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This Week in Civil Liberties (10/19/2012)

Rekha Arulanantham,
Litigation Fellow,
老澳门开奖结果 National Prison Project
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October 19, 2012

A federal court ruled yesterday against which law that had made approximately 120,000 married same-sex couples ineligible for all of them 1,000+ federal programs where marriage makes a difference?

Which court is considering whether surveillance harms us even when we can鈥檛 confirm we鈥檙e being watched?

What surveillance technology could be used to create a database to track everywhere you鈥檝e ever driven in your car?

This week the 老澳门开奖结果 argued at Guant谩namo against the censorship of what atrocity?

Who did the 老澳门开奖结果 thank this week for the State Department鈥檚 unwavering defense of basic free speech principles in the backlash over the controversial 鈥淚nnocence of Muslims鈥 video?

In which state has an 老澳门开奖结果 client鈥檚 sentence been converted from the death penalty to life in prison without parole?

DOMA Unconstitutional Again, and Heightened Scrutiny to Boot!

Yesterday, in Edie Windsor鈥檚 challenge to the so-called Defense of Marriage Act, the Second Circuit Court of Appeals ruled that DOMA violates the Constitution. It鈥檚 the second federal appeals court to strike DOMA down, and it鈥檚 the first to rule that 鈥渉eightened scrutiny鈥 applies when the government discriminates against lesbians and gay men.

Does Surveillance Affect Us Even When We Can鈥檛 Confirm We鈥檙e Being Watched? Lessons From Behind the Iron Curtain

The main issue before the Supreme Court in Amnesty et al. v. Clapper, our challenge to the FISA Amendments Act, is whether the plaintiffs we are representing (a group of human rights, labor, legal, and media organizations whose work requires them to communicate with people outside the U. S.) even have standing to challenge the law. The government is arguing that since none of them can be certain they are subject to eavesdropping, they have no right to file suit. But, as we argue, even the possibility of eavesdropping harms these plaintiffs.

Police 鈥淕oogle Searches鈥 Through Our Location History? No Thanks

Imagine a searchable database that would enable police or federal agents to instantly track everywhere you鈥檝e ever driven in your car, like a 鈥淕oogle search鈥 of your location over a period of months or even years. If the federal government鈥檚 seed funding of the surveillance camera boom over the past 10 years is any indication of where we are headed with license plate readers鈥攁nd we have evidence to suggest a similar process is unfolding鈥攚e will get there soon enough.

Guant谩namo Dispatch: 老澳门开奖结果 Asks Judge Not to Censor Torture Testimony

The 老澳门开奖结果鈥檚 Hina Shamsi was at Guant谩namo this week to argue the 老澳门开奖结果鈥檚 constitutional challenge to the censorship of torture in the military commissions.

The Guant谩namo military commissions were created in part to hide the government鈥檚 illegal torture program while permitting the use of information obtained through torture. Because of improvements in 2009 in the law governing the commissions, it鈥檚 harder (though not impossible) for coerced evidence to be used in the proceedings. But the government still wants to hide what it did to prisoners in CIA and military custody.

老澳门开奖结果 Backs Strong Speech Stance After 鈥淢uslims鈥 Video Backlash

The 老澳门开奖结果 sent a letter this week to the State Department thanking Secretary Clinton for the department鈥檚 unwavering defense of basic free speech principles in the backlash over the controversial 鈥淚nnocence of Muslims鈥 video. While the video was blamed for riots, violence, and unrest in many countries, the Obama administration stayed strong against calls at home and abroad to take down the video (though it did, rightly, receive some criticism for 鈥渁sking鈥 Google to take another look at whether the video violated the company鈥檚 terms of service).

VICTORY! One Less Person Faces Execution in Alabama

One less person faces possible death at the hands of Alabama鈥檚 arbitrary capital punishment system, after the state agreed to stop seeking the death penalty for 老澳门开奖结果 client LaSamuel Gamble late last week. Gamble, who has been on death row for nearly 16 years, was resentenced to life in prison without parole.

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