News & Commentary

ACLU-NM lawsuit pushes PED to remove ban against “disparaging” standardized tests SANTA FE, NM—In response to a free speech lawsuit filed in March by the American Civil Liberties Union (ACLU) of New Mexico, the New Mexico Public Education Department (PED) announced that it will begin the process of removing the rule that prohibits PED employees from “disparaging” standardized tests. The PED will ask the court for a stay in the lawsuit while it goes through the necessary steps to remove the gag rule from the books.

ALBUQUERQUE, NM—Yesterday, the New Mexico State Court of Appeals upheld a district court opinion in a case brought by the ACLU which found that former Secretary of State Dianna Duran had violated state IPRA law by withholding public information. In 2011, Duran made allegations before the legislature that foreign nationals had committed voter fraud by voting in New Mexico elections. Due to the serious nature of her claims and their potential to undermine the public’s confidence in New Mexico’s elections, the American Civil Liberties Union (ACLU) of New Mexico filed a public records request for the documentation she claimed supported her allegations. After Duran steadfastly refused to provide the evidence, the ACLU of New Mexico filed a public records lawsuit in 2011. In 2014, a district court judge ordered the state to pay nearly $87,000 in attorney’s fees and costs based on its earlier finding in 2012 that Duran had violated state IPRA law. The district court's decision awarding fees and costs against former Secretary Duran was affirmed yesterday by the New Mexico Court of Appeals.

PED “anti-disparagement” regulation illegally restricts teachers’ free speech.

ACLU alleges that Interstate Stream Commission attempted to bully concerned citizen into silence

ROSWELL, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico settled its lawsuit against the City of Roswell, NM alleging that police officers repeatedly violated the First Amendment free speech rights of two local street preachers, Joshua and Jeremy De Los Santos. Joshua and Jeremy are brothers and members of the Old Paths Baptist Church in Roswell, where Joshua is the pastor. Both believe they have a duty to preach the Gospel in public, and both regularly do so. However, the Roswell Police Department (RPD) arrested both brothers multiple times for expressing their sincerely held religious beliefs in public, as is their right under the First Amendment. Under the terms of the settlement, the City of Roswell will pay $97,000 in compensatory and punitive damages. 

New Mexico Supreme Court Rules that the Guild Cinema’s Erotic Film Festival Did Not Violate City Zoning Law

ALBUQUERQUE, NM—Yesterday, the American Civil Liberties Union (ACLU) of New Mexico and the City of Albuquerque settled a lawsuit claiming that the Police Oversight Commission unconstitutionally suppressed the speech of several citizens during a meeting last December. The plaintiffs in this case, Charles Arasim, Kenneth Ellis, Silvio Dell’Angela and Eli Chavez, are all community advocates against police use of excessive force. The settlement raises several procedural reforms to the Commission’s rules designed to promote the right to free speech and citizen involvement  and a sum of $14,000 in damages and attorneys’ fees.

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