- People don't want to read anymore!
- Online editions can't make enough money to support good coverage!
- Don't trust anyone under 30!
Wednesday, August 27, 2008
Are newspapers doomed?
COINTELPRO
COINTELPRO stood for "Counter Intelligence Program" and consisted of a series of sometimes illegal efforts to monitor and disrupt dissident groups in the United States in the 1950s, '60s, and '70s. In the words of J. Edgar Hoover:
[T]his program’s objectives are to seek out and neutralize the New Left not only on college campuses but elsewhere as well.
The archive is a joint project with the ACLU of Massachusetts.
COINTELPRO is officially a thing of the past, but its spirit lives on. Attorney General Michael Mukasey is reportedly ready to approve new, secret powers for the FBI to spy on American citizens.
Tuesday, August 26, 2008
Everything you wanted to know about urine specimen collection
Select employees at the MBTA (and other transportation agencies across the country) will soon need to be watched when they give urine samples for mandatory drug tests. The brand-new regulations -- which cover topics such as "directly observed collections" and the related problem of "shy bladder" -- are due to take effect in November.
Reportedly, the regs only apply to people who have tested positive for drug use before, or who have been accused of tampering with the samples they gave in the past -- BUT STILL.
We think the real issue is that drug testing isn't everything it's cracked up to be. There just isn't a lot of evidence that mandatory drug tests reduce problems like accident rates or absenteeism. At the same time, other factors besides use of illegal drugs -- including things as simple as not getting enough sleep -- can cause more serious problems.
Here's what we told the Globe.
"All I want is to be left alone..."
All I want is to be left alone
In my average home...
I always feel like somebody's watching me,
and I have no privacy.
In FBI Discontinues Surveillance of Rockwell, The Onion reported on the agency's completion of 15 years of undercover work, with then-FBI director Louis Freeh stating:
We have finally determined to our satisfaction that Rockwell poses no significant threat to national security.
If only this were still just a joke!
Fresh from victories such as the Congressional cave-in on FISA warrantless wiretapping, the Bush Administration is making another grab for surveillance power. U.S. Attorney General Michael Mukasey is pushing to give the FBI expanded (but secret) powers to spy on American citizens, for the flimsiest reasons.
The only good news for those of us in Massachusetts is that Sen. Ted Kennedy is once again in the lead on this issue. Last week, along with Sen. Russ Feingold (Wis.), Sen. Richard Durbin (Ill.), and Sen. Sheldon Whitehouse (R.I.), Kennedy signed a letter asking Mukasey to delay issuing the new guidelines until they have been made public and until there has been time for Congressional, national security and civil liberties experts to weigh in on them.
We agree, and we've written a letter to Sen. Kennedy, which points out that the new guidelines seem like a major step backward toward FBI abuses of the past, such as surveillance of civil rights and anti-war activists such as Dr. Martin Luther King, Jr.
Please join us in writing Sen. Kennedy to say thank you, writing to Attorney General Mukasey to say "hold on" -- and please spread the word.
"Free speech zones" redux: Denver
David Kravitz, founder of the influential blog BlueMassGroup, blogs his journey to the "free speech zone" set up by Denver authorities for protestors at the Democratic Convention.
As Kravitz and others have said, with few exceptions, this entire country is supposed to be a free speech zone -- not just some out-of-the-way parking lot.
You can also check out the latest work of the ACLU of Colorado on this issue here.
Monday, August 25, 2008
One major thing we don't have to worry about in Massachusetts
California, the second state to allow gay marriage, is going through a high-stakes campaign like this right now, but Massachusetts isn't. MassEquality stopped the proposed amendment to ban marriage for gay and lesbian couples in Massachusetts, which, if it had passed, would have been on the ballot this November 4. The ACLU of Massachusetts is proud of the role we played in creating MassEquality, and the work that we and our supporters did to secure the historic defeat of this amendment at last year's ConCon.
But keep an eye on this: the Globe reports today that anti-gay activists are gradually making progress with plans to hold a referendum on restoring the recently repealed 1913 law that prevented out-of-state couples from coming here to marry. Originally designed for use against interracial couples, Gov. Mitt Romney revived the archaic law to prevent out-of-state gay couples from marrying here.
Sunday, August 24, 2008
Telegram.com Gitmo discussion: It's scary...
Sloppy thinking like this isn't making us any safer. It's possible to be safe and to hold true to the ideals the country was founded on -- and it's long past time to close Guantánamo.
Saturday, August 23, 2008
ACLU Congressional Score Card
You have to look at the House and Senate separately, because they've dealt with different slates of legislation, but once you're in the section for each one, you can search by name. You can also plug in your zip code to get the rankings of your own representatives.
Please note: We welcome comments on all these blog entries, but since the ACLU Foundation of Massachusetts is a tax-exempt organization, we're not allowed to host partisan comments or candidates for or against individual candidates.
Friday, August 22, 2008
Take the national security quiz
ACLU National Security Quiz
On a related note, U.S. Customs and Border Protection has been given the authority to confiscate cell phones, laptops, and PDAs from anyone entering the United States, including citizens, for any reason or no reason. Here's a blog about the loss of privacy in the name of security that can now be suffered by travelers:
When Traveling Abroad, Check Your Bags And Your Privacy
Wednesday, August 20, 2008
Oxford schools do the right thing for transgender equality
That's why it's great to see a school system doing the right thing on its own. Correspondent Ellie Oleson wrote this story for today's Worcester Telegram & Gazette, about the efforts of the Oxford Public Schools to ease the way for a transgender employee. A joint letter from the school superintendent and principal says to parents:
Our night custodian has informed us of his decision to change his gender and, as we begin the school year, he will begin living and working as a woman. He has been a valued employee of the Oxford Public Schools for many years, and we expect his exemplary performance to continue as he changes gender roles.
Superintendent Ernest Boss went on to tell the Telegram:
We won’t tolerate prejudice. We teach our kids understanding and tolerance.
We hope the whole state will follow the Oxford schools' lead.
Tuesday, August 19, 2008
Our Best Security Is The Marketplace of Ideas
We have put in place security systems designed to prevent unauthorized disclosure of information you provide to us and to deter and prevent hackers and others from accessing this information. For example, we have taken steps to safeguard the integrity of our telecommunications and computing infrastructure, including but not limited to authentication, monitoring, auditing, and encryption.
Well, it turns out that three MIT students, as part of a class project, used publicly available information to discover flaws in the T's "Charlie Card" and "Charlie Ticket" media. These weren't the same systems we asked about in 2005, but it was a significant vulnerability: essentially, the students found a way to make it possible to avoid ever paying a fare again.
We see this kind of thing over and over again. Assurances that technological systems used by corporations, government agencies, health care providers, and others give way to revelations that the systems have been broken into or compromised in other ways. The TJX breach here in Massachusetts is just one of the most notorious examples, and it's one of the reasons that the ACLU opposes plans like the Real ID national identity card, which would require scooping up vast amounts of personal information on nearly everyone in the country -- one-stop shopping for identity thieves.
In the case of the MIT students' discovery, the MBTA reacted in exactly the wrong way: they sued the students and got a 10 day gag order to prevent them from discussing their findings. Fortunately, a Federal judge has just thrown out the MBTA's case.
What the MBTA should have done is take advantage of the brainpower that Massachusetts cultivates and attracts, instead of fighting it. Attempts to gag freedom of speech and freedom of academic inquiry increase the chances that security flaws will be exploited in a malicious attack, rather than examined as part of benign academic inquiry. Our best security is the marketplace of ideas.
Free speech in neon colors

Today's Boston Globe has a story about the latest provocative billboard from Jon Rosenthal, the founder and chairman of Stop Handgun Violence. The image at right is a screenshot from their website, showing the organization's literally colorful use of the First Amendment, and the new 252-foot "gun show" billboard is being unveiled today.
For the record, the ACLU's position on gun control is that the right to bear arms is a collective right, and that regulation of individual gun ownership is therefore constitutional. That means that the ACLU disagrees with the recent U.S. Supreme Court decision in D.C. v. Heller.
In other words, if the intent had been for there to be no regulation of guns at all, the Second Amendment could simply have said, "The right of the people to keep and bear arms shall not be infringed." It actually says:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
$168,141 for cameras in Westfield schools
Is this worth it?
It's probably not illegal for schools to have students under video surveillance, but we can't help but wonder whether making schools seem more like prisons is really helpful for learning.
The ACLU doesn't oppose video surveillance in specific, sensitive locations where it can be helpful to keep people safe or enforce the law, but surveillance cameras aren't a magic solution to crime or other problems. People still get mugged at ATM machines even though they're under constant video surveillance. Is this the best way for schools to spend $168,141?
Questions also come up with video surveillance, such as how will the data from the cameras be used? Will it be shared with police, and will the monitoring contribute to the "school to prison pipeline" -- the tendency to hand kids over to the criminal justice system for problems that used to be dealt with internally?
Monday, August 18, 2008
Psychologists have a higher calling than just following orders

The American Psychological Association (APA) must be feeling the heat.
On August 16 the California state legislature adopted a resolution aimed at stopping the participation of California psychologists and other health professionals in coercive interrogations at Guantanamo and other “war on terror” detention facilities. The New York state legislature is considering a similar resolution.
Two days later, as a front page article in The New York Times focused on the battle in the APA for the “soul of the profession,” many ACLU members rallied outside the Boston Convention Center where the APA was meeting. The protest -- which was covered by USA Today, among others -- was organized by psychologists who have been speaking out against the APA’s refusal to take seriously its ethical obligation to “do no harm.”
I spoke on behalf of the ACLU of Massachusetts. Because many in the audience wanted a copy of my remarks, we are providing them here.
Nancy Murray
Director of Education, ACLU of Massachusetts
(Photo by Pat Westwater-Jong: Nancy Murray speaks at an anti-torture rally in 2007)
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At the end of the 20th century, who would have predicted that within a handful of years, the United States would be running a secret prison network in at least a dozen countries in which, according to the UK human rights group Reprieve, as many as 80,000 people would at some point be held as "ghost detainees," without the ability to challenge their detention and without their names or whereabouts being known?
Who would have conceived that the United States, in Jane Mayer's words, would sanction “government officials to physically and psychologically torment US-held captives, making torture the official law of the land in all but name?"
Who would have imagined that these practices would be justified by White House legal memos which define torture so narrowly that just about anything could be done to captives and justified by necessity or self-defense?
And who would have thought that the APA, whose Code of Ethics mandates a respect for the basic principles of human rights, and holds psychologists to a "higher standard of conduct than is required by law" would be so reluctant to prohibit psychologists from participating in interrogations from Guantanamo to Abu Ghraib?
The APA has justified this "policy of engagement" by stating -- including in a letter to the ACLU -- that its involvement is intended to stop unethical interrogations. But as ACLU executive director Anthony Romero points out to the Director of the APA's Ethics Office, in a letter dated June 18, there is plentiful evidence now in the public record that Army psychologists have contributed to the development of abusive interrogation methods. For instance, a recently-obtained portion of the 2005 Church report into interrogation methods states about the psychologists involved with the Behavioral Science Consultation Teams and various Special Operations units, "One of their core missions is to support interrogations."
If you go on the national ACLU website, you can read for yourselves the Justice Department legal memos justifying torture and the more than 100,000 documents obtained by the ACLU from the Justice Department and Pentagon through Freedom of Information Act litigation.
They reveal that detainees have been subjected to what used to be known as "water torture," to sensory and sleep deprivation, to electric shocks, to strobe lights and loud music, to temperature extremes, to being chained to the floor in stress positions for more than 24 hours, to beatings ending in injury and even death, to sexual abuse and humiliation, to the use of menacing dogs, to mock executions and deliberate burnings. Many of these techniques have been revealed to be part of the SERE program of "coercive management techniques" which psychologists helped adapt for use on "war on terror" detainees.
Sami El Haj is a Sudanese journalist for Al Jazeera who was released from Guantanamo on May 1, 2008 after being held there for more than six years. In an recent interview, he claims that during that time was interrogated more than 200 times, and gives horrific details of torture which appear designed to induce the "learned helplessness" which we now know is part of the SERE program. He was mostly questioned about Al Jazeera. He says he refused an offer of American citizenship for himself and his family if he agreed to spy on Al Jazeera.
He then states: "We were under the constant supervision of military psychologists. They were not there to treat us, but to take part in the interrogations, observing the tortured prisoners so that no detail of their behavior would escape them. The interrogations were the responsibility of Colonel Morgan, a specialist psychiatric doctor. He gave instructions to the officers who were torturing us, studied our reactions, then noted every detail in order to be able to adapt the torture techniques to each detainee, which had profound psychological consequences. I spoke to them. I told them that the mission of a doctor is an honorable one, to help people, not torture them. They replied, 'We are military personnel and we must follow the rules. When an officer gives me an order, it is my duty to carry it out; otherwise I will be imprisoned just like you. When I signed a contract with the army, I realized at the time that I must obey all orders.'"
On behalf of the ACLU and its 500,000 members nationwide, I urge members of the APA to say clearly to the leadership of their organization and to the world: psychologists have a higher calling than just following orders, and should not participate in the US government's torture regime. What happens here at this Convention will be of major significance in the struggle to restore the rule of law and re-set our nation's moral compass.
Torture or human rights? The choice is ours to make.
Tuesday, August 12, 2008
Anti-torture rally, Aug. 16
Please join a rally at the Boston convention of the American Psychological Association to demand that the organization take a clear stand against the participation of its members in torture. The ACLU of Massachusetts is co-sponsoring the rally, and event details are here.
Wednesday, August 6, 2008
ACLUM Files Suit Seeking Ballot Place for Third Party Candidates
BOSTON – In a lawsuit aimed at ensuring the franchise for Massachusetts voters, the American Civil Liberties Union of Massachusetts has filed suit seeking ballot access on behalf of Bob Barr and Wayne A. Root, the candidates of the national Libertarian Party for President and Vice President of the United States. Despite earlier indicating that it would do so, the Massachusetts Elections Division has refused to place the names of the Libertarian Party’s nominees on the ballot.
“The central issue in this case is the restriction of ballot access for third parties, which has been and continues to be a problem in Massachusetts,” said John Reinstein, Legal Director for the ACLU of Massachusetts, a non-partisan civil liberties organization.
“The right of political parties or candidates to a place on the ballot bears directly on the right of citizens to vote. If parties or candidates are kept off the ballot, their adherents are compelled to vote for representatives other that those of their choice,” said Reinstein. “The denial of a place on the ballot thus constitutes a deprivation of the franchise.”
In July 2007, Dr. George Phillies, the leading Massachusetts candidate of the Libertarian Party, wrote to the Massachusetts Elections Division to explain that he foresaw a potential problem: required signature gathering for placement on the Massachusetts ballot needed to begin before the national Libertarian Party’s nominating convention on May 25, 2008. Phillies asked about the possibility of substituting the name of the final Libertarian Party candidate on the ballot if the nominee selected at the party’s convention differed from the one submitted at the time of the signature-gathering deadline.
The Massachusetts Election Division responded:
If the Libertarian Party seeks to substitute a candidate for President who they already got signatures for on nominating papers, our Office can prepare a form that allows members of the party to request the substitution of the candidate.
At the national Libertarian Party’s nominating convention on May 25, 2008, the party selected former U.S. Congressman Bob Barr as its nominee for president, and Wayne A. Root as its vice presidential nominee. Dr. Phillies, who finished fifth, re-contacted the Massachusetts Elections Division to inform them of the need for substitution. On June 5, 2008, the Division denied this request, stating that the party would need to repeat the process of signature gathering to place new names on the ballot.
“The Libertarian Party sought to head off this problem well in advance. We are in this situation because we received mixed messages from the Elections Division of the Secretary of State’s office,” said Dr. Phillies.
“Requiring smaller political parties to re-gather signatures for their final nominees is a significant and burdensome expense and thus serves as a barrier to their full participation in the electoral process,” said Carol Rose, Executive Director of the ACLU of Massachusetts. “We urge the Massachusetts Elections Division to ensure the right to vote by returning to its prior stance of allowing substitution of the final nominees on the ballot.”
The plaintiffs in the suit are represented by ACLUM cooperating attorneys at the firm of Foley Hoag LLP, and by John Reinstein, Legal Director of the ACLU of Massachusetts.