Press

  • August 19, 2014

    by Caroline Cox

    Ta-Nehisi Coates of The Atlantic provides historical perspective on the relationship between African Americans and the police.

    The NAACP Legal Defense and Education Fund reports that thirteen civil rights groups have issued a call for action and reforms in response to Ferguson.

    Max Fischer writes for Vox on police treatment of journalists in Ferguson, where the ACLU has already sued the city to stop harassing reporters and won.

    The Economist compares the likelihood of being shot by police in the United States to that in other countries, “adjusting for the smaller size of Britain’s population, British citizens are around 100 times less likely to be shot by a police officer than Americans.”

    The Editorial Board of The New York Times advocates for President Obama to more forcefully use his clemency power.  

  • August 14, 2014

    by Caroline Cox

    ACS Board Member Reuben Guttman and Traci Buschner write for McClatchy DC on how the recent $97 million settlement between the U.S. Department of Justice and Community Health Systems serves as a reminder of why government oversight matters.

    Paul Campos discusses the “scam” of for-profit law schools in The Atlantic. “[T]he odds of a graduate of one of these schools getting a job that arguably justifies incurring the schools’ typical debt level are essentially 100 to 1.”

    Slate’s Jamelle Bouie argues against the escalating militarization of Ferguson, Mo.

    The Huffington Post reports on the detention of journalists Wesley Lowery and Ryan J. Reilly in Ferguson, Mo last night. In light of these arrests, T.C. Sotteck of The Verge details the right of individuals to record the police.

    Garrett Epps of The Atlantic warns against labeling Roane County Circuit Judge Russell Simmons a bigot because of his recent ruling on same-sex marriage in Tennessee.

    Thomas Geoghegan argues in Politico that President Obama should challenge Republican gerrymandering. 

  • March 10, 2014
     
    Fifty years ago yesterday, the Supreme Court expanded First Amendment rights in the landmark case of New York Times Co. v. Sullivan. Former ACS Board Chair and current Co-Chair of the Board of Advisors for the ACS Chicago Lawyer Chapter as well as Co-Faculty Advisor for the University of Chicago Law School ACS Student Chapter Geoffrey R. Stone discusses the case that “re-framed the constitutional law of libel” at The Huffington Post. For more anniversary coverage of Sullivan, read Katie Townsend’s guest post at ACSblog.
     
    At the Constitutional Accountability Center’s Text & History Blog, CAC and their co-counsel Ben Cohen of The Promise of Justice Initiative discuss the certiorari petition they filed in Jackson v. Louisiana.  The Sixth Amendment case considers “whether an individual may be convicted of a crime even if the jury in his case cannot reach a unanimous verdict.” 
     
    At Prawfsblawg, Sarah Lawsky reviews a study by Loyola-Chicago Law School ‘s Alexander Tsesis which examines last year’s entry-level law school hires.
     
    At Womenstake, Emily Martin, Vice President and General Counsel at the National Women’s Law Center, discusses the importance of the West Virginia Pregnant Workers’ Fairness ers’ Fairness
  • March 6, 2014
    Guest Post
    by Katie Townsend, Associate, Gibson Dunn & Crutcher LLP
     
    Editor's Note: The 50th anniversary of New York Times Co. v. Sullivan is this Sunday, March 9.
     
    For me, and for other media attorneys of my generation, it is almost impossible to conceive of a world without New York Times Co. v. Sullivan. Certainly, the “actual malice” standard announced in Justice Brennan’s celebrated opinion, and the interplay between that standard’s twin elements of fault and falsity have, throughout my lifetime, been the defining features of the law of defamation. But the impact of that landmark decision extends far beyond the realm of reputational torts.
     
    Sullivan has shaped our very understanding of the First Amendment—as a reflection of “a profound national commitment to the principle that debate on public issues should be uninhibited, robust and wide-open”—and it serves as a touchstone in virtually every case that calls for an interpretation of the constitutional guarantees of free speech and a free press.
     
    For evidence of Sullivan’s enduring and continued role in shaping First Amendment thought and jurisprudence beyond the scope of defamatory speech, one need look no further than the Supreme Court’s 2012 decision in United States v. Alvarez. Alvarez addressed the constitutionality of the Stolen Valor Act of 2005, a federal statute that made it a crime for an individual to falsely claim that she or he had been “awarded any decoration or medal authorized by Congress for the Armed Forces of the United States.”
     
    A six-justice majority concluded, albeit for different reasons, that the statute was unconstitutional under the First Amendment. While Justice Kennedy in his plurality opinion, and Justice Breyer in his concurrence, disagreed as to the proper analysis, they agreed in at least one critical respect, finding that false speech is not outside the scope of the First Amendment—an idea rooted in the reasoning and holding of Sullivan.
     
  • February 24, 2014

    by ACS Staff

    Federal District Court Judge William J. Martini dismissed a case against the New York Police Department for “engaging in blanket surveillance” of Arab Muslim communities after September 11, 2001. Adam Serwer of MSNBC exposes why the court’s decision shows that “religious profiling is okay, as long as you have a really good reason.”
     
    Christopher Sprigman of Just Security examines the public relations effort by the National Security Agency’s Director of Compliance John DeLong and the agency’s General Counsel Rajesh De concerning the NSA’s controversial surveillance activities. In the article, Sprigman reveals why these efforts “create the appearance but not the reality of lawfulness.”
     
    Today, the U.S. Supreme Court will hear arguments regarding the regulation of greenhouse gas emissions by the Environmental Protection Agency. Robert Barnes at The Washington Post breaks down Utility Air Regulator Group v. Environmental Protection Agency. For more on this case, please visit the ACSblog.
     
    Writing for the Brennan Center for Justice, Andrew Cohen comments on the lack of media coverage on states’ secrecy laws concerning the types of lethal injections used in executions. Cohen discusses the implications of the media’s inaction.   
     
    At ACLU’s Blog of Rights, Nusrat Choudhury deconstructs Lee Daniels' The Butler and how its depiction of the arduous legal battles of the 1960s Civil Rights movement reminds viewers that “considerable distance remains on the path to true racial equality.”