States and who have attended a school in the United States for three or fewer years,” he said.

John Lawit, an Albuquerque immigration attorney and member of the American Immigration Lawyers Association, said it is unusual for undocumented juvenile immigrants to be deported without a criminal violation.

Lawit added it is not unusual for undocumented juvenile immigrants to be publicly educated.

“In New Mexico alone, especially with its close proximity to the border, several thousand undocumented students attend our public schools,” Lawit said. “And that’s because there’s an old Supreme Court ruling that says all children present in the United States have the right to a public education.”

That’s exactly what Marcela Dí­az, director of Somos Un Pueblo Unido, an immigrant-rights group based in Santa Fe, finds ironic.

“These kids are basically being punished for exercising their constitutional right to go to school,” she said. “They’re innocent bystanders, who were brought here by their parents, and now are caught up in this political turmoil. It’s unfortunate.”

Copyright 2005 Albuquerque Journal
—–
Track SB103
LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS
Sponsor: Richard C. Martinez
Current Location: Senate Judiciary Committee

[mjh: Use the following link for information on the New Mexico State Legislature, including searching for bills.]

Welcome to the New Mexico Legislature Web Site

Rally celebrates Roe v. Wade ruling by Xochitl Campos, Daily Lobo

Giovanna Rossi, the executive director of the National Abortion and Reproductive Rights Action League Pro-Choice New Mexico, said it is important that abortion rights supporters in New Mexico show their support for this issue. …

Two laws will be proposed in the 2005 legislative session.

One in the House of Representatives, Bill 111, sponsored by Larry A. Larranaga, is known as the Unborn Victims of Violence Act. It would make abortion illegal and punishable as voluntary manslaughter of an unborn child if performed.
—
[mjh: I couldn’t find any articles on the rally in the Albuquerque Journal or Tribune.]

Watch this space for ACLU-NM Press Releases starting in January 2005.

Since 9/11 and the start of the war on terror, the American Civil
Liberties Union (ACLU) has been one of the leading voices in the fight
for the protection of civil liberties. They have taken on cases when no
one else would touch them, cases involving foreign nationals living in
our country whose rights were violated in the early round-ups post 9/11,
or cases where law enforcement infiltrated groups of U.S. nationals in
our soil, only because they disagreed with our government’s policies.
Most recently they have been in the news for making public a series “of
U.S. Navy documents that reveal that abuse and even torture of detainees
by U.S. Marines in Iraq was widespread.” Bill Moyers speaks with
Anthony Romero, executive director of the ACLU, who will talk about life
amidst an ongoing war on terror and the delicate balance between
protecting civil liberties and national security.

Show is on KNME 5 at 9pm Friday and 8am Sunday.
www.pbs.org/now

New Mexico State Senator Joe Carraro recently sent a memo to New Mexico school districts encouraging them to teach about Jesus Christ in the public schools. In so doing, the Senator overstepped his legislative authority and set public schools on a course that could alienate many students and their families, and that could result in civil litigation based on protections in the federal and New Mexico constitutions. That the Senator emphasizes Jesus’ historical importance, rather than his religious significance, does not obscure the fact that the Senator, as a representative of the government, has asked schools to use their state authority to impress upon students that Christianity deserves extraordinary attention in our society and culture. A religious intent clearly underwrites the Senator’s action, making it unconstitutional as government establishment of religion, in violation of the First Amendment of the Constitution of the United States and of the corresponding provision of New Mexico’s Constitution.

It is important to note that Senate Memorial 83, the basis for Carraro’s missive, does not have the binding authority of law and may be unconstitutional.

In drafting the U.S. Constitution, our forefathers aimed to establish a country in which the beliefs of the minority were protected from suppression by the ideals of the majority. They saw this as the cornerstone of democracy and as an essential condition of freedom.

Although many, perhaps most, New Mexico students probably adhere to some form of Christian teaching, some do not. Some have grown up in homes where Judaism is the central tradition and Hannukah, not Christmas, is the focus of celebration at this time of year. Other students may just have completed Ramadan. Still others may live in homes where religion and spiritualism are questioned. None of these families would want to see their traditions challenged or diminished by the religious preferences of legislators or teachers.

If teachers choose to indulge the request of Senator Carraro and teach about Jesus Christ, the ACLU of New Mexico urges the following in order to avoid problems:

* Give equal teaching time to key figures in other religious traditions, as well as to key proponents of atheism and agnosticism and their influence in the development of U.S. society;

* Provide a balanced, critical analysis of Jesus and Christianity, examining facts and myths, as well as both positive and negative impacts. Recall that this country was founded by people fleeing Christian religious persecution in England.

* Avoid any tendency to celebrate Jesus or Christianity and keep to a purely objective, fact-based discussion of their influence in the world.

Finally, the ACLU strongly urges teachers to take this opportunity to discuss with students why our forefathers insisted that government should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

###

For Immediate Release
Contact: Peter Simonson
ACLU-NM Exec. Director
266-4622

From: Matt Howes, National Internet Organizer, ACLU

For months now, the Bush White House has refused to release dozens of documents related to the Administration’s policies on the detention, interrogation and torture of foreign prisoners. But President Bush’s nomination of Alberto Gonzales, who is widely regarded as one of the key architects of those policies, to be the nation’s top law enforcement officer should finally allow the Senate to insist on receiving these crucial documents.

Despite requests in congressional hearings and a lawsuit filed by the ACLU, the Bush Administration continues to refuse to release dozens of documents that reportedly show how policy changes that Gonzales recommended be made at the White House and at top levels of government trickled down to decisions by the military and the CIA for holding prisoners in Afghanistan and Iraq.

The American people deserve to know the truth about these policies. Unless senators receive these documents, they cannot know the true story of how Gonzales’ actions relate to some of the worst violations of human rights committed by our country against foreign prisoners.

Take Action! Urge your Senators to demand that Gonzales and the Bush Administration release all of the torture-related documents before considering Gonzales as Attorney General.

Click here for more information and to take action:
http://www.aclu.org/NationalSecurity/NationalSecurity.cfm?ID=17083&c=108

The ACLU-NM: 2004 Bill of Rights Dinner is SOLD OUT! Thank you to everyone who purchased tickets, tables and ads.

Updated at 2pm on Saturday, 11/27.

You may have had trouble connecting to our main website (aclu-nm.org) over the past week. We apologize for the inconvenience and believe everything is OK now. Please check the blog if something like this ever happens again and send us email. Thanks.

The AMERICAN CIVIL LIBERTIES UNION
of New Mexico
cordially invites you to

Besse-Forward Global Resource Center, Silver City
Monday November 15 , 2004 7:00pm

NM Farm & Ranch Heritage Museum Auditorium, Las Cruces
Tuesday November 16 , 2004 7:00pm

Speakers & Film

About the Film:

Unconstitutional is a groundbreaking new documentary that details the shocking way that civil liberties have been infringed upon and rolled back since 9/11. In the rush to pass the USA Patriot Act, intelligence agencies including the FBI, CIA, Homeland Security Department and local law enforcement have been empowered to “protect freedom and democracy” by destroying our freedom and democracy. The film boldly depicts the frightening truth about the rapid loss of American civil liberties and documents those who are fighting back.

Executive Producers: Robert Greenwald, Earl Katz, Dan Raskov
Written, Produced and Directed by Nonny de la Peña
Sponsored by the American Civil Liberties Union

www.aclu.org/unconstitutional

You are cordially invited to join us for our annual ACLU-NM Bill of Rights Dinner. The keynote speaker at this year’s awards banquet is Anthony Romero, Executive Director for the national American Civil Liberties Union. Romero took the helm of the ACLU in September 2001, a week before the attacks on the World Trade Center and the Pentagon. Since that time, the ACLU has led the resistance against new policies and practices that strike at the heart of what our democracy is all about. The ACLU has continued to fight measures that roll back fundamental protections and jeopardize basic freedoms— employing lawsuits, testimony in Congress, and direct appeals to citizens who may not realize that their way of life is endangered. This is not the first time that Americans have been asked to trade away freedoms for increased security, and it will not be the last—but as an organization we have stood our ground under Romero’s leadership, steadfastly maintaining that it is possible to be both safe and free. Romero is the ACLU’s sixth director, and the first Latino and openly gay man to serve in that capacity.

SCHEDULE OF EVENTS

6:00 pm Reception
6:45 pm Seating for Dinner
7:00 pm Welcome – Peter Simonson
7:45 pm Keynote Address – Anthony Romero
8:15 pm Special Awards MC – Kay Monaco, J. D., Executive Director of New Mexico Voices for Children
Saturday, December 4, 2004 at The Albuquerque Marriott, 2100 Louisiana NE
Please reserve your seat or table by Monday, November 22, 2004.

Download form (as a Word document) or visit the BORD webpage for more information.

http://www.aclu-mn.org/

http://www.aclufl.org/

Albuquerque–The ACLU of New Mexico responded to emerging reports of problems with touch-screen voting machines by urging voters to “guard their vote” when casting their ballots electronically.

Read this press release or
list all press releases

From: Matt Howes, National Internet Organizer, ACLU

1) Act Now to Ensure Creation of a Critical Government Civil Liberties Watchdog
2) Let your Representative know how you feel about his or her vote on the Federal Marriage Amendment

At this very moment, leaders from the House and Senate are engaged in heated negotiations over what could become the most dramatic restructuring ever of our nation’s intelligence agencies. One of the key sticking points is the creation of a robust Privacy and Civil Liberties Board to ensure that government actions do not infringe on our liberties. (more…)

The AMERICAN CIVIL LIBERTIES UNION
of New Mexico
cordially invites you to

UNCONSTITUTIONAL

UNM SUB Ballroom, Albuquerque
Monday October 25, 2004 7:00pm

Speakers & Film
Tickets are FREE. Seats are limited.

About the Film:

Unconstitutional is a groundbreaking new documentary that details the shocking way that civil liberties have been infringed upon and rolled back since 9/11. In the rush to pass the USA Patriot Act, intelligence agencies including the FBI, CIA, Homeland Security Department and local law enforcement have been empowered to “protect freedom and democracy” by destroying our freedom and democracy. The film boldly depicts the frightening truth about the rapid loss of American civil liberties and documents those who are fighting back.

Executive Producers: Robert Greenwald, Earl Katz, Dan Raskov
Written, Produced and Directed by Nonny de la Peña
Sponsored by the American Civil Liberties Union

Most web pages can be displayed in any web browser. Some require additional support from a browser plug-in or add-in. (more…)

From: Matt Howes, National Internet Organizer, ACLU

Congress continues to use the proposed intelligence reform legislation to provide cover for some of the worst anti-immigrant provisions in the last decade. These repressive provisions attack the courts’ ability to provide oversight over immigrant proceedings, allow the government to work with oppressive foreign governments against asylum seekers and stipulate new ID requirements that limit even legal immigrants’ ability to get driver’s licenses.

Although the 9-11 Commission did not say the government needed to target immigrants, this bill would expand the government’s ability to deport more people without a hearing. It would also allow the government to seize people who may have entered the United States outside the system in the last five years and throw them into a so-called expedited deportation process without the right to a lawyer or to at least make their case in court.

The government would – with no check or balance on its powers – be allowed to decide whether an individual is allowed to stay or be sent to another country, even ones like Libya, North Korea or Iran, as long as those governments **promise** not to engage in torture. And if for some reason the government cannot deport you, this Republican legislation would allow the Department of Justice and Department of Homeland Security to put you in jail for the rest of your life without any ability to go to court to appeal your imprisonment.

Take Action! Urge Congress to oppose these radical and mean-spirited provisions.

Click here for more information and to take action:

http://www.aclu.org/ImmigrantsRights/ImmigrantsRights.cfm?ID=16842&c=22

UNCONSTITUTIONAL is a new, hour-long documentary from Robert Greenwald – one of the most prolific and progressive producers in Hollywood – in conjunction with the ACLU. This new film, written, directed and produced by Nonny de la Peña, details the shocking way that civil liberties of American citizens and immigrants alike have been infringed upon, curtailed, and rolled back since 9/11 and the USA Patriot Act.

New Mexico will be holding a screening of Unconstitutional on October 25 in Albuquerque.

Learn more (including a preview)

NEW YORK – The American Civil Liberties Union will be monitoring a new plan
by the FBI to, among other things, use
“aggressive - even obvious - surveillance ” techniques on individuals who
are not even suspected of having committed a crime, in advance of the
November 2 general election.

“The FBI plans to deliberately tail people based on their religion or ethnic
origin during a month that is both religiously and politically crucial,”
said Dalia Hashad, the ACLU’s Arab, Muslim and South Asian Advocate.
“Instead of bolstering security, the FBI’s ‘October Plan’is going to stop
Muslims and Arabs from attending mosques during the month of Ramadan, and
participating in the upcoming election.” (more…)

Catch our Director, Peter Simonson, at the Albuquerque bookstore Bound To Be Read TONIGHT from 7-9 pm! Following the film Tattered Documentary, Peter will discuss the USA Patriot Act and data-privacy. Read the latest USAPA news below…

In ACLU Case, Federal Court Strikes Down Patriot Act Surveillance Power As Unconstitutional

NEW YORK - Saying that “democracy abhors undue secrecy,” a federal court today struck down an entire Patriot Act provision that gives the government unchecked authority to issue "National Security Letters" to obtain sensitive customer records from Internet Service Providers and other businesses without judicial oversight. The court also found a broad gag provision in the law to be an “unconstitutional prior restraint” on free speech.

FOR IMMEDIATE RELEASE"Censorship And Secrecy May Potentially Be Turned On Ourselves As A Weapon Of Self-Destruction,” Court Says

NEW YORK - Saying that “democracy abhors undue secrecy,” a federal court today struck down an entire Patriot Act provision that gives the government unchecked authority to issue “National Security Letters” to obtain sensitive customer records from Internet Service Providers and other businesses without judicial oversight. The court also found a broad gag provision in the law to be an “unconstitutional prior restraint” on free speech.

“This is a landmark victory against the Ashcroft Justice Department’s misguided attempt to intrude into the lives of innocent Americans in the name of national security,” said ACLU Executive Director Anthony D. Romero. “Even now, some in Congress are trying to pass additional intrusive law enforcement powers. This decision should put a halt to those efforts.”

The American Civil Liberties Union and the New York Civil Liberties Union, which brought a challenge to the law earlier this year, hailed the ruling as a signal blow to the current administration’s efforts to expand government surveillance powers in violation of the Constitution.

“Today’s ruling is a wholesale refutation of excessive government secrecy and unchecked executive power,” said ACLU attorney Jameel Jaffer. “As this decision suggests, certain provisions of the Patriot Act should never have been enacted in the first place.”

The ruling is the first to strike down any of the vast new surveillance powers authorized by the Patriot Act. In a 120-page decision, Judge Victor Marrero of the Southern District of New York struck down Section 505 of the law on the grounds that it violates free speech rights under the First Amendment as well as the right to be free from unreasonable searches under the Fourth Amendment.

Since filing the case, the ACLU has labored under a broad gag order under which the government sought at every turn to censor even the most innocuous, non-sensitive information about the case. (The ACLU created a special web page to display the types of information it was forced to ask the court to disclose publicly, online at www.aclu.org/gagorder)

The ACLU originally filed the lawsuit under seal to avoid penalties for violating the NSL statute’s broad gag provision. Similar gag provisions are attached to other controversial provisions of the Patriot Act, including Section 215, which the ACLU has challenged in another lawsuit. (For more information, go to www.aclu.org/section215)

“After laboring under a gag provision for months, it is an enormous relief to be able to tell the world just how dangerous and extreme this Patriot Act power is,” said ACLU Associate Legal Director Ann Beeson. “As the judge recognized, the Patriot Act imposed a ‘categorical, perpetual and automatic’ gag on every person who received a National Security Letter, as well as their lawyers.”

The court explicitly rejected the government’s increasing move toward secret and coercive investigatory tactics in the post-9/11 environment. In striking down the gag provision, the court said: “Under the mantle of secrecy, the self-preservation that ordinarily impels our government to censorship and secrecy may potentially be turned on ourselves as a weapon of self-destruction.”

“This is an important victory and significant step in the efforts to dismantle the harmful aspects of the Patriot Act,” said Arthur Eisenberg, Legal Director of the New York Civil Liberties Union, which joined the ACLU in bringing the challenge.

The ACLU noted that the Patriot Act provision was worded so broadly that it could effectively be used to obtain the names of customers of websites such Amazon.com or Ebay, or a political organization’s membership list, or even the names of sources that a journalist has contacted by e-mail.

The decision to strike down a key portion of the Patriot Act comes as Republican leadership in the House is trying to expand the Patriot Act. The ACLU said that Members of Congress should take the judge’s concerns to heart as they consider the various proposals to expand law enforcement powers. House Republicans leaders, for example, included several Patriot Act-like powers in their intelligence reform bill that is currently being debated. And in the Senate, many expect law enforcement amendments to be offered to its pending bipartisan intelligence bill.

Judge Marrero’s decision enjoins the government from issuing National Security Letters or from enforcing the gag provision. The judge stayed his ruling for 90 days in order to afford the government an opportunity to raise objections in the district court or the Second Circuit Court of Appeal. Today’s case isDoe and ACLU v. Ashcroft et al., No. 04-CIV-2614. Attorneys in the lawsuit are Beeson and Jaffer of the ACLU and Eisenberg of the NYCLU. The court’s ruling is online at http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=15543c=262.

An ACLU web feature about today’s case is online at www.aclu.org/nsl.

Thursday, September 30, 2004 7:00 PM

“Reading Your Rights” is a 26-minute documentary about the Tattered Cover Bookstore’s successful fight against a search warrant demanding the names of books purchased by a customer. Board members of ACLU NM will offer comments and answer questions following the viewing.

At Bound to be Read (click link for address and phone number)

From: Matt Howes, National Internet Organizer, ACLU

Last week Congress began to take up the 9/11 Commission’s recommendations but now we have the details of the proposed legislation and it is much worse than we had expected. The proposed House bill would likely create what amounts to a national identification card, drastically curtail basic fairness in the nation’s immigration system and expand government powers under the PATRIOT Act.

Although the original purpose of the bill was intelligence reform, the current version includes several provisions that were not included in the 9/11 Commission recommendations but have been long been priorities for the hard-line anti-immigration lobby. (more…)

ACLU New Mexico Presents “Persons of Interest”
Film viewing followed by discussion

“A film guaranteed to raise the righteous indignation of anyone with a favorable opinion of liberty, freedom or the Constitution” - John Anderson, Newsday

After the September 11th terrorist attacks, more than 5,000 people, mainly people of South Asian or Middle Eastern origin, were taken into custody by the U.S. Justice Department and held indefinitely on grounds of national security.

Through interviews, family photographs, and letters from prison, directors Alison Maclean and Tobias Perse have fashioned a compelling film, allowing those affected a chance to tell their own stories.

LAS CRUCES: 7:00 pm Monday September 27, 2004
Peace & Justice Ctr. of Las Cruces - 1210 E. Madrid

GALLUP: 6:30 pm Wednesday September 29, 2004
El Morro Theatre - 207 W. Coal Ave.

Kimberly Lavender
Public Education Coordinator, ACLU-NM
PO Box 80915
Albuquerque, NM 87198
www.aclu-nm.org
_______________________________________________
Aclu-nm mailing list
Aclu-nm@swcp.com
http://mailman.swcp.com/mailman/listinfo/aclu-nm

This is the summary from www.factcheck.org (which seems pretty even-handed in its efforts). FYI. Any responses? (use comment link below) mjh

The American Civil Liberties Union is running an ad alleging that the USA Patriot Act allows authorities to search homes “without notifying us . . . treating us all like suspects.” That’s not exactly true.

Actually, notice still has to be given to the subject of such a search, eventually. And far from treating us “all” like suspects, the Department of Justice reports seeking only 47 such “sneak-and-peek” warrants in the law’s first 17 months.

“Sneak-and-peek” searches are now easier to get, legal in all jurisdictions, and the law contains no practical limit on how long authorities can delay notifying the subject of a search. But contrary to the impression left by the ad, they aren’t new: some federal courts allowed them prior to the USA Patriot Act.

Full article plus links to ad, Patriot Act text and other links: http://www.factcheck.org/article.aspx?docid=259

From: Matt Howes, National Internet Organizer

1) Ashcroft Continues to Seek New Powers
2) Oppose Backdoor Attempts to Institute a National ID

Attorney General Ashcroft and his allies in Congress are taking advantage of the 9/11 Commission report to push an expansion of the powers of the Department of Justice and erode key checks and balances that prevent government abuse. Many of their earlier proposals met with defeat, but now they are pushing new legislation that would dramatically expand on the PATRIOT Act and even further restrict our freedom.

This proposed legislation would increase the government’s power to secretly obtain personal records without judicial review. Also, by expanding “administrative subpoena” powers, it would erode already diminished judicial oversight in terrorism cases and would allow access to confidential records without individual suspicion of wrongdoing. (more…)

From: Matt Howes, National Internet Organizer, ACLU
To: ACLU Action Network Members

1) Help Stop the Marriage Amendment
2) Stop Congress from Stripping Power from the Judicial Branch (more…)

Do you want to know how to use this blog? (more…)

From: Matt Howes, National Internet Organizer, ACLU
To: ACLU Action Network Members
Subject: Act now! Senate leaders will soon move to approve the flag amendment

With several Senators absent due to presidential campaigns, sickness or the aftermath of Hurricane Frances, the Republican Senate leadership is planning to slip in a vote on the flag desecration amendment –- a measure that would not otherwise pass. But due to these absences, this proposed amendment to the U.S. Constitution – which has already passed in the House – has a real chance of passing in the Senate. We need your help to stop it! (more…)

Here is a link for National ACLU Meetup Day. There are actually no ACLU meetups happening this month in NM. In order to get one going in a particular city, you will need to visit the site after the next Meetup day: (more…)

ACLU-NM has created this weblog ("blog") to improve communication with the membership. Take a look around; ask questions and make suggestions anytime.

mjh
Mark Justice Hinton
ACLU-NM webmaster

What is a “blog"? (more…)