Court Upholds Right to Challenge NYPD Surveillance Program

October 13, 2015

The American Civil Liberties Union of New Jersey today applauded a court decision today that ensures the right of Muslim New Jerseyans to challenge the New York Police Department surveillance program that appeared to target them based solely on their religious beliefs. The decision issued by the U.S. Court of Appeals for the Third Circuit sided with individuals, associations, and businesses represented by Muslim Advocates and the Center for Constitutional Rights, and reinstated the case in which the ACLU-NJ and Rutgers School of Law-Newark Constitutional Rights Clinic filed a friend of the court brief on behalf of numerous civil rights organizations. The opinion rejected a lower court opinion issued in February 2014 that had erroneously held that the plaintiffs had no standing to sue and accepted at face value the government’s unsupported rationale for the spying.

As explained by the Court: “What occurs here in one guise is not new. We have been down similar roads before. Jewish-Americans during the Red Scare, African-Americans during the Civil Rights Movement, and Japanese-Americans during World War II are examples that readily spring to mind. We are left to wonder why we cannot see with foresight what we see so clearly with hindsight — that ‘loyalty is a matter of the heart and mind, not race, creed, or color.’”

The following statement is from Edward Barocas, Legal Director of the ACLU of New Jersey.

Edward Barocas

“The ACLU-NJ commends the Court of Appeals for the Third Circuit for reinstating the case against the NYPD’s discriminatory spying program. It appears the agency spied on Muslim individuals, mosques, and Muslim-owned businesses based solely on religion. Our Constitution forbids such discriminatory actions.

“Widespread discriminatory policies against religious and ethnic minorities have occurred before in our country, but we look back on such actions with regret, as we will here. The opinion today rightly overturned a ruling that would have denied individuals the right to challenge patently unconstitutional discrimination. When the government profiles an entire group of people based solely on a characteristic such as ethnicity or religion, affected individuals are due their day in court, which will now happen. We look forward to the next steps in this important case.”

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