DOJ’s Seizure of AP Phone Records Affronts Constitutional Principles

This week, the Associated Press reported that the Department of Justice had seized two months of phone records for its editors and reporters without any prior notification to the news organization, thereby denying it the opportunity to negotiate or challenge the seizure in court.

While it's true that there are complicated issues at stake in balancing the right to privacy and First Amendment protections for the media against the government’s obligation to protect national security, the Attorney General’s office has in place its own guidelines on subpoenas of news media for evidence and testimony – guidelines that they apparently failed to follow in this case.  If true, the actions taken by the Department of Justice are beyond the pale of our Constitutional system. The right of all persons to feel secure that their privacy is protected is fundamental to our nation's character; we should pay special heed to that guarantee when it involves the freedom of the press, an essential bulwark of our democracy.

Any government requests for media records should be subject to automatic  judicial review, and whatever exceptions to that principle that may exist should be extraordinarily limited in scope. According to reports, neither was true in this instance.

In response to this revelation, the White House has appropriately reiterated its support for more robust shield laws to protect journalists from undue government intrusion. Even without those laws in place, the Department of Justice should have understood that its actions in this instance were a gross violation of important Constitutional principles.

 

PFAW

When Everything Is Partisan, Just Do What's Right

I suppose I shouldn't have been surprised when Republicans started complaining that President Obama's second inaugural address was too "partisan" and lacked "outreach" across the aisle. But who was left out? What did they find "partisan"? The acknowledgement of climate science? The idea that women should receive equal pay for equal work? The nod to civil rights struggles of our past and present? The hope that no American will have to wait in hours-long lines to vote? The defense of the existence of a social safety net? The determination to offer support to the victims of a historic storm and to find real answers to the epidemic of mass shootings? In the not-too-distant past, none of these would have raised eyebrows except on the very, very far right. But I guess that's the point: what was once the radical fringe is now in control of the Grand Old Party.

In many ways, Monday's inauguration ceremony was a Tea Party Republican's nightmare-come-true. The openly gay poet. The Spanish sprinkled into the benediction. The one-two-three punch of "Seneca Falls to Selma to Stonewall." It was the embodiment of all that the far right has tried to wall itself off from as the country begins to include more and more of the real America in its democracy.

What would have pleased this faction, short of winning the presidential election? I imagine they would have preferred a paean to the America of their imaginations -- where the founders were flawless and prescient about the right to bear assault weapons and the Constitution was delivered, amendments included, directly from God; where there are no gay people or only silent ones, where the world is not getting warmer; where there have been no struggles in the process of forging a more perfect union. This, of course, would have been its very own kind of political statement -- and one that was just rejected by the majority of American voters.

If embracing America as it is rather than as a shimmery vision of what it never was constitutes partisanship, and if it turns off people who cling to that dishonest vision, let's have more of it.

This post originally appeared at the Huffington Post.

PFAW

Election Is Mandate for Policies Grounded in Progressive American Values

One of the few things that Barack Obama and Mitt Romney agreed on during the campaign for the presidency was that this election was a choice between two very different visions of America, two very different directions for our country's future. The American people have made their choice -- a resounding victory for President Obama and Vice President Biden and a mandate for their policy agenda.

The Constitution, the Role of Government and the Common Good

In reelecting President Obama, Americans embraced the need for effective, vigorous government action to protect the rights, interests, health and well-being of every American.

In rejecting Mitt Romney and Paul Ryan, Americans rejected the notion that our communities and our country would be better off with a drastically restricted federal government demanded by the Tea Party and a "you're on your own" philosophy represented by Paul Ryan's budget.

Romney picked Ryan as his running mate for a reason -- it was a full embrace of the Tea Party wing of the GOP. The public looked at Ryan's record and his positions and said, "no thanks." John Boehner tried to reassure his Tea Party caucus with election-night bluster about taxes, but the American public had a very clear choice on economic policy. President Obama's call for the wealthiest among us to contribute their fair share to our economic recovery carried the day.

Voters embraced a sense of national purpose expressed by the authors of our Constitution: "in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." Voters rejected the cramped and twisted interpretation of the Constitution promoted by small-government extremists.

Equality Under the Law

Voters also embraced constitutional values such as equality under the law, and rejected the call to turn back the clock on progress toward equality for LGBT Americans. President Obama urged voters in Maine, Maryland and Washington State to vote for marriage equality, and encouraged Minnesotans to reject an anti-gay constitutional amendment. Three states were wins for equality, and Washington appears headed in that direction. These victories should give new support to President Obama's backing for marriage equality and new momentum to efforts to overturn the Defense of Marriage Act. Mitt Romney, in contrast, pledged to strip the freedom to marry from same-sex couples and write discrimination into the Constitution.

The Supreme Court, Individual Rights, and Democracy

Another thing that the Obama and Romney campaigns agreed on was that this election would also determine the future direction of the Supreme Court. Both candidates made their approaches to the Court clear -- Obama with his nominations of the widely respected Sonia Sotomayor and Elena Kagan, Romney with his choice of right-wing ideologue Robert Bork to head his judicial advisory team and his pledge to appoint nominees in the mold of the court's backward-looking conservative activists.

The Citizens United ruling and related decisions by this Supreme Court have dismantled decades of carefully crafted laws that protected the interests of individual voters by limiting the power of corporations and wealthy individuals to influence elections. The vast spending by Super PACs and other organizations created to take advantage of this new reality gave corporations and the wealthiest Americans an unprecedented ability to influence and sometimes dominate races at all levels. Those moneyed interests will start sooner, go bigger, and be even more relentless in 2014 and 2016 and forever until the Citizens United decision is either overturned by the Court or reversed by a constitutional amendment, which President Obama has endorsed.

Citizens United is just part of a broader problem with the current conservative majority on the Supreme Court, which has the rights and interests of people, actual human beings, to the interests of corporations. Consider Romney's "corporations are people, my friend." The public didn't buy this, but a majority of the Supreme Court has. If this flawed philosophy is allowed to stand, it would be devastating to the well-being of Americans and the health of our democracy. President Obama should take whatever opportunities he has in his second term to nominate Supreme Court justices whose commitment is to upholding the rights of flesh-and-blood Americans, not powerful corporate "persons."

Women's Rights

Another key issue is women's rights. Romney made it clear that he would roll back women's rights, and not only at the doctor's office, but also on the job. While President Obama campaigned proudly on having signed the Lilly Ledbetter Fair Pay Act, Romney's campaign refused to give a straight answer about where he stood on that law. Instead he promised to give us more Supreme Court justices like the ones whose decision to make it harder for women to fight job discrimination required the Ledbetter law in the first place.

One stark contrast between the two candidates was in their positions on women's access to reproductive health care. President Obama had made access to contraception a major policy initiative, and he has warned of the threat to Roe v. Wade. In contrast, Romney and Ryan staked out extreme and more extreme positions on restricting access to legal abortion. Not only did they not carry the day, but radical positions on abortion and rape played a significant role in the defeat of Romney ally Richard Mourdock in Indiana and Todd Akin in Missouri. Women's rights played a major role in this election, and an exciting group of women senators and representatives will be in office to help President Obama move these issues forward.

Comprehensive Immigration Reform

The candidates also took sharply contrasting positions on issues of particular concern to Latino voters. President Obama embraced America's promise of opportunity by moving to protect from deportation young people brought to the U.S. by their parents. Obama supports permanent solutions to our broken immigration system through the DREAM Act and comprehensive immigration reform. Mitt Romney's harsh anti-immigrant policies and rhetoric, and his plan for making people so miserable that they will choose to "self-deport," may have won him hard-right votes in the primary, but it alienated Latino voters and others -- even some Romney allies among evangelical Christians. Polls make it clear that the American public supports President Obama's commitment to comprehensive reform that gives the millions of hard-working undocumented immigrants in the U.S. a path to citizenship.

A Mandate for Progressive Governance

After the most expensive election in our history, voters defeated the relentless efforts of billionaire bullies, voter-suppressing politicians, and political strategists who broke new ground with campaigns built on blatant falsehoods.

Americans reelected a president who has offered a vision of an American community in which equality and opportunity are for everybody, a vision of government that is willing and able to advance the common good while protecting the rights of individuals, and a vision of society in which we embrace our growing diversity as a unique strength of the American Way, not a threat to it.

With an Electoral College victory larger than that of Kennedy, Nixon, Carter and George W. Bush -- both in 2000 and 2004 -- and a popular vote victory margin of millions of votes, President Obama unquestionably has a national mandate to pursue the policies he campaigned on, among them:

  • Building a Supreme Court majority that protects the legal and constitutional rights of individuals rather than sacrificing them to corporate interests;
  • Overturning Citizens United and returning common sense to campaign finance laws;
  • Advancing equality and opportunity for all Americans, including women, LGBT Americans and immigrants; and
  • Asking the wealthiest Americans to contribute their fair share to needed investments in the common good and to the reduction of long-term deficits.

Americans are ready to move forward. They will have little patience with the petty partisan obstructionism that Republican congressional leaders are already promising.

This post originally appeared at the Huffington Post.

PFAW

A Real-Life Halloween Scare From Mitt Romney

Forget ghosts and goblins. Here at People For, our biggest Halloween fear is a Supreme Court chosen by Mitt Romney. Take a look at our new video:

In the Huffington Post today, PFAW Senior Fellow Jamie Raskin lays out the damage that a Romney Court could do – from rolling back reproductive rights to eliminating protections for working people. Read it here.

PFAW

Chamber of Commerce - Big Spenders in the 2012 Elections

*NOTE: If you happen to be in the D.C. area, consider joining us Friday, Oct. 19 from 11:15a.m.-12:00p.m. for a rally in front of the U.S. Chamber that will call on the organization to disclose the sources of its funding and to stop opposing disclosure reform. The rally will include grassroots organizations as well as small business leaders and will be held at Lafayette Square, NW Corner, across from the intersection of H and 17th Sts. NW, Washington, D.C.*
 
The 2012 election cycle is poised to be the most expensive on record: if reasonable estimates of its cost are accurate, spending as a percent of real GDP will be 5.4% higher than in 2008.
 
The reason for this is not difficult to ascertain: because of the infamous Citizens United decision in 2010, election spending by outside groups has quadrupled since 2006. The U.S. Chamber of Commerce—the largest lobbyist organization in the United States and the flag bearer for corporate interests—had a lot at stake over the decision and submitted an amicus curiae brief during the proceedings.
 
A common misperception is that the primary effect of Citizens United has been to allow wealthy individuals to commandeer elections via unlimited independent expenditures. While this is true to some extent, corporationsrepresented by trade and lobbying organizations like the Chamber—also have a pivotal role to play in such efforts. In fact, the Chamber spent more than any Super PAC during the 2010 election cycle, indicating that corporations have benefited just as much as individuals.
 
The Chamber has been the premier vehicle for funneling cash to key pro-corporate initiatives for decades. It is a national organization with 300,000 businesses as members and a further 3,000,000 businesses and individuals as associates via state and local Chambers. Though the national and state/local Chambers are affiliates, often coordinate their efforts, and ostensibly have the same goals, increasingly there is divergence between them. For example, the 2010 congressional midterms saw 40 state/local Chambers dissociate themselves from the national Chamber over the content of advertising during the election cycle.
 
Receiving donations from a variety of businesses and individuals (the organization doesn’t have to disclose donors due to its 501(c)6 non-profit status), the Chamber claims to segregate funds for several distinct purposes: thus far, it has donated $1.59 million to campaigns, parties, and associated PACs, spent a whopping $55 million on lobbying, and spent a further $22 million on ‘outside spending’ in 2012.
 
Though ‘outside spending’ constitutes an undue extension of corporate influence over elections, the Chamber still dedicates the bulk of its funds to lobbying. In each instance, its pernicious influence affects the debate by skewing discussion toward corporate-sponsored proposals. For example, the Chamber has worked hard to water down regulations on derivativesespecially the Volcker Rule, which bans proprietary trading (derivatives were at the heart of the Great Recession of 2007-09) and in 2010 the chamber sued the Environmental Protection Agency in order to challenge carbon emission regulations.
 
As an integral member of the American Legislative Exchange Council (ALEC) —a consistent supporter of regressive Republican candidates and an organization with hundreds of millions of dollars at its disposal—the Chamber’s activity evinces the fact that corporations are very active this election cycle and that the claims that the Citizens ruling has enhanced free speech are absurd.
PFAW Foundation

New TV Ad! "Mitt Romney's Supreme Court: Too Extreme For America"

A new ad released by People For the American Way holds Governor Mitt Romney accountable for his extreme agenda for the Supreme Court, including his decision to name right-wing ideologue Robert Bork as his chief judicial adviser.

In an interview this week, Romney insisted that the right of a woman to have an abortion in cases of rape and incest would be decided by the Supreme Court. But Romney failed to mention his promise to appoint Judges who would drastically limit women's rights.

In our ad, released today and running in the Tampa area during the RNC, People For the American Way corrected the record.

Mitt Romney says that a woman's right to choose an abortion even in cases of rape and incest isn't up to him.

Romney: "This is the decision that will be made by the Supreme Court."

But Romney has promised to appoint Supreme Court Justices who would overturn Roe v Wade. As his chief judicial advisor he chose Robert Bork, a man with a long record of hostility to women's rights.

Mitt Romney: Too extreme for women. Too extreme for America.

For more, visit our campaign site at RomneyCourt.com.

 

PFAW

PHOTOS: Religious, Political Leaders Join Launch of People For Foundation Report, '12 Rules for Mixing Religion and Politics'

Last week, People For the American Way Foundation launched a new report, “12 Rules for Mixing Religion and Politics,” which offers guidelines for policymakers and advocates seeking to bring faith into political debates.

Joining us at a launch party for the report and a discussion of the issues it raises were Minnesota Rep. Keith Ellison, the first Muslim in Congress; Sister Simone Campbell, director of the Catholic social justice group NETWORK; and Rabbi David Saperstein, director of the Religious Action Center of Reform Judaism.

Here are some photos of the event from People For Foundation’s Dylan Hewitt:

Sister Simone Campbell talks with People For’s COO, Nick Ucci 


People For President Michael Keegan, Rep. Keith Ellison, and Senior Fellow Peter Montgomery 

Michael Keegan and Rep. Keith Ellison

Sister Simone Campbell and Rabbi David Saperstein

Rabbi David Saperstein 

Rep. Keith Ellison and Minister Leslie Watson Malachi, director of People For the American Way Foundation’s African American Ministers Leadership Conference.
 

PFAW Foundation

New guidelines hit the free speech bullseye but miss the mark on bullying prevention

On May 22, a coalition led by the American Jewish Committee and the Religious Freedom Project/First Amendment Center released Harassment, Bullying, and Free Expression: Guidelines for Free and Safe Public Schools. While we welcome the opportunity to keep the anti-bullying conversation going, this particular entrée has a problem.

It concludes:

Prevention of harassment and bullying is essential for healthy, effective public schools.

Agreed.

But that effort must not lead to excessive limitations on the constitutional right of students to freedom of expression.

Agreed.

School officials have an obligation to seek the right balance between upholding free speech and maintain a safe learning environment for all students.

Agreed.

So what’s the problem?

With a clear primacy for speech rights, it tilts the balance too far in one direction.

To understand why let’s start with PFAW’s approach to the issue.

Following the increased media attention paid to bullying-related suicides in 2010, PFAW took a strong stand on behalf of lesbian, gay, bisexual, and transgender (LGBT) students and those who are perceived to be LGBT.

We supported the Safe Schools Improvement Act (SSIA) and comprehensive anti-bullying policies that enumerate specific categories of victims, including students targeted based on sexual orientation and gender identity, as well as SSIA’s provisions for data collection, public education, and grievance procedures.

We supported the Student Non-Discrimination Act (SNDA), which protects students from school-based sexual orientation and gender identity discrimination, much like Title IX does for gender discrimination, and much like other areas of law do for various protected classes. SNDA recognizes bullying and harassment as discrimination, and it provides both for remedies against discrimination and incentives for schools to prevent it from happening in the first place.

We didn’t support either at the expense of the Frist Amendment or freedom of speech.

SSIA states:

Nothing in this part shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under, other Federal laws that establish protections for freedom of speech or expression.

SNDA states:

Nothing in this Act shall be construed to alter legal standards regarding, or affect the rights available to individuals or groups under, other Federal laws that establish protections for freedom of speech and expression, such as legal standards and rights available to religious and other student groups under the 1st Amendment to the Constitution and the Equal Access Act (20 U.S.C. 4071 et seq.).

Yet the May 22 guidelines say nothing of either bill, very little about the anti-bullying laws and policies already in place in 49 states and DC, and very little about the Department of Education’s October 2010 guidance. In other words, they take anti-bullying policies out of the anti-bullying context altogether and place them in the free speech context.

As the Anti-Defamation League put it in letters to Education Secretary Arne Duncan and Assistant Attorney General Tom Perez:

While we agree that students’ free speech and religious expression rights are important, we strongly disagree with the guidelines’ direct implication that such rights have been given short shrift in current federal and state law and policy and need greater protection.

We completely agree that the free speech rights of students should be defended.

We have every interest in fostering learning environments safe not only for free speech but also for freedom from bullying and harassment.

We hope that we can unite around a common goal of stopping abhorrent behavior that prevents victimized students from accessing a quality education. What should be havens for learning have instead become, for LGBT students and those who are perceived to be LGBT, sites of abject torment. All of our children deserve far better than that.

Click here for PFAW’s comments on bullying ahead of the new school year.

PFAW

Freedom for 'Phobes

It has been known for years that Chick-fil-A supports right-wing groups. The company has given out gift cards at the Family Research Council’s Values Voter Summit. At a recent Religious Right gathering, a speaker talked about how wonderful it was to live and work in Atlanta, where, he said, there’s a Baptist church on every corner and the streets are paved with Chick-fil-A.

So I am no fan of Chick-fil-A, but I’m a big fan of freedom, and that includes Chick-fil-A’s freedom to open its restaurants, even in cities where progressive political leaders don’t like the reactionary politics promoted by the company and its owners.

There’s been a robust campaign by advocates for LGBT equality to call more attention to Chick-fil-A’s contributions to “traditional family” groups, which total in the millions of dollars. But the feathers really flew when company president Dan Cathy made comments in an interview with Baptist Press bragging about his company’s position on marriage – “guilty as charged” -- and his comments to an Atlanta radio station.

I think we are inviting God’s judgment on our nation when we shake our fist at him and say, ‘We know better than you as to what constitutes a marriage,’” said Cathy.

I pray God’s mercy on our generation that has such a prideful, arrogant attitude to think that we would have the audacity to try to redefine what marriage is all about,” he added.

It’s no surprise that Cathy’s comments have stirred supporters of LGBT equality to respond. Much of that response has been in the best traditions of free speech and protest. In Washington, D.C., this week, the Human Rights Campaign organized a protest in front of a Chick-Fil-A food truck. Other activists have rallied outside Chick-Fil-A stores and some students have protested the company’s presence on their campuses.

In addition, a number of political leaders have spoken out in defense of marriage equality and in opposition to the company’s support for discrimination. Twenty years ago, I would never have imagined elected officials taking the time to publicly criticize a business on behalf of the ability of same-sex couples to get married. It’s a good thing – a sign of amazing progress.

But a couple of politicians have gone too far – suggesting that the power of government should be used to prevent the company from opening restaurants based on its political donations and the positions of its owners. That’s not a good thing. As a matter of principle, the government shouldn’t treat individuals differently based on their political or religious beliefs, or companies based on the political activities and contributions of their owners.  As others have noted, we wouldn’t want cities or states to have the power to prevent the opening of stores whose owners support LGBT equality or other progressive causes. 

People For the American Way’s headquarters is located in the District of Columbia, where elected officials have recognized that LGBT people should be treated equally under the law. DC’s progressive public policies stand in stark contrast to the anti-equality work of groups like the Family Research Council, but we would never suggest that the DC government could or should have prevented FRC from planting its headquarters in the center of downtown DC. Our commitment to freedom and equality should extend to those who don’t share it.

PFAW Foundation