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.

School District Removes Internet Filters After ACLU Inquiry

April 11, 2011

NEWARK, N.J. - A New Jersey school district has removed filters that blocked lesbian, gay, bisexual and transgender related websites after receiving student complaints and the American Civil Liberties Union questioned the district about its use of Internet filters. The inquiry is part of a national “Don’t Filter Me” campaign by the ACLU and Yale Law School to combat illegal censorship of pro-LGBT information on public school computer systems.

Voter Groups Go To Court To Fight For Voting Rights of Students

October 27, 2010

TRENTON – The American Civil Liberties Union of New Jersey, Project Vote and the Fair Elections Legal Network today submitted a brief seeking to ensure that the Department of Education fulfill a twenty-five-year old mandate to protect the voting rights of private, charter, and public school students, which the DOE has thus-far failed to meet.

“It is appalling that 25 years after the High School Voter Registration Law was issued, there are still no regulations on the books protecting the rights of private and charter school students under the law, and only the most minimal of protections for district public school students,” said Ed Barocas, the ACLU-NJ legal director.

In 1985, New Jersey passed a law giving all eligible high school seniors the right to receive a voter registration form and voter education as they neared adulthood. The law required the DOE to pass regulations to effectuate the law and ensure compliance. But the DOE never did. And even when the DOE earlier this year created a minimal and insufficient compliance requirement for public schools, it still wholly ignored the rights of students at private and charter schools.

In June of this year, the DOE turned down the voting rights groups’ formal request to tighten the oversight requirements. The groups therefore took state educators to court. This appeal of the DOE decision is based on a section of the voter law that says the commissioner of education “shall adopt” regulations on the voting law.

“The result is that students in 40 to 60 percent of school districts are not being educated about a fundamental aspect of our democracy, or are not receiving the tools they need to register and to vote,” stated Robert Brandon, president of the Fair Elections Legal Network. “When Governor Tom Kean signed the law in 1985, it was out of a civic-minded purpose to fight low rates of voter registration and voting that tend to occur among youth. Today’s lawsuit asks the State to honor that promise to New Jersey’s students and enforce their rights under the voting laws.”

The case is especially important for the over 13,000 students who graduate from private and charter schools every year. The State doesn’t monitor those schools at all for compliance with the voter registration law.

The 84,000 students who graduate annually from New Jersey public schools will also benefit from this case, which asks the appeals court to bolster state oversight and monitoring over their voter registration practices for public schools. Currently, school administrators must check a box on a 144-page checklist, once every three years, to affirm compliance. That is the extent of oversight imposed by the State about the voting laws.

According to Census Department figures, youths age 18-24 vote at far lower rates than their older counterparts. The past two presidential elections years have shown gaps ranging from 12 to 23 percent between the rates of youth voter registration and turnout and the voter registration and turnout of the population as a whole.

Estelle Rogers of Project Vote noted that her group is engaged in a year-long project to register 100,000 high school students in five states. “Research shows that it is possible to create long-term change by encouraging life-long civic participation from young people,” said Rogers. “School-based voter registration drives are one of the best ways of accomplishing this change,” she added.

Related Content

• NJDOE Denial of Petition - Brief
• NJDOE Denial of Petition - Petition

ACLU-NJ Counters Church's Effort to Unmask Online Critic

September 01, 2010

NEWARK — Countering a New Jersey church's unjustified pursuit of an anonymous e-mailer's identity, Public Citizen and the American Civil Liberties Union of New Jersey (ACLU-NJ) asked a court this week to rescind a legal order filed by the church and to protect the e-mailer's privacy.

The two groups filed a brief in the Superior Court of New Jersey in Morris County this week, arguing that the church's request for the source of an e-mail blaming poor management at Our Lady of the Magnificat School for declining student enrollment violated the First Amendment.

"The Constitution allows everyone to express an opinion on matters that concern them without worrying about undue retaliation," said ACLU-NJ Deputy Legal Director Jeanne LoCicero. "Our tradition of anonymous speech reaches back to the publication of the Federalist Papers. No one has the right to intimidate people into silence by threatening to unmask the anonymity they're entitled to."

After several parents of children at the Our Lady of the Magnificat School received an e-mail in February accusing the school of poor management and speculating about student enrollment, the church brought concerns to court in June over slander and potential damage to its reputation.

The court ordered Cablevision, the Internet service provider, to produce documents identifying the critic. Cablevision notified the critic, who contacted Public Citizen and the ACLU-NJ for assistance.

"Established law says that Internet critics cannot be unmasked unless several procedural and substantive protections are met," said Public Citizen attorney Paul Alan Levy. "The requirement that legal and factual merit must be shown before the identity of Internet speakers can be discovered has been the law in New Jersey for nearly a decade."

As ruled in a case that Levy argued a decade ago before New Jersey's Appellate Division, certain criteria must be met for a court to allow the search for an anonymous online commenter's identity to proceed. First, the online commenter must receive notification in order to secure a legal defense. Second, a legal showing must prove the material in question is in fact defamatory. Third, a factual showing must prove the case against the critic is strong. The church in this case has met none of those criteria, Levy said.

The groups are asking the court to vacate its order to Cablevision. They are working with local attorney Richard L. Ravin of Hartman & Winnicki, P.C.

Read the brief online at http://www.citizen.org/documents/In_re_OLM_Brief_Supp_Motion_Reconsideration.pdf

ACLU-NJ Celebrates 50 Years on the Front Lines of Freedom

June 16, 2010

Newark, N.J. - For five decades, the American Civil Liberties Union of New Jersey has been a gale force in the most critical social debates of our time and a vigilant guardian of civil rights for all.

In June, the ACLU-NJ will mark the 50th anniversary of its founding and celebrate its standing as one of the largest and most active affiliates in the nation. Created to counter the growing pressures on civil liberties in the state, the affiliate's first official meeting took place on the night of June 16, 1960. Since its start, the affiliate, which has continued to keep its headquarters in Newark, has seen its membership multiply nearly 10-fold, from 1,600 people to more than 15,000.

ACLU-NJ Exploring School's Ban of LGBT Book

May 10, 2010

Newark - The American Civil Liberties Union of New Jersey sent an Open Public Records Act request Friday to the Rancocas Valley School District for documents that will shed light on the district's decision to remove the book Revolutionary Voices: A Multicultural Queer Youth Anthology from the Rancocas Valley High School library. The book, which shares gay students' coming-out stories and reflections on identity, won the School Library Journal's Adult Books for High School Students Award in 2001.

ACLU-NJ Defends Anti-Abortion Student's Free Speech

March 24, 2010

NEWARK — The American Civil Liberties Union of New Jersey today revisited the most important student speech case — Tinker v. Des Moines — with a friend-of-the-court brief submitted in support of a Bridgeton High School student's right to wear a red armband bearing the word "life."

"While the ACLU seeks to ensure that public schools do not impose religious views on students, we just as fervently fight against school officials who try to silence the religious and political speech of students," said ACLU-NJ Legal Director Ed Barocas.

Bridgeton school administrators banned the student from observing a nationwide day of solidarity against abortion, which she had wanted to mark by distributing anti-abortion literature during non-instructional hours and by remaining silent, letting her red "life" armband speak for her. The school district's initial objections, according to the student's lawsuit, arose from a misreading of the establishment clause, which prevents the government from imposing religion on individuals. But, as the ACLU-NJ explained in its brief, as long as the speaker is a student, not a government official, religious speech deserves the same protections as any other speech.

The school district failed to meet standards that allow exceptions to students' free speech rights, offering no evidence that the student's message would cause a material disruption of the school. Even the district's fairly restrictive dress code policy does not allow the school to sidestep the First Amendment. The dress code, which allows students to accessorize their uniforms with jewelry and hosiery, cannot grant administrators the discretion to ban forms of speech that the Supreme Court expressly protected in Tinker v. Des Moines. In that case, a school did not have the right to prohibit students from wearing black armbands to protest the war in Vietnam.

"Schools cannot silence a student's free speech just because her message might make others uncomfortable," stated Ronald K. Chen of Rutgers Constitutional Litigation Clinic, who submitted the brief on behalf of the ACLU-NJ. "Students do not shed their right to free speech at the school house gate - it's as true today as when the Supreme Court declared it 41 years ago."

The ACLU-NJ ardently defends religious freedom. In recent years, it successfully defended a second-grader's right to sing the song "Awesome God" at an after-school talent show and helped overturn the dismissal of jurors in a criminal trial based on the prosecutor's belief that they had worn overtly religious clothing. A list of other ACLU cases in support of religious freedom can be found at http://www.aclufightsforchristians.com

The case is captioned C.H. v. Bridgeton Board of Education and is proceeding in the United States District Court for the District of New Jersey.

Documents

• CH - Brief

ACLU-NJ Sues Newark Police For Illegal Stop of Young Football Players

April 23, 2009

'Pop Warner Three' held at gunpoint and told they had no rights

NEWARK — The American Civil Liberties Union of New Jersey announced that it filed a lawsuit today against the Newark Police Department on behalf of two African American teenagers and their Pop Warner football coach who were held at gunpoint in an illegal police stop.

"Our clients were subjected to atrocious treatment by the police, which no one should have to suffer," said Avidan Cover of Gibbons P.C., who represents the Pop Warner Three. "We filed this lawsuit to ensure that these young men receive justice and that these sorts of abuses never happen again."

Faheem Loyal & Tony Ivey Jr.

On the night of June 14, 2008, then-13-year-old Tony Ivey Jr., then-15-year-old Faheem Loyal and their football coach Kelvin Lamar James were pulled over and abused by several Newark police officers after a day centered around their Pop Warner football team, the North Ward Scorpions. They were pulled out of the car in the rain at gunpoint, held with guns pointed at them while police searched them and their car and, when James commented that the officers' search of his car violated his rights, he was told by an officer in obscene, threatening language that they didn't have any rights and that the police could do what they want and "had no rules." The three had committed no crimes, and a thorough search of the car turned up only football equipment.

Ivey, Loyal and James were left shaken up and frightened by the incident and feel ongoing distrust of police officers. "I used to think I might become a police officer," said Ivey. "But not anymore."

"I count on the police to protect my son, and instead they threatened his life," said Cassandra Jetter-Ivey, Tony's mother. "This isn't just about three boys at a police stop - this is about making sure it doesn't happen again. This is about restoring our trust in the police."

One of the most troubling aspects of this case was the handling of Jetter-Ivey's Internal Affairs complaint about the matter. It was initially lost, then wasn't properly followed-up on, and at one point Jetter-Ivey was told by an officer that the complaint was transferred to the gang unit because the incident involved three black youths. In fact, to this day, the families have never received a response to their Internal Affairs complaints.

The ACLU-NJ brought the incident to the attention of the City of Newark, and later to the public with a march through the city on October 22, 2008. Newark officials expressed concern and made progress with the ACLU-NJ on implementing a number of reforms that will make Internal Affairs more accessible, such as putting information about how to file a complaint on the Newark Police website, and agreeing to develop pamphlets about how to file a complaint. However, many more reforms are needed, particularly the establishment of an independent monitor.

Independent monitoring is the keystone to successful policing at the city and state levels. Independent monitors — effective in cities like Denver, San Jose, Boise and Portland — have turned poor departments around and transformed good departments into great ones. The New Jersey State Police has improved dramatically with the benefit of a monitor. And as the state police can attest to, an independent monitor's influence can bring technologies and resources that police officers need to do their jobs well. Independent monitors also help departments identify and remove the bad apples that spoil the reputation of the majority of officers who perform their difficult jobs with integrity.

"We can't fix the cracks in Internal Affairs if we can't see them, which is why we need an independent monitor to shine a light into the Newark Police Department," said ACLU-NJ Executive Director Deborah Jacobs. "A flashlight into the police department can prevent a nightstick to the chest. Innocent residents of Newark need a department they can have faith in for the city to be safe."

In addition to advocating for reforms of police practices, the ACLU also represents police officers whose rights have been violated or who have acted as whistleblowers, as documented in a forthcoming report about Internal Affairs units around the state, specifically delving into Newark's operations.

The case is captioned Jetter-Ivey v. Newark Police Department. The complaint alleges that the police officers' action violate the students' and coach's right to be free from unlawful searches and unlawful detention, and to equal treatment; and violates their rights under the New Jersey Civil Rights Act and the New Jersey Law Against Discrimination. The lawsuit demands that Newark takes all steps necessary to establish proper training and supervision with respect to searches and detentions, unlawful discrimination, and the proper handling of complaints. It also seeks damages for the unlawful actions taken by the police against the students and coach.

Related Content

• Most NJ Police Departments Violate Law on Police Complaints
• Jetter-Ivey - Complaint (36k PDF)

Student Newspaper v. Student Government: Round Two

March 24, 2009

MONTCLAIR - The American Civil Liberties Union of New Jersey announced its second lawsuit on behalf of the student newspaper The Montclarion, which was denied the minutes of a closed-session meeting of the Student Governing Association (SGA) that it requested earlier this year through the Open Public Meetings Act.

"The SGA decides which student organizations receive funds and which do not, and that grants it an enormous amount of power," explained Montclarion Editor-in-Chief Bobby Melok. "The students and the newspaper need to know how decisions are made - otherwise accountability is impossible."

The Open Public Meetings Act requires organizations to disclose information about their meetings if the organizations are empowered to spend government money or perform government functions that affect people's rights. Although incorporated as a private entity, the SGA is empowered by Montclair State University, a public school, to make decisions to fund student organizations. In that capacity, the SGA effectively acts as an arm of the public university.

The ACLU-NJ's lawsuit asserts that the SGA violated the Open Public Meetings Act when it improperly went into closed session on February 4, 2009, and then when it then failed to provide The Montclarion with sufficient information regarding that closed session.

"Students have a right to hold the SGA accountable and observe its decision making," said ACLU-NJ Staff Attorney Bobby Conner, who is representing The Montclarion. "You can't have democracy without transparency."

The ACLU-NJ successfully resolved a matter for The Montclarion last year in another tussle with the SGA. The Montclarion contacted a lawyer who investigated the SGA's violations of the Open Public Meetings Act - clearly an ongoing problem - and refused to turn the attorney's correspondence over to the SGA when the SGA demanded it. In retaliation, the SGA froze the paper's funding. The Montclarion successfully re-secured its funding, and with the help of the ACLU-NJ went independent in November of 2008.

The case is captioned Montelican Publishing, Inc. v. Student Government Association of Montclair State University. The case was filed Friday, March 20, 2009, in Superior Court in Essex County.

ACLU-NJ Challenges School's Severe Zero Tolerance Policy

March 10, 2009

NEWARK - The American Civil Liberties Union of New Jersey filed a lawsuit today challenging the suspension of a student for over-the-counter medication in Pinelands Regional School District, an egregious application of its "zero tolerance" policy.

"This case illustrates why zero tolerance policies make zero sense," said ACLU-NJ Executive Director Deborah Jacobs. "In New Jersey and across the country, we have seen good students suspended or expelled for minor infractions. Zero tolerance policies serve no one - not parents, not teachers and not students."

The ACLU-NJ's client, known as P.P. to protect his identity, was suspended when a search of his locker uncovered an expired over-the-counter allergy pill in his backpack. P.P., an honors student who volunteers in the town's library and had never been in trouble before, was suspended for five days, which the administration said was required under the school's policy of "zero tolerance."

School officials pointed specifically to their policy barring possession of an "illegal or dangerous item, product, or commodity," but school officials failed to explain why the non-prescription Alavert allergy tablet was either dangerous or illegal.

"Discretion was built into the law for a good reason - every situation is different," said Frank Corrado, of Barry, Corrado, Grassi & Gibson, who represents P.P. for the ACLU-NJ. "Don't our children deserve to have the full circumstances taken into consideration before taking away their educational opportunities as punishment?"

Like other school districts across the country that adhere to a policy of "zero tolerance" without discretion, Pinelands Regional's policy violates due process rights. But Pinelands Regional also violates New Jersey's laws governing student discipline, which give schools authority to automatically suspend or expel students only if their offenses involve firearms, assaults with weapons or assaults on employees. Everything else requires school officials to make case-by-case decisions, depending on the severity of an offense, the age of the student and the student's history.

"The punishment absolutely does not fit the crime, especially because no crime has been committed," said the mother of the student. "I understand that students need to be punished when they break the rules. But what can parents do when the rules are too strict?"

The ACLU-NJ has wrangled before with discipline issues in the Pinelands Regional School District. In 2004, amid racial tensions in Pinelands Regional High School, the administration threatened about forty students with suspension if they continued to wear anti-racism shirts bearing the message "If I was. . ." on the front, and the name of a minority group (e.g.Asian, gay, black) followed by the words, "Would you still be friends with me? We are all different. End the Hate," on the back.

Two students wore the shirts the day after the administration's threat and refused to take them off when asked, resulting in a three-day suspension. After the ACLU-NJ wrote a letter to the school, the administration promised not to punish any more students, to promote diversity and to expunge the records of the suspended students.

The case was filed in state court in Ocean County and is captioned P.P. v. Board of Education of Pinelands Regional School District.