Today a federal district court judge in New Mexico handed down a great ruling for protesters' rights. Some background is in order: All throughout George W. Bush's presidency, we at the ACLU received complaints from protesters. Time and again, we heard that those wishing to protest against the President Bush's policies, particularly the war in Iraq, were forced to protest far away from him, or behind buildings, or in other places where they would not be seen or heard, while the president's supporters were allowed to stand with their signs where they would be fully visible both to the president and his accompanying media entourage.
In 2007, President Bush traveled to the Albuquerque area to attend a fundraiser. Our clients, individuals and members of two peace organizations wishing to protest the president's policies, were forced to stand 150 yards away from the president's motorcade route, behind officers on horseback, where the president could not possibly see them. Meanwhile, a group of Bush supporters were permitted to stand directly alongside the motorcade route, where their sign, which stated "God Bless George Bush! We pray for you," was in plain sight. The anti-Bush demonstrators were understandably upset that their rare chance to convey their displeasure directly to the president had been squelched.
The ACLU and ACLU of New Mexico took the case. We argued that this discriminatory treatment violated the First Amendment right to free speech. More specifically, we contended that it was a form of viewpoint discrimination. The Supreme Court has written that "the First Amendment forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others." That is what happened when our clients' messages criticizing the president were blocked while. Some of the defendants in the case — a Secret Service agent and a couple of officers from the sheriff's department — asked the judge to terminate our case before it reached a jury.
Today, the district court held that our clients' case deserves to move forward. It held that "First Amendment law forbidding viewpoint-based restrictions on speech was...clearly established at the time of the event and would put a reasonable official on notice that disparate treatment of protesters based on their viewpoint was unlawful." After devoting 20 pages to carefully reviewing the facts, it concluded that a reasonable jury could conclude that law enforcement engaged in viewpoint discrimination.
The case is not over. To win, we will need to convince a jury to believe our clients' story of what happened rather than law enforcement's version. Also, it is possible the defendants will try to appeal at this point. However, today's decision is an important one not just to vindicate the rights of the clients in this case, but to bring home once again that where the rare opportunity arises to express our views directly to our most powerful officials, we all have an equal right to do so, no matter how vehemently we may disagree with them.
-Catherine Crump, National ACLU Speech, Privacy, and Technology Project

Date

Wednesday, February 23, 2011 - 9:32am

Featured image

Show featured image

Hide banner image

Tweet Text

[node:title]

Related issues

Free Speech

Show related content

Menu parent dynamic listing

Style

Standard with sidebar
Welcome to the Board Room, your place for ACLU-NM board resources, documents, reports and more.
The Board Room is private, password-protected page for storing documents and resources for convenient and collective access by ACLU-NM board members.
LGBT Resources
ACLU LGBT and HIV/ADIS Project Report Update
LGBT Update 2009
Schools
2009 National school climate survey
Students Know Your Rights

Employment Discrimination
LGBT workplace discrimination
Anti-Gay Groups and their Propaganda
Southern Poverty Law Center Intelligence Report on Anti-Gay Groups and their Propaganda

Date

Friday, February 18, 2011 - 4:09pm

Featured image

Show featured image

Hide banner image

Tweet Text

[node:title]

Show related content

Menu parent dynamic listing

Style

Standard with sidebar

Micah McCoy, Communications Specialist


It's that time of year again: the New Mexico legislative session, where laws are made that affect every person in our state. No other time is more important for you to let your state senators and representatives know what issues you support.
We've seen more bad bills introduced in this legislative session than we have in recent memory, some of which--should they pass--would constitute a serious and possibly permanent blow to civil liberties in New Mexico. We need your help to ensure that this does not happen.
However, there are a few bright spots out there, like SB 152 and SB 151:
Currently, state police in New Mexico are required to ask the immigration status of anyone they arrest. We need to guard against these kinds of policies that diminish public safety and invite racial profiling by passing SB 152, the “No Fear” bill. SB 152 would prohibit police from inquiring into people’s immigration status, reducing racial profiling and ensuring that victims and witnesses of crime are never afraid to ask for help.
When natural disasters struck San Diego and New Orleans, some immigrants reported that emergency responders denied their families emergency relief services because they were undocumented. SB 151 makes this potentially deadly form of discrimination illegal in New Mexico. Emergency service providers should never ask anyone in danger, “Show me your papers.”
Please call your senator today and ask them to support SB 152 and SB 151 to keep our communities safe and stop Arizona-style racial profiling in New Mexico.
Here is a short video tutorial demonstrating how to find your legislator and ask them to support the fundamental rights of New Mexicans:

httpv://www.youtube.com/watch?v=CDo3t-OMjKo

Here's a sample script for your call:


Hello, my name is [name] and I'm a  constituent of [your senator]. I am calling you today to urge [your senator] to help keep our communities safe by supporting of Senate Bills 152 and 151.
People in New Mexico should never be afraid that contacting the police or emergency services will lead to an inquiry into their immigration status. SB 151 and 152 will help prevent racial profiling and keep our communities safe.
Thank you for your time, and please let [your legislator] know that I support SB 152 and SB 151 and urge [him/her] to do the same in the Senate.

Useful links:


Date

Tuesday, February 15, 2011 - 5:34pm

Featured image

Show featured image

Hide banner image

Tweet Text

[node:title]

Related issues

LGBTQ+ Rights

Show related content

Menu parent dynamic listing

Style

Standard with sidebar

Pages

Subscribe to ACLU of New Mexico RSS