News & Commentary

As sheriffs have readily admitted, county jails are not full of individuals who have been convicted of crimes, or even individuals thought to present a high public safety risk to the community. Most people in county jails have not been convicted of a crime. More than 71 percent of the 71,000 Californians held in county jails on any given day are awaiting their day in court. Most of them do not pose a risk to public safety but are stuck behind bars because they simply cannot afford bail.

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.

The ACLU and Electronic Frontier Foundation have filed an amicus brief in what will be the first case in the country to address the constitutional implications of a so-called "stingray," a little known device that can be used to track a suspect's location and engage in other types of surveillance. We argue that if the government wants to use invasive surveillance technology like this, it must explain the technology to the courts so they can perform their judicial oversight function as required by the Constitution.

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.

Late last week, Gawker's Adrian Chen "unmasked" Violentacrez, a notorious "troll" on the content aggregator Reddit. Violentacrez is a remarkably unsympathetic figure; as the article put it, his "specialty is distributing images of scantily-clad underage girls," and he "also issued an unending fountain of racism, porn, gore, misogyny, incest, and exotic abominations yet unnamed." Yet while the story and Violentacrez' subsequent decision to delete his Reddit account drew cheers from some, it also prompted at least one group of Reddit editors to ban Gawker content in retaliation and sparked a broader conversation about the role of free speech, anonymity, and privacy online, with plenty of outrage on all sides.

When Apple expanded the availability of its FaceTime videochat app to cell networks, AT&T responded by announcing that only iPhone and iPad users with a high-priced "Mobile Share" data plan would get to use the app on its network. In other words, ordinary AT&T customers—many of whom pay the carrier both for their mobile device and for the data they use—have been cut off from an easy way to communicate with friends and family. We are disappointed to see AT&T use its position to hinder, rather than help, its customers' communications, and we urge you to join advocates for Internet free speech and the deaf by voicing your concerns.

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.