Judge Orders City of Newark to Produce Log of Records Related to Facebook Donation

January 27, 2012

Judge rejects city’s motion to dismiss parents’ group’s lawsuit

NEWARK – A Superior Court judge today ordered a lawsuit to proceed against the City of Newark (151k PDF) over documents related to Facebook founder Mark Zuckerberg’s $100 million donation for the city’s schools, and ordered the city to produce a list of the documents in its possession. Judge Rachel N. Davidson denied a motion by the city to dismiss the complaint, filed by the American Civil Liberties Union of New Jersey (2.1mb PDF) (ACLU-NJ) on behalf of the Secondary Parent Council (SPC), a group of Newark parents and grandparents seeking more transparency about the Zuckerberg donation.

“Newark’s arguments to skirt New Jersey’s public disclosure laws (1.5mb PDF) simply haven’t added up from the start – that’s just one reason why this lawsuit is going forward today,” said Frank Corrado, an attorney with Barry, Corrado, Grassi & Gibson as well as the president of the ACLU-NJ Board of Trustees, who represents SPC on the ACLU-NJ's behalf. “When Mayor Booker accepted this generous offer to help transform Newark’s schools, he emphasized the role the public would play in the process. Instead they have been denied basic requests for public documents.”

The city has argued it does not have any documents, but that even if it did, they would be shielded by mayoral executive privilege, which does not exist in New Jersey. During a hearing on the motion to dismiss the case today, Judge Davidson said she found it hard to believe the city did not possess any records related to the September 2010 donation.

“It’s a little difficult to believe that after Mr. Zuckerberg pledged $100 million to the Newark Schools that the City of Newark would not have a document,” said Judge Davidson.

Michael Witt, the attorney representing the city, acknowledged that the city has some documents, which he believed would comprise roughly 50 pages of emails. The judge ordered the city to provide a log with a description of those emails by Feb. 10, 2011.

The judge’s ruling today brings Newark parents one step closer to a better understanding of the details of the donation, which was intended to transform Newark schools. Despite numerous requests for more detailed records since the announcement of the gift in September 2010, the City of Newark has released only general information about the use and sources of the funding rather than the complete body of information the public is entitled to under law.

“As parents and grandparents, we simply want to fully understand the impact of this gift on our children and get a better grasp on this aspect of their education,” said Laura Baker of the Secondary Parent Council. “Refusing to share details the public deserves to know sends a message that outside funders have more insight into the Newark Public Schools than the community members who have a stake in the process.”

Gov. Christie Earns Mixed Marks on Civil Liberties During His First Two Years

January 24, 2012

ACLU-NJ examines Christie’s record on respecting rights

NEWARK – The American Civil Liberties Union of New Jersey (ACLU-NJ) released a midterm report card for Gov. Chris Christie today (182k PDF), issuing mostly low marks for his administration’s handling of critical civil liberties issues such as reproductive freedom and free speech.

The report card examines Christie’s record on an array of civil liberties issues during his first two years in office. The ACLU-NJ issued a similar report card for Newark Mayor Cory Booker (229k PDF) in 2009 during his first term in office.

“Christie has two years to turn a mediocre civil liberties record into a testament to individual rights,” said ACLU-NJ Executive Director Deborah Jacobs. “The people of New Jersey expect a leader who will stand up for their freedoms, not one who will let them know that despite his unfair policies, his heart is in the right place. It’s time for Gov. Christie’s good intentions to turn into policies that strengthen our rights and improve our lives.”

The ACLU-NJ issued the following grades:

• B in Freedom of Religion. Gov. Christie made headlines several times in his first term for defending the religious freedom of Muslims and warning against extremists trying to promote discrimination against Islam.


• F in Freedom of Speech. When provided the opportunity to speak up for our nation’s most fundamental value, the Governor stood idly by, letting the Department of Military and Veterans Affairs trample the rights of Occupy Trenton, and going so far as to endorse the termination of a NJ Transit employee fired for exercising his right to free expression.


• B- in LGBT Rights. Although the Governor has spoken out against bullying and supported some interests of the LGBT community, he has turned his back on marriage equality for same-sex couples.


• D in Open Government. Although the Governor signed a bill that lowers the cost of copies in New Jersey, his administration has put itself on the wrong side of open government disputes numerous times, allowing agencies to hide public documents and forcing citizens to go to court to get them.


• C in Police Practices. Improvements made by the Office of Attorney General (OAG) to its statewide police Internal Affairs policies were a step forward, but the OAG has failed to address other important issues, such as developing a statewide policy on the use of confidential informants.


• C in Privacy Rights. The governor conditionally vetoed a bill that sought to open adoption records, taking into account the privacy rights of birth parents. At the same time, he signed into a law a bill that allows police to collect DNA of people once they have been arrested in violation of privacy and due process rights.


• F in Reproductive Rights. Not only did the governor cut $7.5 million from the budget for family planning centers, but he also withdrew an application for a federal program that would have covered family planning expenses for some of New Jersey’s most vulnerable women and children.


• D in Separation of Powers. The Governor refused to reappoint New Jersey Supreme Court Justice John J. Wallace, Jr., calling into question the tradition of evaluating judges based on merits, and personally attacked a Superior Court judge because he disagreed with the outcome of her ruling. Gov. Christie’s actions threaten to undermine the judiciary’s independence and credibility.

Judge Rules in Favor of Same-Sex Couple in Discrimination Case

January 13, 2012

Ocean Grove Camp Meeting Association broke state’s discrimination law when it denied use of its pavilion for couple’s civil union ceremony

Luisa Paster & Harriet Bernstein

NEWARK – A state administrative law judge has ruled (50k PDF) that the Ocean Grove Camp Meeting Association violated the state’s Law Against Discrimination when it denied Ocean Grove residents Harriet Bernstein and Luisa Paster the use of its boardwalk pavilion for their 2007 civil union ceremony. The association had allowed members of the public to rent the pavilion and had never before declined a permit other than for scheduling conflicts until it received Paster and Bernstein’s reservation request. The association rejected the couple’s application to use the space, stating that civil unions violated its Methodist doctrine.

“The Camp Meeting Association could have used the pavilion exclusively for its own purposes,” said Lawrence Lustberg of Gibbons, P.C., who represents the couple as a cooperating attorney for the ACLU-NJ. “The judge found, however, that the association opened the pavilion up to the public and thus was obligated to follow anti-discrimination laws.”

“We are pleased with the judge’s findings,” said Harriet Bernstein. “When we first started planning our civil union, we had no idea that it would come to this. We weren’t asking the association to change their beliefs. We just wanted them to give us the same opportunity to use a beautiful space that we had seen open for public use.”

Paster and Bernstein celebrated their civil union at a fishing pier in Ocean Grove, a quarter mile from the pavilion on June 30, 2007. By then, the community rallied around the couple, showing support by raising flags around town that symbolized LGBT equality.

“Fortunately, out of this painful incident, Ocean Grove residents have a renewed sense of community and have come together to support equality,” said Luisa Paster.

In his written decision, Judge Solomon A. Metzger of the Office of Administrative Law found that in March 2007, when Paster and Bernstein filled out a reservation form, the pavilion was a public accommodation. The judge determined that the Ocean Grove Camp Meeting Association breached its agreement to make the pavilion available to the public on an equal basis. The association was also required to make the pavilion public in exchange for a state tax exemption it received that requires equal access on a non-discriminatory basis. Metzger also noted that while the association is free to practice its mission without government oversight, it had never attached any religious ministry to the wedding venue until it received Paster and Bernstein’s application.

“(The association) was not, however, free to promise equal access to rent wedding space to heterosexual couples irrespective of their tradition and then except (Bernstein and Paster),” Judge Metzger stated.

The administrative law judge’s decision is sent to the Director of the Division on Civil Rights who has 45 days to adopt, modify or reject it as part of the Director’s final decision; otherwise, it becomes a final decision. Once a final decision is issued, a party may appeal to the Appellate Division of the Superior Court.

Bernstein, 70, a grandmother and retired school administrator and Paster, 64, a retired academic librarian, met at a retreat in the Poconos in 2000. The couple decided to celebrate their commitment with a civil union in 2007, shortly after New Jersey passed a law allowing for civil unions. The couple, who live in the Ocean Grove section of Neptune, wanted their ceremony to take place at the Ocean Grove Boardwalk Pavilion, an open-air wood-framed seating area facing the Atlantic Ocean.

The pavilion was used for community and charitable events and the owners of the property, Ocean Grove Camp Meeting Association, received a tax exemption from the state Green Acres program, which provides exemptions to non-profit organizations who use their property for recreational or conservation purposes. An important condition of the exemption is that the property be “open for public use on an equal basis.”

In March 2007, the couple went to the office of the Ocean Grove Camp Meeting Association and filled out an application to reserve the pavilion for their civil union. Days later, association officials denied their application and returned their $250 deposit. When Paster and Bernstein sought an explanation, they were told civil unions violated the group’s Methodist principles.

Paster and Bernstein filed a complaint with the state Division on Civil Rights.

In December 2008, the state Division on Civil Rights found probable cause that the association violated the state’s anti-discrimination law. The case proceeded to the state Administrative Law Judge for disposition.

“This decision affirms New Jersey’s strong protections against discrimination,” said Jeanne LoCicero, ACLU-NJ Deputy Legal Director. “When you open your doors to the public, you can’t treat same-sex couples differently.”

The case is captioned Bernstein et al v. Ocean Grove Camp Meeting Association, OAL DKT. NO. CRT 6145-09.

Attorney General takes step backwards on police Internal Affairs tracking

December 21, 2011

ACLU implores Dow to suspend use of faulty new form

NEWARK – The American Civil Liberties Union of New Jersey condemned the decision of New Jersey Attorney General Paula Dow to implement use of a new form that makes it more difficult for law enforcement officials and the public to track police misconduct investigations.

“We have done everything we can to stop the Attorney General from releasing this poor revision of the New Jersey Internal Affairs statistics form,” said Deborah Jacobs, ACLU-NJ executive director. “After all the negative attention the state and major cities have received for abusive police practices, it’s dismaying that the AG would implement a revised tracking system that is worse than the original.”

At issue is how annual statistics on Internal Affairs complaints and dispositions are submitted to the counties and state, and available to the public through the Open Public Records Act. The ACLU-NJ wants systems to ensure that every citizen complaint is properly investigated, tracked and reported.

For several years the ACLU-NJ has pointed out to the Attorney General (420k PDF) and other high-ranking law enforcement officials that thousands of ongoing Internal Affairs cases were dropped from statistical records because police departments failed to report them in a statistics form provided by the AG’s office. To complete the form properly, officials must note the number of complaints pending at the end of one year, and carry them over as pending into the next year. However, over the last decade a multitude of departments failed to carry the pending cases over, resulting in unknown outcomes for thousands of cases throughout the state over a multi-year period. (650k PDF)

The problem was highlighted in the ACLU-NJ’s 2008 report, “The Crisis Inside Internal Affairs” (1.2mb PDF) and in the ACLU-NJ’s petition to the Department of Justice to investigate the Newark Police, as well as in a Star Ledger article about it.

In 2011, the Attorney General formed a working group to examine this and other issues raised by the ACLU-NJ concerning the Internal Affairs policy. It announced revisions on May 6, 2011, and finally released it with attachments on the Attorney General’s website yesterday. The revisions – many of which the ACLU-NJ supported – included changes to the statistical form. However, instead of insisting that police departments properly carry pending cases over – just as they do with Uniform Crime Reports – the revised policy simply eliminated the pending column, thus making it impossible for chiefs, county prosecutors, the Attorney General or outside advocates to get a full understanding of internal affairs operations in each department.

On September 7, 2011, the ACLU-NJ wrote to Phillip Kwon (1.4mb PDF), First Assistant Attorney General, to explain the problem and ask that the form be changed prior to its release. The ACLU-NJ proposed another option that would allow the AG to streamline the form while maintaining critical information, like the pending columns. The AG’s office did not respond to the letter, nor phone calls and emails to Dermot O’Grady, Deputy Director of the Division of Criminal Justice, who oversaw the revisions.

Yesterday the Attorney General posted its new version of the form online (2.3mb PDF), thus making the new, inferior form official despite the fact that it provides less information to both police and citizens.

“In a climate where police practices in New Jersey are under scrutiny not only by concerned citizens, but also the Department of Justice, it’s unacceptable for the Attorney General’s office to lead us backwards into failed record-keeping.” said Jacobs.

The ACLU-NJ sent another letter to the Attorney General today (144k PDF), objecting to the form and imploring her to suspend its use before she leaves office.

One Year After Initial Request, Department of Education Agrees to Release Records

November 17, 2011

NEWARK - In response to a lawsuit filed by the ACLU-NJ, the New Jersey Department of Education (DOE) has released public records containing the names of outside persons brought in by the DOE to review applications from schools seeking charters from the Commissioner of Education. The documents were released nearly one year after the initial request was filed by the Education Law Center (ELC).

The ACLU-NJ filed suit in March 4, 2011 on behalf of ELC, which has advocated for more transparency and accountability in the charter school review and approval process.

According to the documents that were released (1.4mb PDF), some of the reviewers are advocates for expanding charter schools and private school vouchers in New Jersey. Others are, or have been, affiliated with organizations that promote and support charter schools. ELC is analyzing the list further to determine whether the individuals brought in are qualified to make decisions about charter school applicants on behalf of the state.

"Even a cursory look at the list of charter reviewers raises a red flag about the ability and qualifications of these persons to give DOE objective input on whether an applicant meets the legal and education standards to open a charter in New Jersey," said ELC Executive Director David Sciarra.

ELC filed a public records request for the information on November 24, 2010. In addition to seeking the names, ELC also asked for training materials that were used to train reviewers, including a Power Point presentation. The DOE responded to the request on December 22, 2010 and refused to release the materials. Although it released emails between DOE employees and volunteers, the department redacted the identities and email addresses of the DOE volunteers. The state later agreed to release the requested training materials after the lawsuit was filed.

The lawsuit charged that the state violated the Open Public Records Act (OPRA) by refusing to release the names of outsiders who play a role in determining which schools receive a charter and public funding.

"Charter schools have a mission to serve the public and in turn the public has a right to know who is involved in making these decisions," said ACLU-NJ Open Governance Attorney Bobby Conner. "Releasing the list of outside reviewers sheds more light on how decisions are being made. It's time now for the DOE to take the next step and release the actual reviews, along with the reasons for the Commissioner's final decision to approve or deny a charter application."

Related Content

• Education law Center v. NJDOE
• Email Released November 17, 2011 (1.4mb PDF)

ACLU-NJ Wins Temporary Restraining Order in Favor of Occupy Trenton Protesters

November 07, 2011

NEWARK — A Superior Court judge has validated the free speech rights of Occupy Trenton protesters and has ordered the state (240k PDF) to return all of the food, medical supplies, computers and other property that it confiscated on October 14.

“This is a victory in our efforts to secure full free speech rights for Occupy Trenton,” said ACLU-NJ Legal Director Ed Barocas. “The state cannot arbitrarily create restrictive policies just because it does not like how people are using a public space.”

Superior Court Judge Mary C. Jacobson in Trenton granted a temporary restraining order (240k PDF) preventing the state from enforcing some of the “rules” issued in a letter from Raymond L. Zawacki, the Deputy Commissioner for Veterans Affairs in the Department of Military and Veterans Affairs, in response to the Occupy Trenton demonstration that began in Veterans Park on October 6.

Protesters will now be allowed to have their laptops, coolers, signs and other items at the park on State Street. The judge ordered the state to return all confiscated belongings to protesters by November 14. The judge further confirmed that the protesters must be allowed to maintain a continuous 24-hour presence at the park, although the protestors cannot set up tents or other structures.

The American Civil Liberties Union of New Jersey (ACLU-NJ) filed the lawsuit (2.3mb PDF) on behalf of Occupy Trenton on October 26. The lawsuit claims the state’s imposition of previously-nonexistent restrictions on the protesters, and the seizure of their property pursuant to those restrictions, violated their rights to free speech and due process.

Judge Jacobson acknowledged Occupy Trenton’s likelihood to succeed in the case, noting that the state failed to follow proper procedures when it made up the restrictions governing the use of the park. She explained that the Occupy Trenton demonstrators “are entitled to have restrictions on their constitutionally protected activities imposed by rulemaking and not informal action targeted at their demonstration.”

On October 26, ACLU-NJ cooperating attorney Bennet Zurofsky appeared in court to ask the judge to impose a temporary restraining order to stop the state from enforcing the illegal rules. The ACLU-NJ will appear in court again on December 19 for another hearing on the matter.

Occupy Trenton is also being represented by ACLU-NJ cooperating attorney David Perry Davis and ACLU-NJ Legal Director Edward Barocas.

Related Content

• Occupy: Order
• Occupy: Brief
• Occupy: Complaint
• DMAVA Letter

New Guides Help NJ Citizens Gain Access to Government

November 02, 2011

ACLU-NJ pamphlets answer key questions about NJ’s sunshine and right-to-know laws

NEWARK - Although New Jersey's Sunshine Law and Open Public Meetings Act are powerful tools to gain access to government officials, interpreting the laws can sometimes present a challenge. The ACLU-NJ has two new resources to change that, one demystifying the Sunshine Law (382k PDF) and another shedding light on the Open Public Records Act (369k PDF).

• The ACLU-NJ's guide to New Jersey's Sunshine Law (382k PDF) explains the rules all public bodies must follow regarding meetings, including whether they have to keep minutes (they do), whether they can be fined for violating the law (they can), whether it's legal for members of the public to record meetings (it is), and times when members of the public may speak (during mandatory public-comment periods).
• Additionally, the guide to New Jersey's Open Public Records Act (369k PDF) teaches the ins and outs of accessing government documents: how to file a request at any level of government in New Jersey, what copies of records will cost (5 cents for letter-size paper, 7 cents for legal) and what to do if a request is denied (there are several options).

"The law supports the rights of New Jersey citizens to get the information they need to engage in community issues and concerns, but you can only fight for your rights if you know what they are," said ACLU-NJ Open Governance Attorney Bobby Conner. "Having an easy-to-use guide to these rights should embolden people to act if government agencies unlawfully hide information or forbid access to meetings."

The pamphlet is available on the ACLU-NJ's website, www.aclu-nj.org/opengov. Members of the public can also request a pamphlet by emailing info@aclu-nj.org.

Citizens can use the Sunshine Law and Open Public Records Act to uncover a wide range of information, from official salaries and crime statistics to school board meeting minutes and topics coming before the city council. The ACLU-NJ's Open Governance Project has used the Sunshine Law and Open Public Records Act to uncover whether New Jersey has tracked cell phones; to find out which school districts violated the state's rules for enrolling immigrant students; to learn whether New Jersey Gov. Chris Christie met with the head of Fox News; and to secure the rights of citizens to access and record public meetings.

"Unless we know what our government officials are doing, there's no way to hold our elected officials accountable," said ACLU-NJ Executive Director Deborah Jacobs. "We hope these pamphlets will serve as a how-to guide for everyone in New Jersey to play a direct part in defending democracy."

The longstanding tension in New Jersey between concerned citizens and powerful local authorities was just one factor that gave rise to the ACLU-NJ's Open Governance Project, founded in 2009 with a generous grant from Rutgers School of Law's Pratt Bequest to help New Jerseyans gain access to their government. The ACLU-NJ saw firsthand the severity of government agencies' problems with transparency. While trying to investigate civil liberties violations, the ACLU-NJ regularly encounters roadblocks to information based on misinterpretations of open records laws, stalling civil liberties work, and weakening checks on governmental power.

The ACLU-NJ is currently working with legislators to modernize the Sunshine Law, which has hardly been touched since its passage in 1974, on the heels of Watergate, and the Open Public Records Act, which was last revised in 2002. Advances in technology have changed the day-to-day processes of government drastically, and the laws require clarification to guarantee open government in an age when officials can use electronic communications to shield records and hold secret meetings.

For more information on the ACLU-NJ's Open Governance Project and its work to promote transparency, visit http://www.aclu-nj.org/theissues/opengovernment/opengovernanceproject/

ACLU-NJ goes to court to defend Occupy Trenton's free speech

October 27, 2011

State illegally confiscated computers, signs and medicine from protesters

TRENTON – The American Civil Liberties Union of New Jersey (ACLU-NJ) appeared in the Chancery Division of Mercer County Superior Court yesterday afternoon to stop the State from enforcing unconstitutional rules that violate the free speech rights of the Occupy Trenton protesters. The ACLU-NJ argued that the State illegally confiscated the laptops, coolers and other property belonging to the protesters on October 14 as a means to chill their free speech.

“The state cannot arbitrarily create restrictive policies just because it does not like how people are using a public space,” said ACLU-NJ Legal Director Ed Barocas. “Laws must be created pursuant to proper process, not created by executive fiat.”

The rules at issue were developed and enforced only after protesters first descended on Veterans Park on State Street on Oct. 6 with blankets, laptops, a small generator, coolers of food and tarps for rain. In the past, other groups have been permitted to use tables, canopies and other items that the State has prohibited Occupy Trenton from using.

On Oct. 13, Raymond Zawacki, Deputy Commissioner for Veteran’s Affairs in New Jersey’s Department of Military and Veterans Affairs, issued an edict restricting any camping or picnicking items from the park. The next day, the State Police confiscated most of the protesters’ property, including their computers, coolers, the generator and their protest signs.

During the hearing, ACLU-NJ cooperating attorney Bennet Zurofsky argued the state cannot inhibit speech activities simply because it doesn’t like the aesthetics. Zurofsky also pointed out that picnicking - including with items like coolers and chairs - is just the kind of activity for which parks were designed. The Attorney General’s office argued in court that the State can make up whatever rules it wishes regarding its property and that any “unattended” property should be considered “abandoned.” The State has essentially taken the position that property, including protest signs, is “unattended” if it is not within arm’s length of an individual. Indeed, the State seized protestors’ property despite the fact that the protestors are within a few feet of their items.

The ACLU-NJ asked the court to impose a temporary restraining order to prevent the State from infringing upon the protestors’ fundamental rights. The judge is expected to rule in the next few days.

Related Documents

• Occupy: Brief
• Occupy: Complaint
• DMAVA Letter

More Obstacles Encountered in Quest for Transparency about Facebook Donation

October 25, 2011

Top officials are using personal email to discuss Facebook and City of Newark refuses to release records

NEWARK - The Secondary Parent Council (SPC) and other organizations seeking information about the $100 million pledge by Facebook CEO Mark Zuckerberg continue to encounter roadblocks by the City of Newark and other public officials who are using personal email accounts to discuss the donation.

"The bottom line is that folks on the ground in Newark want basic information about the terms of the gift, such as whether it included any preconditions" said Deborah Jacobs, American Civil Liberties of New Jersey (ACLU-NJ) executive director. "But between the use of personal email accounts and unjust denials of open records requests, they've learned practically nothing."

Recent developments include:

• The City of Newark has asked the court to dismiss an open records lawsuit filed by the ACLU-NJ on behalf of the SPC, a Newark group of parents and grandparents that requested public records about the Facebook donation. The City claimed in its response (1.7mb PDF) that the records are protected by mayoral executive privilege (something allowed only to the Governor in New Jersey), that Newark Mayor Cory Booker was not acting in official capacity, that the communications were exempt because they were deliberative and that the mayor has a general need for privacy in executing his functions.
• The City's response came days after the ACLU-NJ discovered that top officials, including Mayor Booker and Department of Education Commissioner Christopher Cerf have used their personal email accounts to discuss the Facebook pledge. The ACLU-NJ made the discovery after reviewing documents released in response to an open records request made by one of its clients, the Education Law Center (ELC).

In July, the ELC filed an open records request (11k PDF) with the state Department of Education (DOE) seeking any emails, documents or other correspondence between the agency and the Foundation for Newark's Future, a nonprofit established to raise matching funds and administer the money. The DOE turned over documents and email, (1.6mb PDF) which included email exchanges between Cerf and Booker on their personal accounts.

The ACLU-NJ emailed a letter to the DOE (395k PDF) asking that it search the personal email accounts of Cerf and Assistant Commissioner Andrew Smarick for public records. By law, public business conducted on a personal email account is a public record. Public officials should not be allowed to conduct business on private email accounts because it lessens accountability when the email is not on the government agency's computer system.

ELC is one of several organizations that have sought transparency and records about the Facebook money. The NAACP and SPC have also filed open records requests with the City of Newark, the Newark Public Schools and the DOE. Although the DOE recently provided some records, not one of the agencies has produced any written agreement or contract memorializing the terms of the gift.

Laura Baker, a representative of the SPC, said she is dismayed by the City of Newark's lack of response.

"I'm extremely disappointed that the city has once again refused to turn over records," said Baker. "As parents and grandparents, we just wanted to get a better idea about how our leaders are making decisions that affect our children."

Related Content

• Community Groups, ACLU-NJ Seek Public Records About Facebook Donation
• Newark Mayor Cory Booker Speaks About the Facebook Money
• Secondary Parent Council v. Newark
• Responses from the City of Newark and the State to OPRA requests
• Timeline of Facebook donation and quest for records

ACLU-NJ’s Statement on Union Township School Teacher’s Facebook Post

October 18, 2011

NEWARK — Although we do not agree with the sentiments expressed on Union Township teacher Viki Knox’s personal Facebook page, her beliefs and comments are protected by the First Amendment. But because her postings raise questions about her conduct within school, the school district can and should investigate whether she is performing her job in accordance with school policies and the state's Law Against Discrimination.

The ACLU believes that the response to offensive speech is not the restriction of speech, but more speech, which is why the ACLU has created programs like the "Don’t Filter Me" project, which ensures the public schools aren’t illegally denying students access to positive, affirming information about LGBT issues. The ACLU-NJ has participated in this program and successfully advocated for a school in Vineland to remove a filter blocking sites that were supportive of LGBT issues.

Ms. Knox’s Facebook comments highlight the work that still needs to be done to help people understand why LGBT equality is so important. The ACLU will continue working hard to make sure public schools are safe for all students, including LGBT students, in New Jersey and in communities across the country.

Related Content

• Student Rights Handbook (1mb PDF)