Minnesota ACLU Takes Legal Action
ST. PAUL - In response to reports of widespread civil liberties abuses in connection with mass arrests, police raids on private homes and the detention of several journalists during the Republican National Convention (RNC), the American Civil Liberties Union renewed its call for an investigation into the actions of law enforcement there.
"Attempts by law enforcement to squelch lawful political speech and
stifle the press have no place in our democracy and are unacceptable,"
said Anthony D. Romero, Executive Director of the ACLU. "Political
conventions should be a showcase for free expression, not a venue for
bullying and intimidation."
The ACLU specifically called for an investigation into possible
violations of the First and Fourth Amendments, including:
The ACLU affiliate office in Minnesota has assembled legal counsel for many of the reporters and peaceful protestors arrested since Monday. The ACLU of Minnesota has also filed a lawsuit in federal court calling for the release of boxes of literature that were confiscated during Monday's raids.
ST. PAUL - The American Civil Liberties Union of Minnesota filed a lawsuit in federal court late last night calling for the release of literature and educational materials that were illegally seized by police during mass raids on private homes and a gather place earlier this week. The raids were part of what appears to be a massive government crackdown on free speech during the Republican National Convention.
"Pamphlets and buttons are constitutionally-protected forms of free speech and the police have no business going around confiscating them from innocent people," said Chuck Samuelson, Executive Director of the ACLU of Minnesota. "It is greatly disturbing if and when the materials are released, it will be too late for their owners to distribute them at the convention."
The ACLU filed the lawsuit on behalf of six individuals who own the confiscated material, which includes First Amendment-protected literature, buttons, pamphlets, leaflets and books. None of those individuals have been arrested or charged with any crime. The complaint charges that the materials were seized in an effort to "chill First Amendment rights to distribute literature, to disseminate ideas, to peaceably assemble, and to redress grievances – all protected under the First and Fourteenth Amendments" of the Constitution.
"Seizing boxes and boxes of literature is another example of the wide-reaching government assault on free speech throughout the convention," said Samuelson. "This kind of law enforcement abuse of power has no place in a democracy."
The complaint was filed against the cities of St. Paul and Minneapolis, Minnesota's Ramsey County, Ramsey County Sheriff Robert Fletcher, three deputies of the Ramsey County Sheriff's Department, and unnamed St. Paul and Minneapolis police officers.
Attorneys on the case are Terri Nelson, legal counsel with the ACLU
of MN; ACLU volunteer lawyers Al Goins and Rick Petry; and Geneva Finn
of the National Lawyers Guild.
RNC Security Worker Among Those Arrested
ST. PAUL - Hundreds of people arrested during a crackdown on free speech in the first days of the Republican National Convention (RNC) were arraigned yesterday. The American Civil Liberties Union of Minnesota assembled teams of attorneys to offer legal services at the proceedings.
"There have been hundreds of arrests, and we expect hundreds more, but the number of arrested is not nearly matched by the number of crimes committed. Most of these people are being picked up for doing nothing other than exercising their right to be out in public," said Chuck Samuelson, Executive Director of the ACLU of Minnesota.
Most of the people arraigned yesterday were charged with misdemeanor, gross misdemeanor and felony charges even though they were swept up in mass arrests while exercising their constitutional rights to free speech and peaceable assembly. Among those arrested were a RNC security worker on his way to work and several journalists attempting to cover the protests outside the convention. Dozens more were arrested yesterday while watching a Rage Against The Machine concert.
Attorneys have objected that bail for those arrested at the RNC is being set unreasonably high - in some cases as much as $2,000. They have also expressed concern about the atmosphere at the law enforcement center where those arrested are being detained. The building is surrounded by eight foot high chain link fence and patrolled by National Guard troops. There are also several teams of police officers in riot gear. Nobody is allowed to enter the complex without ID, and only attorneys are allowed to carry any bags into the building.
"The police presence is scary. The Law Enforcement Center – the jail – looks like something you would find in Baghdad, not in St. Paul," said Samuelson.
The national ACLU has called for an investigation into any civil
liberties violations at the RNC. That statement is available online at:
www.aclu.org/freespeech/protest/36636prs20080904.html
Two students, Britney McIntosh and Edward Matthews, and their advisor, James Winn, of the University of Kentucky newspaper the Kentucky Kernel were arrested on Labor Day while photographing demonstrations and law enforcement response outside the RNC. The Kernel has a circulation of 30,000, one of the largest rates of student newspapers in the country, and the students and their advisor had journalist credentials and registration when they were arrested.
Despite their peaceful, lawful behavior the photo journalists were swept up and arrested with no concern by the police officers as to whether they committed any crimes.
"The arrest of a journalist while documenting political activity violates our country's freedom of the press," stated Charles Samuelson, Executive Director of the American Civil Liberties Union of Minnesota. "There are no justifications to arrest any journalists peaceably assembled at demonstrations."
The three Kentucky Kernel journalists are only a few of the many journalists taken into prolonged custody during the sweeping arrests by law enforcement this week. The ACLU of Minnesota has identified other journalists, bloggers and photographers from Rhode Island, California, Florida, Illinois and other parts of the country who have also been arrested. The photojournalist from Illinois was arrested with the Kernel photo journalists; he however was not released, and is being charged with a Gross Misdemeanor Riot.
"The freedom of all journalists, whether they report as freelancers or work for the NY Times should be respected and protected," stated Samuelson.
McIntosh, Matthews and Winn were released just prior to the end of the 36 hour hold period allowed by law. Though their physical freedom has been restored, McIntosh and Matthews have so far been denied the opportunity to continue reporting as their camera equipment has not been returned to them.
Even though they have been released, they were informed they could still be charged with a crime at a later time. The ACLU of Minnesota is reviewing their legal options regarding their arrests.
The students and their advisor were represented by Matthew Lute of
the Matthew Lute Law Office.
MINNEAPOLIS - Amid charges of police misconduct during the Republican National Convention in Minnesota, the American Civil Liberties Union called for accountability for any unconstitutional actions there.
The following can be attributed to Anthony D. Romero, Executive Director of the ACLU:
"Conducting mass arrests and raiding meeting places of innocent Americans exercising their constitutional right to express political dissent are antithetical to the fundamental values of our democracy. Free speech has to be safeguarded during the Republican National Convention, as the workings of our democracy in the streets are as important as those in convention halls. Allegations of police misconduct must be investigated thoroughly and free speech must be safeguarded for the remainder of the convention."
Teams of civil and criminal defense attorneys recruited and
coordinated by the ACLU of Minnesota filed five lawsuits seeking to
protect free speech and due process in the lead-up to the convention.
Attorneys assembled by the ACLU are currently in the jails offering
limited representation to hundreds of people who were swept up in mass
arrests in the Twin Cities.