News & Commentary

One year ago today, police fired tear gas, flash bang grenades and lead-filled bags into a massive crowd of Occupy Oakland demonstrators. The ACLU and the National Lawyers Guild sued the Oakland Police Department for its egregious constitutional violations against demonstrators during the October 25, 2011 and November 2, 2011 demonstrations. That lawsuit is ongoing.

You don’t lose your First Amendment rights because you have been arrested at a previous demonstration. Censorship in anticipation of possible illegal conduct in the future isn’t just creepy, it’s also unconstitutional and just plain wrong.

If the First Amendment means anything, it’s that students should be able to demonstrate on their own campus without being afraid of police violence. The pepper spraying incident at UC Davis on November 18, 2011 was among the worst examples of police violence against student demonstrators that we’ve seen in a generation.

Shortly before next week’s one-year anniversary of the Oakland Police Department’s brutal crackdown on Occupy Oakland, Alameda County Sheriff Greg Ahern announced that he was seeking funds to purchase a drone to engage in unspecified unmanned aerial surveillance. One of the many unfortunate lessons of OPD’s Occupy crackdown is that when law enforcement has powerful and dangerous tools in its arsenal, it will use them. Drones raise enormous privacy concerns and can easily be abused. Before any drone acquisition proceeds, we need to ask a threshold question – are drones really necessary in our community? – and have a transparent and democratic process for debating that question. In addition, if the decision is made to acquire a drone, do we have rigid safeguards and accountability mechanisms in place, so that law enforcement does not use drones to engage in warrantless mass surveillance? The ACLU of Northern California has sent the Sheriff a Public Records Act request, demanding answers to these crucial questions.

It should come as no surprise to Californians that our public schools are in crisis. Headlines regularly decry California’s fiscal crisis and its devastating impact on our schools. One issue recently receiving a lot of attention is the shockingly high rates of suspension and expulsion, particularly for students of color, across the state.

We did it. After years of work from the ACLU of California and our allies, dangerous shackles and restraints can no longer be used on pregnant women in our state’s prisons and jails. Last week Governor Brown signed AB 2530, authored by Assemblymember Atkins, after it passed the legislature with overwhelming bipartisan support.

One year after the implementation of California’s historic prison realignment plan, the state has failed to adopt the kinds of reforms necessary to ensure its success and a lasting reduction both in the number of people behind bars and recidivism rates.

Just shy of the one-year anniversary of the inaugural Occupy Wall Street protests, the ACLU of Northern California and the San Francisco Bay Guardian obtained initial documents from the FBI about surveillance of Occupy demonstrations in the region.