At Liberty

Roe's 50th Year Undid Its Promise Jan 19, 2023

January 22nd marks the 50th anniversary of Roe v. Wade, the landmark Supreme Court case that codified the right to an abortion. But this year on January 22nd, we’ll largely remember this anniversary as the one that wasn’t. For 49 years, Roe helped to allow people who could become pregnant decide what was best for them and their families, but on June 24th, 2022, the Supreme Court overturned Roe in the case of Dobbs v. Jackson Women’s Health. Since then, bans on abortion have taken effect in 13 states, and courts have blocked abortion bans in 9 others, according to the New York Times abortion ban tracker, though this is constantly changing. On this anniversary episode, we are going to look at the reality that people are facing in a post-Roe America, both those seeking care and those providing it. Without Roe, a key component of reproductive care has become illegal or restricted for more than 20 million people, throwing many into painful and life-threatening situations. We are joined by Community Organizer, Kaitlyn Joshua, who experienced firsthand how new restrictions on abortion endanger the lives and wellbeing of pregnant people and Dr. Jennifer Lincoln, an ob/gyn, reproductive health educator, author, and Executive Director of Mayday Health, an organization focused on providing information on abortion access and options for people, regardless of where they live.

The Dangers of Drag Censorship with Peppermint Jan 12, 2023

Last year, the LGBTQ community faced an onslaught of scrutiny and threats, from bills banning trans youth from participating in sports, to bans on gender-affirming care for trans youth. Towards the end of the year, another front for legislative and violent attacks emerged: drag shows. As drag reality competitions and drag brunches become increasingly popular, backlash in the form of armed protests and intimidation of drag performers has followed. In November, an Oklahoma bakeshop had a molotov cocktail thrown through its window after hosting a drag show. Later that same month, a shooter entered a Colorado Springs drag show and opened fire, killing five people and injuring over 20 more. In December, far right groups such as the Patriot Front and Proud Boys showed up to a drag story hour in Columbus, Ohio, armed while others held up signs with slogans like "groomers not welcome" and "groomers are child abusers." These are, unfortunately, not one offs. GLAAD reported that drag events faced 141 protests and serious threats in 2022. Towards the end of 2022, lawmakers in six states proposed bills to ban drag in public or in the presence of minors. Amidst this wave of anti-drag legislation and violence, drag performers and host venues across the country are moving to higher security or cancel performances altogether. Despite this risk, drag performers are mobilizing to resist this most recent wave of discrimination and can count on the ACLU to support the fight against drag censorship. Here to talk with us about drag censorship and the tools to defend this expression are Peppermint, notable drag performer and ACLU's Artist Ambassador for Transgender Justice, and Emerson Sykes, senior staff attorney at the ACLU's Speech Privacy and Technology Project.

Dahlia Lithwick on the Law's Hidden Heroes: Women Jan 05, 2023

Happy New Year. It's so good to be back with you. Often on At Liberty, we detail what is happening in the field of civil rights and public interest law, from an issue perspective. This week we're doing something a little different. We're highlighting the people behind that work, specifically the contributions of women and non-binary people to the movement of resistance law. Women weren't always allowed to be lawyers. In fact, in 1873, the U.S. Supreme Court said that women had no constitutional right to practice law. Thanks to women who fought back, that is no longer our reality. And actually, it's quite the opposite. Women are now seen, celebrated and remembered at the highest levels of the practice. This advancement is due to the work of hidden figures throughout history, like Pauli Murray, for example, who you'll hear more about today. We're sharing a conversation between two women lawyers. ACLU's very own senior staff attorney, Gillian Thomas, is in conversation with Dahlia Lithwick, legal journalist and author of the new book Lady Justice. Together, they discuss Dahlia's new book that traces the history of women in law and highlights the work of women lawyers, most notably since 2016, who've taken up the mantle to fight back against injustice that oppresses the most marginalized and threatens all of us. Dahlia argues that in a constitutional democracy, like our own power is for the taking and that women have heeded that call and stepped into their arena to fight.

ACLU Kids Take the Mic Dec 21, 2022

For this special holiday episode, we handed the reins over to the ACLU kids. Together, with their adults, they talk about what we do to fight for civil rights and civil liberties. You’ll hear from our ACLU family all across the country and they have some pretty interesting insights to share. We hope you enjoy!

2022 Wins With David Cole Dec 15, 2022

As we near the end of the year, we are bringing you an episode of reflection. A lot has happened in the world, in our country and in our work at the ACLU. While we have weathered devastating losses like the overturn of Roe v. Wade this past summer, there are still meaningful victories we can celebrate this year and build on in the coming year. We’ve successfully fought back in courts all across the country on behalf of abortion access, racist and homophobic education gag orders, immigrant rights, voting rights and so much more. So today we are regrouping with the ACLU’s National Legal Director, David Cole, to talk through where we can find hope this year and also where we can continue to press forward.

Student Debt Is a Racial Justice Issue Dec 08, 2022

In August of this year, President Biden followed through on a campaign promise to help debt-drowning college students pay off their loans. He announced a loan forgiveness program acknowledging that the total cost of both four-year public and private college has nearly tripled over the last 40 years…and that’s after accounting for inflation. A variety of court cases have been brought against Biden’s plan blocking the U.S. Department of Education from moving forward. Just last week, the Supreme Court agreed to weigh in on one of them -- Nebraska v. Biden, that will determine whether or not the Biden administration overstepped its authority in using the HEROS Act -- an act that allows the administration to change payments on student loans during times of national emergency -- to cancel up to $20,000 in student loan debt for nearly 40 million Americans. The oral arguments are set for February. Thankfully while this issue pends in court, the administration extended a pause on federal student loan payments so that borrowers are protected. At the ACLU, we believe the student debt crisis is a racial justice issue depriving Black and Brown Americans important social and economic mobility. Here to discuss how we got here, the litigation at hand, and why this issue is one of racial justice and systemic equality is Persis Yu. She is the Deputy Executive Director and Managing Counsel at the Student Borrower Protection Center, a group leading the charge in advocating for forgiveness.

Bars Behind Bars: The Use of Rap Lyrics in Court Dec 01, 2022

When Ice-T and his band, Body Count, released the song “Cop Killer” in 1992, it spurred outrage. At the time, Bill Clinton and George Bush were running for president, and condemning “Cop Killer” was among the handful of stances where they found common ground. Officials and police departments called for a complete boycott of Time Warner Inc. for refusing to halt the sales of the song. In response, Time Warner publicly stated its unshakable commitment to stand by freedom of expression and argued that “Cop Killer” is an "artist's rap on how a person in the street feels." "It's a shout of pain and protest," and "raw with rage and resentment." Professor Carrie Fried of Winona State University conducted a long study that year in an attempt to contextualize this dialogue in research; she found that participants exhibited several implicit biases. they were more likely to find one of two songs with the same lyrical content more threatening and offensive if they thought it came from a Black artist or fell under the genre of rap. She also found that participants were quick to pin violent lyrics on the rap genre, even when they came from folk songs. So what happens when these implicit biases sit on the jury in a real criminal case? Across the country, rap lyrics are on trial as prosecutors pull from the expressive words of artists, and judges deem these songs to be admissible evidence in court. Joining us today to discuss this evolution of this practice is Erik Nielson, professor at the University of Richmond and co-author of the book Rap on Trial: Race, Lyrics, and Guilt in America. We are also joined by New Orleans rapper, songwriter, and former member of the 504boyz Mac Phipps, who experienced firsthand how the use of lyrics on trial can lead to a wrongful conviction.

It's Time to Tell Accurate Indigenous Stories Nov 22, 2022

This week as we approach the Thanksgiving holiday, we want to challenge our listeners to acknowledge and honor the day as a National Day of Mourning for indigenous people. The truth of this holiday isn’t that white people from Europe and the Wampanoag people in Plymouth, Massachusetts sat down to eat a nice meal together, celebrating a fall harvest. The true story of Thanksgiving is one of brutal genocide, theft of land, and the beginning of a relentless assault on native people and culture. This is a hard truth, but it is one we must acknowledge in order to reconcile our past and do better in the future. As we gather with family and friends, we encourage you to bring this conversation to bear. Today we’re running a conversation from our archive featuring indigenous artist and educator Josué Rivas in conversation with Molly Kaplan, one of At Liberty’s old hosts. Josué is a visual storyteller, educator, creative director, and self-described “Indigenous futurist.” He descended from the Mexica Otomi peoples. He aims to challenge the “mainstream narrative about Indigenous peoples,” and to “be a visual messenger for those in the shadows of our society.” His work has appeared in The Guardian, The New York Times, and National Geographic — to name a few publications. He is also the founder of the 2018 Standing Strong Project, a tribute to the Water Protectors at Standing Rock, North Dakota, and co-founder of Natives Photograph, a database for photo editors looking to hire indigenous photographers in North America.

Alok Vaid-Menon on the Fight for Gender Freedom Nov 17, 2022

This week, we are re-airing a conversation we had with Alok Vaid-Menon in early June, before we had the final Dobbs decision. Alok’s work is always salient but with the recent midterm election results showing an overwhelming affirmation of reproductive access, we believe their call for transformative thinking around gender essentialism and bodily autonomy is a way both to celebrate the wins at the polls and drive us towards a more expansive and imaginative vision of what’s possible from here. Alok Vaid-Menon is a nonbinary writer, performer, public speaker, activist and artist exploring the themes of trauma, belonging, and the human condition. They are the author of Femme in Public, Beyond the Gender Binary, and Your Wound/My Garden. Alok has done a lot of work to interrogate their history, our collective history, and to probe beneath the surface of what we’ve come to accept as the norm. They challenge us all to use our imagination to re-wire what we believe is possible for ourselves and society around us. This is a really special conversation and our team, quite honestly, all felt gob-smacked by Alok’s perspective. We let this conversation run long because we wanted you all to experience it and take it in as we did.

Abortion Rights Won the Midterms, Now What? Nov 10, 2022

This week, voters went to the polls to elect their representatives at every level of government. Most notably for us at the ACLU, the midterms are the first opportunity to get a national sense of where voters are sitting on abortion access since the June overturn of Roe v. Wade. We are also on guard watching for voting rights violations and are eager to make sure every ballot is counted. So far we are cautiously optimistic and hopeful about the positive progress for civil rights and civil liberties and so today we are checking in with the experts, the morning after election day, to see how they’re feeling about the future of our reproductive freedom and voting rights work. Joining us are J.J. Straight, the ACLU’s Liberty Division Deputy Director and Zara Haq, a Senior Campaign Strategist, both J.J. and Zara sit in our National Political Advocacy Department. Text ACT to 82623 to sign up for ongoing, automated text alerts from ACLU and its affiliates about ways to take action and support the ACLU Organizations. Msg & Data Rates May Apply. Text STOP to cancel or HELP for info. https://www.aclu.org/privacypolicy

What's on Your Midterm Ballot? Nov 03, 2022

The midterm elections are just around the corner. On Tuesday, November 8th, all across the country will vote for our representatives in Congress and in our state government. On the ballot, we have 435 House seats, 35 Senate seats, 27 secretary of state seats, and many more positions to vote for. We know that midterms can be hard to piece through. There's so much information. Down ballot races don't get a lot of airtime, and many states have important ballot initiatives to consider. The ACLU is a nonpartisan organization, so we don't tell voters who to vote for, but we do inform voters about what's at stake in an election. So here is what's at stake. Abortion access is on the ballot, and so are LGBTQ rights, voting rights, immigrant rights, and criminal, legal and criminal legal reform. To help break it all down. We have a special episode today that will arm you with all that you need to know in order to vote your values at the polls. Joining as our resident guide is Kary Moss, the ACLU's Acting National Political Director and the Director of Affiliate Support and Nationwide Initiatives. Additional Resources: https://go.peoplepower.org/signup/vote-your-values/?redirect=volunteer https://www.aclu.org/vote-your-values?redirect=voteyourvalues

Is SCOTUS Coming for Indigenous Children? Oct 27, 2022

On November 9th, the Supreme Court will hear oral arguments in the case of Brackeen vs. Haaland. At the center of the case are the future of Indigenous rights and tribal sovereignty. The case involves the Indian Child Welfare Act, otherwise known as ICWA, an act that was passed in the 1970s to protect native children from removal from their community and culture and to keep families together. Texas, together with individual plaintiffs, allege that ICWA is unconstitutional because they say it violates the Equal Protection Clause and discriminates against non-native families looking to adopt native children. But honoring tribal sovereignty isn't about discrimination or race. That's a fundamental misunderstanding of Indigenous rights. To learn more about the case, the threat to Indigenous rights and the reasons that ICWA was enacted in the first place, we spoke with Jamie Nelson, a Choinumni Yokuts man and a survivor of pre-ICWA separation abuse, and Stephanie Amiotte, Legal Director for the ACLU of South Dakota, North Dakota, and Wyoming.

This Supreme Court Case Could Upend Democracy Oct 20, 2022

The Supreme Court is set to hear a case this term that could upend the very foundation of our democracy: free and fair elections. In the case of Moore v. Harper, the Supreme Court will decide whether the North Carolina Supreme Court has the power to strike down the legislature’s gerrymandered congressional map for violating the state’s Constitution. The North Carolina legislators are arguing for an interpretation of the U.S. Constitution — known as the "independent state legislature theory” — that would render the state’s other branches of government and their checks and balances powerless in matters relating to federal elections, giving full power to partisan-majority state legislatures to determine how votes are cast and counted. While this all may sound a little weedy, the stakes loom large. If the court sides with the North Carolina State legislature, Moore v. Harper, could change the face of our national elections and the rules that govern them. Joining us today to help break it all down are the ACLU’s National Legal Director David Cole and Senior Staff Attorney for the ACLU’s Voting Rights Project, Ari Savitzky, who also happened to write the ACLU’s amicus brief for the case.

The Century-Long Fight Over Transgender Youth Oct 13, 2022

It’s October, which means it’s LGBTQ History Month, a time to remember, look back and celebrate the history of LGBTQ activism and the resulting progress. It’s also a time to acknowledge the work still to be done and understand the roots of systemic discrimination and inequality. To that end, our fight continues. On October 17th, the ACLU is headed to District court in Arkansas to argue the case of Brandt v. Rutledge, where we are challenging Arkansas’s law banning health care for transgender adolescents. Today, we have a special conversation for you. We’re hearing from Gillian Branstetter, communications strategist for the ACLU’s gender justice work in conversation with Chase Strangio, Deputy Director for Transgender Justice at the ACLU’s LGBT & HIV Project and Jules Gill-Peterson, an Associate Professor of History at Johns Hopkins University and author of The Histories of the Transgender Child. Together, they’ll break down the case ahead of us and the history that brought us here.

Is the Government Tracking Your Abortion? Oct 06, 2022

If you live in a state where abortions have been banned since the overturn of Roe v. Wade, accessing abortion is a huge challenge. But unfortunately, access is not the only challenge -- pursuing an abortion without leaving a trace poses another huge hurdle. If you search for resources online, if you get in your car and travel, who you text, if you ship pills to your house -- will the state find out? In our daily lives, many of our actions are tracked for consumption and utilization by various companies and organizations. That data could now be used against you if you seek an abortion. We are used to hearing people shrug off data surveillance concerns. The saying from digital privacy naysayers goes: if you have nothing to hide, you have nothing to fear. But now, we maybe have something new to hide, and therefore maybe something new to fear. Today, we are digging into data privacy in a post-Roe world and learning both what we individually can do to best keep our data safe and what we can ask of data collectors and government officials to help us in our pursuit of privacy. Joining us is Jennifer Granick, Surveillance and Cybersecurity Counsel, for the ACLU’s Speech, Privacy, and Technology Project. Additional Resources: From the Digital Defense Fund, How to Keep Your Abortion Private & Secure: https://digitaldefensefund.org/ddf-guides/abortion-privacy From the Electronic Frontier Foundation, Surveillance Self-Defense: https://ssd.eff.org/en

How the Supreme Court Could Silence Black Voters Sep 29, 2022

On October 4th, the Supreme Court is set to hear Milligan v. Merrill, a case that would undermine Section 2 of the Voting Rights Act. At question is Alabama’s new congressional map, a map that underwent what is called racial gerrymandering or racial redistricting, diluting Black Alabamans’ voting power. The case’s outcome will determine the future of voting rights in America. Joining us today, our plaintiff in the case Shalela Dowdy, Organizer, Veteran, law student and resident of Mobile and Davin Rosborough, Senior Staff Attorney with the ACLU’s Voting Rights Project who is on the litigation team for the case.

A Tale of Two Victories: Abortion in Kansas and Michigan Sep 22, 2022

On August 2nd, voters in Kansas came out in droves to protect abortion access in the state through a ballot measure. It was the first opportunity for voters to cast their support for abortion access since the overturn of Roe v. Wade. For many, Kansas was proof in the pudding: Americans overwhelmingly support reproductive rights. This November, a slew of other states have ballot measures that will similarly allow the people to decide if abortion will be protected in their state. In Michigan, the measure was only just recently added to the ballot after 750,000 people signed a petition to ensure that Michiganders would have a choice to protect abortion access in their state Constitution. To protect abortion access in a post-Roe reality, we need to pursue every avenue possible, including at the ballot box. Today, we’re speaking with Rachel Sweet, campaign manager for Kansans for Constitutional Freedom who led the ballot measure to a sweeping victory for reproductive rights. And, also, Connie Kross, a retiree-turned-repro-rights-champion who volunteers for Reproductive Freedom For All, the ballot measure campaign in Michigan. These two have rolled up their sleeves and recruited their friends, family and neighbors to do the same. They are not turning back. And neither are we.

How to Fight Your School's Sexist Dress Code Sep 15, 2022

It’s back to school season! And, this week we are digging into the wild world of dress codes. Clothes, like most things, have the power we give them. Sometimes they are a way to craft or express identity and sometimes they are just pieces of fabric stitched together to help us get through our days. In school, certain kinds of clothes are given more power and more scrutiny than others. In school, certain kinds of clothes and style can get you in trouble. At the ACLU, we believe that school dress codes are tricky and they can be ripe venues for the discrimination and censorship of young people. In this episode we will hear from Kayla, a track athlete originally from Albany High School who found herself and her teammates suspended for their dress code violation. We’ll also chat with Linda Morris, a staff attorney with the ACLU’s Women’s Rights Project who will break down why we got involved.

This Podcast Could Be Banned in Florida Schools Sep 08, 2022

It’s September and we’re back! Did you miss us? We missed you. So happy to be back and bringing you a very timely episode for the back to school season. In August, the ACLU along with partner organizations, filed a challenge to Florida's Stop W.O.K.E. Act, a censorship law which restricts educators and students from learning and talking about issues related to race and gender in the classroom. This isn’t the first law we’ve seen like this: education gag orders have been introduced in 40 states, and nearly 20 states across the country have passed these kinds of laws. Florida’s law, we argue, violates the First and 14th Amendments by imposing viewpoint-based restrictions on educators and students that are both vague and discriminatory. Additionally, the laws violates the Equal Protection Clause because it was enacted with the intent to discriminate against Black educators and students. Today we’re digging in and speaking with two of our clients who are impacted by this law as well as one of the ACLU’s lead attorneys on the case.

California's Fight for Reparations Jul 28, 2022

Last month, the California Reparations Task Force released an interim report detailing California’s history of slavery and its impact on the state. The task force was created in the aftermath of George Floyd’s murder. Its goal is to examine what a reparations program in the state could look like. The idea of reparations for slavery itself is not new. It stems from the value of enslaved labor, which, in 1860, was estimated at over 3 billion dollars. This forced labor built the backbone of the American economy but enslaved people nor their descendants have ever seen the economic benefit from their labor. In fact, Black Americans have systematically been denied opportunities to build and accumulate wealth since the country’s founding.Advocates of reparations argue this is one of the most effective ways to decrease the racialized wealth gap. Joining us today Tammerlin Drummond, a communications strategist at the ACLU of Northern California and Brandon Greene, director of the racial and economic justice program at the ACLU of Northern California, Brandon Greene. Tammerlin is also the host of Gold Chains, a podcast that explores California’s ties to slavery, and Brandon worked with the California Reparations Task Force, helping build the interim report. To learn more about the Gold Chains project, visit: https://www.aclunc.org/sites/goldchains/index.html

Actress Ali Stroker on Disability Pride and Representation Jul 21, 2022

Today, we are bringing you a conversation celebrating Disability Pride Month, which is July. This conversation with actress and singer Ali Stroker was recorded last year, but we think it has the same resonance today. We talk to Ali about disability identity and representation in the media. We hope you enjoy the conversation. Roll the tape! Across the top 100 movies of 2019 only 2.3% of all speaking characters had a disability. What’s more, the rare times we do see a character with a disability, they aren’t played by someone with a disability. In fact, one study found that in the top 10 TV shows for 2018 only 12% of disabled characters were played by disabled actors. In contrast, around 133 million Americans live with visible or invisible disabilities — that’s 40% of the public. To put it plainly, there’s A LOT of room for improvement. Enter Ali Stroker, a singer and actress phenom who became both the first person using a wheelchair to perform on Broadway and the first person using a wheelchair to win a Tony award. Ali, in many ways, has put disability on the media map, landing roles in film, television, theater and even writing a children’s book. She joins us on At Liberty to discuss the importance of the representation and celebration of disability in the entertainment industry and beyond.

Roe's Overturn Threatens All Reproductive Care Jul 14, 2022

It was a few days after the overturn of Roe v. Wade when a doctor in Louisiana prescribed a medication to make the insertion of an IUD, a form of birth control, less painful for a patient. The medication has several uses. One of them is to act as the second part of a two-drug protocol used to terminate a pregnancy. The pharmacy called the prescribing physician to ask if the prescription was for an abortion. When she told them it was for an IUD insertion, the pharmacist still refused to give out the medication, leaving the patient without the medication for her procedure. This is one of the ways Roe’s overturn has already impacted access to other kinds of reproductive care. We worry this will not only continue but get worse. Today we are going to dig into the new landscape of reproductive healthcare in a post-Roe world by talking with two physicians who have dedicated their lives to helping people who can get pregnant navigate their vast pool of healthcare needs. From deciding how to prevent pregnancy and how to manage harmful periods to how to recover from a miscarriage and how to deal with infertility, these doctors know better than most, and certainly better than the Supreme Court, that the full spectrum of reproductive care is of vital importance to the lives of millions of Americans. Joining us today are Dr. Colleen Denny, the Medical Director of Women's Health Services at Bellevue Hospital in NYC and an Assistant Clinical Professor at the NYU School of Medicine who provides OB-GYN care that includes abortion, and Dr. Lucky Sekhon, a double board-certified OB-GYN and Reproductive Endocrinologist & Infertility Specialist at RMA of New York, a fertility clinic. She is an assistant clinical professor at the Icahn School of Medicine at Mount Sinai. To donate to support our fight against the attack on reproductive autonomy and all the attacks that follow. Please visit aclu.org/keepfighting. To get involved in our people power effort to protect abortion access, please visit aclu.org/abortionactivist.

The State of Our Democracy With Anthony Romero Jul 07, 2022

It’s a precarious time for American democracy. This year, the Supreme Court term resulted in a number of concerning opinions that rollback civil rights and civil liberties across many facets of American life, most notably the decision in the Dobbs case that overturned the constitutional right to an abortion. At the same time, the congressional hearings around the violent attack on the capitol on January 6, 2021, have revealed a dangerous and unabashed attempt to subvert our electoral system. When people don’t have trust in their government or its institutions, when our electoral system is riddled with fractures, it can be hard to mount meaningful change. One of our most powerful mechanisms of change is voting. So... we’re at an impasse, and we’re going to acknowledge that today and explore ways to surmount the challenges ahead of us. Joining us to discuss is the ACLU’s Executive Director, Anthony Romero. Anthony has been at the helm of the organization since 2001 and has seen our work through a number of inflection points. He knows, better than most, that progress is possible, even after major setbacks. RSVP to the ACLU’s Abortion Activist Training: www.ACLU.org/abortionactivist To donate to support our fight against the attack on reproductive autonomy and all the attacks that follow, please visit: https://www.aclu.org/keepfighting To get involved in our people power effort to protect abortion access, please visit: https://aclu.org/abortion-pledge

Living Without Roe: How Can I Help? Jun 30, 2022

On Friday, June 24th, the Supreme Court overturned Roe v. Wade and with it, the constitutional right to an abortion. In the immediate, we spoke with our legal experts Louise Melling, Jen Dalven and Ria Tabacco Mar, about the opinion and the legal concerns ahead. Check out that episode. It’s called Post Roe: The Supreme Court Won’t Stop at Abortion, and it’s worth a listen if you missed it. But today, we are doing something a little different. We are talking with Jessica Arons, senior policy counsel for the ACLU, about all the different avenues we, as individuals, can explore when trying to plug in and do something to help. We know it’s confusing. There’s a lot of information out there. It’s also so easy to feel dejected and disempowered. It’s understandable to feel like our efforts won’t matter when there is so much we are up against, but we need you in this fight. So today we’re going to walk through the different avenues you can use to fight back whether that’s through voting, donating, volunteering, or just talking with your loved ones. You’re going to want to share this episode with your people. RSVP to the ACLU's Abortion Activist Training: www.ACLU.org/abortionactivist Other organizations mentioned in this episode: https://keepourclinics.org/ https://www.ifwhenhow.org/ More resources listed here: https://docs.google.com/document/d/e/2PACX-1vRqbxh96ynlqdYUInUZB5GWrE2GIcW3FEXdtxO_n2BXMAd2HOkNssn3aP77zSXBN43TIJ3Xab2ih9vE/pub?s=04&fbclid=IwAR0OJetoWqvi9lKb-N-OYEuACRuCCOC7WpCZVyIo-Sv47mHVlHB5R9VcSbk

Post Roe: The Supreme Court Won’t Stop at Abortion Jun 24, 2022

In a landmark decision in the case of Dobbs v. Jackson Women’s Health Organization, the Supreme Court has voted to overturn both Roe v. Wade and Planned Parenthood v. Casey, eliminating a 50-year precedent and the constitutional right to an abortion. We expect half of the states across the country to ban abortion either immediately or in the coming days, weeks or months. Pregnant people in these states will now be forced to carry their pregnancies to term. This decision was expected in some ways, a draft opinion for the case was leaked in May, revealing the intent to overturn the right to access an abortion in the U.S. but I’m not sure anything could truly prepare us for the reality we are now facing. So much is at stake. Joining us to help us break down the decision and discuss what we all can do in response are Jen Dalven, Director of the ACLU's Reproductive Freedom Project, Ria Tabacco Mar, Director of the ACLU’s Women’s Rights Project, and Louise Melling, Deputy Legal Director and Director of Ruth Bader Ginsburg Center for Liberty at the ACLU. To donate to support our fight against this attack on reproductive autonomy and all the attacks that follow, please visit aclu.org/keepfighting. To join our new abortion activist training RSVP at aclu.org/AbortionActivist.

The Overcriminalization of America Jun 23, 2022

Over the last few weeks, a surge of texts and phone calls have gone out from local politicians. Most of them focus on one issue: crime. Worried about the rising crime? Want to keep you and your family safe? Vote for me. I'll make sure to fund the police and get the riffraff off our streets, direct quote. Crime is being used as a wedge issue this midterm season, and candidates are stoking fears in hopes to mount a meaningful backlash to recent progress in both policing and criminal legal reform. At the same time, state and national leaders are hard at work seeking to criminalize access to healthcare for trans and pregnant folks. This interest in criminalizing new behaviors while holding the line on age old crime and punishment tactics is a worrying trend. Joining us today to discuss is Somil Trivedi, senior staff attorney for the ACLU’s Criminal Law Reform Project. Loyal listeners of At Liberty will remember Somil from his time guest hosting earlier this year.

What Does Abortion Care Look Like Post-Roe? Look to Texas. Jun 16, 2022

This week, we are bringing you an important conversation about the state of abortion care in Texas. In September, Texas passed SB8, a bill that banned abortions at 6 weeks of pregnancy and deputized private citizens to enforce the ban. Since then, it’s been an “all hands on deck” operation to provide care to those in Texas still eligible in-state, while also helping shuffle others to states still with broader access. We can look to Texas to see some of what a world post-Roe v. Wade could look like for many other states. To that end, we’re enlisting Cecile Richards, former President of Planned Parenthood and native Texan to speak to folks on the ground in Texas, those mobilizing and creating systems that we can all learn from as we all seek to navigate abortion access in a new legal climate. Joining Cecile we have Anna Rupani, the Executive Director of a Texas abortion fund called Fund Texas Choice, Dr, Bhavik Kumar, an abortion provider in the state, and Reverend Dr. Daniel Kanter, Senior minister of First Unitarian Church of Dallas.

How Dismantling Roe Puts Interracial Marriage at Risk Jun 09, 2022

June 12th, 2022 marks the 55th anniversary of the landmark case Loving v. Virginia which made interracial marriage legal across the United States. We also know this day as Loving Day. This year, Loving Day has a bit of a weightier feel to it. In the recent Supreme Court leaked draft opinion on the Dobbs case, the legal reasoning that Justice Alito used to overturn Roe could be applied to undo Loving v. Virginia, signaling a new threat to interracial marriage as we know it. To those who say Loving v. Virginia will never be overturned, be cautious and vigilant. The United States has a long history of criminalizing, surveilling, and controlling Black and brown families and the mixing of races. We must both celebrate and honor our right to marry whomever we want and work to ensure its protection in the future. Today we’re celebrating Loving and discussing its connectivity to the broader attacks on our ability to build our families how we see fit. We’re joined by Dr. Michele Goodwin, a constitutional law scholar at the University of California, Irvine School of Law where she started and runs the Center for Biotechnology and Global Health Policy. She’s the host of On the Issues, a podcast by Ms. Magazine. Michele is also an ACLU Executive Committee member.

Alok Vaid-Menon Wants You to Reimagine Gender Jun 02, 2022

This year brings an unprecedented surge of anti-trans legislation banning everything from sports participation to healthcare access. So far, we’re tracking roughly 280 state bills that have been filed ahead of or during this legislative session. At the same time, the Supreme Court is on the precipice of delivering a final decision that will likely overturn Roe v. Wade, blocking people who can get pregnant from abortion care. These attacks are actually all part of the same movement, a movement against bodily autonomy and our ability to live freely no matter our model or make, a movement to re-entrench gender hierarchy and binary thinking. To that end, we’re bringing you a conversation with Alok Vaid-Menon, a nonbinary writer, performer, public speaker, activist and artist exploring the themes of trauma, belonging, and the human condition. They are the author of Femme in Public, Beyond the Gender Binary, and Your Wound/My Garden. Alok has done a lot of work to interrogate their history, our collective history, and to probe beneath the surface of what we’ve come to accept as the norm. They challenge us all to use our imagination to re-wire what we believe is possible for ourselves and society around us. This is a really special conversation and our team, quite honestly, all felt gob-smacked by Alok’s perspective. We let this conversation run long because we wanted you all to experience it and take it in as we did. To donate to support our fight against the attack on reproductive autonomy and all the attacks that follow, please visit: https://www.aclu.org/keepfighting To get involved in our people power effort to protect abortion access, please visit: https://aclu.org/abortion-pledge

Southern Abortion Activists Share Their Playbook May 26, 2022

Supreme Court decision season is upon us, and with that, we wait for the final opinion in the Mississippi abortion ban case that could overturn Roe v. Wade. The idea of living in a post-Roe world is terrifying, the impacts will be broad and almost everyone will feel them in one way or another. This is the truth that activists and organizers on the ground in states like Mississippi, Florida, and Texas know all too well. They’ve been warding off anti-abortion attacks for decades, all while mounting a resistance focused on community conversation and education. They are, in many ways, the leaders of the reproductive rights movement. Amidst all the reasons to quit, they continue to fight -- individual action turns into collective action turns into political action. We can learn a lot from activists and organizers like Tyler, Crishelle, and Vienna, which is exactly why we are having them join us today. We’ll discuss how they have weathered the hardest of times on the ground in their own communities and highlight their work as a playbook for us all moving forward. To donate to support our fight against the attack on reproductive autonomy and all the attacks that follow, please visit: https://www.aclu.org/keepfighting To get involved in our people power effort to protect abortion access, please visit: https://aclu.org/abortion-pledge

The Impact of Intergenerational Immigrant Trauma May 19, 2022

May marks Asian American Pacific Islander Heritage Month and Mental Health Awareness Month. To mark the importance of this month and how it intersects our work at the ACLU, we are bringing you this conversation with Malaysian American award-winning writer and audio producer, Stephanie Foo. Stephanie is the author of the new book, What My Bones Know, a memoir about intergenerational trauma and complex post-traumatic stress disorder, or c-PTSD. In the book, Stephanie details her path of healing from the physical and emotional abuse she endured from both of her parents and explores the kind of trauma that she says had a widespread impact on her immigrant community growing up. She joins us to discuss how learning her ancestors’ history and the history of her community helped her reconcile her individual struggles.

The Casualties of Overturning Roe May 12, 2022

Last week, the draft opinion for the decision in Dobbs v. Jackson Women’s Health Organization was leaked. Justice Alito wrote the draft opinion overturning Roe v. Wade and Planned Parenthood v. Casey. Everything about what has happened is remarkable: the leak, the decision, and the reasoning. The repercussions for what it means for people who can get pregnant are dire, and if that wasn’t enough, the repercussions may extend far beyond. Last week, we focused our conversation on what the draft opinion would mean for reproductive access. Today, we’re going to focus on the second tier of impact: what this precedent could mean for other civil rights and civil liberties and what this means for the institution of the court itself. For this episode, we’re bringing in our resident constitutional expert, David Cole. David is the national legal director of the ACLU and has argued a variety of cases before the Supreme Court himself. To donate to support our fight against the attack on reproductive autonomy and all the attacks that follow, please visit: https://www.aclu.org/keepfighting To get involved in our people power effort to protect abortion access, please visit: https://aclu.org/abortion-pledge

Ask an Expert: What are My Speech Rights At School? May 10, 2022

This is “Ask an Expert,” a special mini-series where our constitutional experts answer your civil rights and civil liberties questions. For our first edition, we are diving deep into Free Speech, and talking to expert Ben Wizner, the Director of the ACLU’s Speech, Privacy, and Technology project. We have been sourcing free speech questions from you over email, social media, and our phone line. We’ve sorted through the questions and categorized them into a few episodes. So far, we've found our free speech footing and also logged in to how speech plays out online. For our final episode, Ben is back to educate us on the speech that happens on school grounds, education and book bans, student speech and more.

Special Edition: Strategies for the End of Roe May 03, 2022

On Monday night, the news publication Politico leaked a draft of a majority Supreme Court opinion written by Justice Alito. The draft details the highly anticipated decision in the case of Dobbs v. Jackson Women’s Health Organization, known to the public as the case that could overturn Roe v. Wade. Supreme Court decisions typically don’t come out until June, but this leaked draft, confirmed by Justice Alito himself, has sent early shockwaves across the country. In the draft majority opinion, Justice Alito writes that both Roe v. Wade and Planned Parenthood v. Casey, decisions that have been on the books for up to 50 years, are overturned, making access to abortion no longer a legally protected right. Should this draft hold, this decision would turn back the clock on progress for people who can get pregnant and call into question much more than access to abortion. Joining us to help us understand is Brigitte Amiri, the Deputy Director of the ACLU’s Reproductive Freedom Project. We have a long fight ahead of us—but the ACLU was made for moments like this. To donate to support our fight against this attack on reproductive autonomy and all the attacks that follow, please visit aclu.org/keepfighting. Thank you for stepping up and working together with us.

Ask an Expert: Is My Tweet Protected Speech? May 03, 2022

This is “Ask an Expert,” a special mini-series where our constitutional experts answer your civil rights and civil liberties questions. For this edition, we are diving into free speech and talking to expert Ben Wizner, the Director of the ACLU’s Speech, Privacy and Technology project. Last week for our first episode, we established our free speech footing, defining exactly what free speech is and isn't. This week, Ben is back to break down free speech as it exists online and on social media in 140 characters or less, just kidding. Social media has undoubtedly presented new free speech challenges to consider, and consider them we will. We have been sourcing free speech questions from you over email, social media and our phone line. We've sorted through the questions and we're ready to dive right in.

Pain Relief Is a Civil Right Apr 28, 2022

For years now, pain has been the leading cause of disability worldwide, affecting more than 50 million Americans annually. This isn’t the kind of pain you endure when you trip onto the pavement, scab, bruise and heal. It’s the persistent gnawing, aching, throbbing that happens over a long period of time. This is chronic pain. One of the most powerful and effective forms of treatment for pain is the safe use of opioids. Opioids in combination with other therapies have allowed those hindered by pain to live full and vibrant lives, but the stigma around opioid use was exacerbated in 2016 due to guidance from the Centers for Disease Control and Prevention, the CDC, that both seriously discouraged doctors from prescribing these drugs and also over attributed the prescription of them as the cause of addiction and overdose. While opioids are not a one-size fits all pain reliever, the rollback on prescriptions has disproportionately impacted people with disabilities, people of color, women, and incarcerated folks. Kate Nicholson, founder of the National Pain Advocacy Center, believes now is the time to course-correct. Pain relief, in her view, is a civil right. Listener Note: There is still time to submit a question for our “Ask an Expert” podcast series on all things free speech. To submit a question for our final episode on education and book bans, call us and leave us a message at 212-549-2558 or email us at podcast@aclu.org.

Ask an Expert: What Is Free Speech? Apr 26, 2022

This is "Ask an Expert," a special mini-series where our constitutional experts answer YOUR civil rights and civil liberties questions. For our first edition, we are diving deep into Free Speech, and talking to expert Ben Wizner, the Director of the ACLU’s Speech, Privacy, and Technology project. Free Speech is widely considered the bedrock of democracy, but still, many Americans feel both conflicted and confused by what actually constitutes free speech, what we can say, where we can say it, and who can stop us. We have been sourcing free speech questions from you over email, social media, and our phone line. We’ve sorted through the questions and categorized them into a few episodes. On today's episode, we’re getting back to the basics with Free Speech 101 addressing hate speech, misinformation, government regulation of corporate speech, cancel culture, and why we defend free speech.

Black Lives Matter DC v. Trump Apr 21, 2022

On June 1, 2020, Black Lives Matter protesters gathered in Lafayette Square Park near the White House to protest against police brutality and the police killing of George Floyd and Breonna Taylor. In a violation of civil rights and what the New York Times named “one of the defining moments of the Trump presidency,” then President Trump and his administration called upon law enforcement to use force and violence to remove protesters from the area, without warning. A short while later, President Trump walked across the street to a nearby church St Johns for a photo opp. Protesters were hurt, media personnel were attacked, and church volunteers and clergy were pushed off the patio of St. Johns and tear gassed. In response, the ACLU of DC filed to sue President Trump, Attorney General Barr, Secretary of Defense Esper, the D.C. Metropolitan Police department and numerous other federal officials on behalf of Black Lives Matter D.C. and other plaintiffs affected. And while what happened on June 1st shocked many of us, for civil rights activists it was a very familiar story, something to add to a long list of similar incidents. Freedom of speech and assembly are important tools in the fight for civil rights, but these rights, when exercised by Black Americans, are frequently met with violent pushback from authorities. Today, we are looking back on this event in light of the ACLU of DC’s case against federal officials and in light of the Biden administration’s new policy changes meant to ensure that this never happens again. Case Update: https://www.acludc.org/en/press-releases/civil-rights-groups-push-appeal-hold-federal-officials-financially-accountable-attack Listener Note: We’re launching a three-week “Ask an Expert” podcast series about all things free speech: online censorship and deplatforming, campus speech and cancel culture and education and book bans. So here’s where you come in. We want to answer your questions! What does the law say about social media companies deplatforming users? Does our constitution support cancel culture? If you have a question you’d like us to answer, call us and leave us a message at 212-549-2558 or email us at podcast@aclu.org.

Kimberlé Crenshaw on Anti-Racism Education Bans Apr 14, 2022

Lawmakers, parents, think tanks, and conservative pundits have waged a war over how to teach students about systemic racism. As a result, school board members have been ousted, and some educators have resigned over the death threats, social media bullying, and harassment they’ve received from those who are adamant that teaching a more inclusive history harms students. These activists and lawmakers have centered much of their anger on a framework called Critical Race Theory. Though they’ve used it as a catchall for wokeness, political correctness, and leftist indoctrination, the term actually refers to a body of legal scholarship from the 70s and 80s that says racism is not just a result of individual prejudice, but something embedded in the legal system and in government policy. Kimberlé Crenshaw was among the scholars who developed the theory. She also coined the term “intersectionality,” a framework that takes into account how a person’s identities combine to create unique forms of discrimination or privilege. She is a Distinguished Professor of law at Columbia University and at UCLA, co-founder of the African American Policy Forum at Columbia, and host of the podcast “Intersectionality Matters.” Listener Note: We’re launching a three-week “Ask an Expert” podcast series about all things free speech: online censorship and deplatforming, campus speech and cancel culture and education and book bans. So here’s where you come in. We want to answer your questions! What does the law say about social media companies deplatforming users? Does our constitution support cancel culture? If you have a question you’d like us to answer, call us and leave us a message at 212-549-2558 or email us at podcast@aclu.org.

“Sexual Justice” Doesn’t Have to Mean Criminal Justice Apr 07, 2022

April marks Sexual Assault Awareness Month and with that, we are bringing you a conversation today about Title IX. One of the protections against sexual assault within our education system and in our workplaces. In May of 2020, then Secretary of Education Betsy DeVos gutted Title IX protections for schools, particularly as they pertained to sexual assault adjudication, giving schools the leeway to evade accountability procedures and disempower victims. This action was fueled by conservative backlash and men’s rights groups who consistently claim that there is lack of “due process” when it comes to allegations of sexual assault. But is that really true? Or do we have a public misconception of due process? What does it mean for universities and employers to employ systems that are both fair and restorative? Alexandra Brodsky, Staff Attorney at Public Justice, asks these questions and offers up meaningful answers in her new book Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash. Alexandra believes there is a system available to us all that empowers survivors and values due process, a process outside of the criminal legal system that can provide both accountability and reduce harm. She joins us today to break it all down. Listener Note: We’re launching a three-week “Ask an Expert” podcast series about all things free speech: online censorship and deplatforming, campus speech and cancel culture and education and book bans. So here’s where you come in. We want to answer your questions! What does the law say about social media companies deplatforming users? Does our constitution support cancel culture? If you have a question you’d like us to answer, call us and leave us a message at 212-549-2558 or email us at podcast@aclu.org.

Affirmative Action Is the Floor, Not the Ceiling Mar 31, 2022

For over half a century, Affirmative Action has woven its way into the fabric of our society through nondiscrimination policies and initiatives aimed at establishing equal opportunity for women, people of color, and other minorities across schools and the workplace. Over the years, courts and colleges have repeatedly clashed over the role of race in admissions policies. The Supreme Court has repeatedly upheld Affirmative Action programs - most recently in 2016, and this year, the Supreme Court has agreed to hear two cases on the question of whether race-conscious admissions programs are lawful. And with a conservative majority on the bench, there is a real risk that Affirmative Action will be found unconstitutional. Joining us today is Amber Hikes, the ACLU’s Chief Equity and Inclusion Officer, to talk about the potential impact of this decision on culture and practice, the importance of moving beyond “checking boxes," and how they’ve developed and lived these values in their own life. Listener Note: We’re launching a three-week “Ask an Expert” podcast series about all things free speech: online censorship and deplatforming, campus speech and cancel culture and education and book bans. So here’s where you come in. We want to answer your questions! What does the law say about social media companies deplatforming users? Does our constitution support cancel culture? If you have a question you’d like us to answer, call us and leave us a message at 212-549-2558 or email us at podcast@aclu.org.

Refugees of Color Matter Too Mar 24, 2022

This week, we’ll be talking about something that’s on everyone’s mind: Ukraine. After weeks of building forces on the border, Russian President Vladimir Putin ordered a full-scale invasion of Ukraine on February 24, 2022. Since then, the UN has reported that nearly 700 civilians in Ukraine have lost their lives - although the true figures are likely much higher. Over 3 million refugees have fled the country, while more than 2 million Ukrainians have been internally displaced from their homes. There has been an incredible outpouring of support for Ukrainian refugees, with many European countries opening up their borders and setting up systems to process the large influx of refugees. And the Biden administration recently granted Temporary Protected Status (or TPS) against the deportation of Ukrainians living in the United States. At the same time, many immigrants’ rights advocates and organizers have pointed out that these same protections and supports have NOT been extended to refugees and asylum-seekers from other majority-Black and Brown countries ,like Cameroon, Ethiopia, and up until very recently, Afghanistan. This contrast has been a startling reflection of the anti-Black racism and white supremacy embedded in our systems. There is no question that Ukrainian refugees must be given access to the protections and support that they need. And, those same protections and supports must be provided to all migrants - to all people who are fleeing dangerous conditions - regardless of their race, their religion, their language, or their nationality. Joining us today to talk about these disparities, how they came to be, and their impact is Omar Jadwat, Director of the ACLU Immigrants’ Rights Project. Along with Omar, we are delighted to be joined by Daniel Tse who founded the Cameroon Advocacy Network and who works for the Haitian Bridge Alliance, and leads the Black Immigrants Bail Fund. Daniel also has firsthand experience with the asylum system - having come to the United States from Cameroon as a refugee, and having spent one year in ICE detention before finally gaining asylum.

"Protecting Women and Children" Is a Shield for Transphobia Mar 17, 2022

This week, we’re bringing you a conversation about the recent surge of anti-trans bills that have been levied in state legislatures. 2020 saw 79 different anti-trans state bills dealing with everything from education to athletics, and healthcare to bathroom access. In 2021, that count nearly doubled, with 147 proposals aimed at trans people, and especially trans kids. And this year, in 2022, we’re tracking roughly 280 bills that have been filed ahead of or during this legislative session. Now, let’s be clear: Transphobia is not new, and neither is the rhetoric that fuels it. Anti-trans legislation has often been framed as necessary for the safety and protection of “women and girls” - and in particular, white women and girls. This weaponization of white womanhood and femininity has deep roots in this country’s history, and is prompting unprecedented consequences for the trans community. Joining us to share the history behind this crisis and what we can do about it, is Nikita Shepard, who studies and works at Columbia University. Their work explores histories of LGBTQ+ communities, gender and sexuality, and racial and social movements in the United States and beyond.

Jon Batiste on Social Music, Family, and Freedom Mar 10, 2022

Today we’re speaking with music legend Jon Batiste. He’s an Oscar-winning composer, pianist, bandleader and singer who is going into the 2022 Grammy Awards with 11 nominations – the most of any artist this year. You may have seen him on “The Late Show With Stephen Colbert” where he’s been the music director and bandleader since 2015. You may have heard him on the soundtrack of the Pixar-animated film “Soul” where he performed and composed the jazz portion of the score. Or you may have experienced his live performances in the streets of New York City with his band Stay Human during the pandemic lockdown, the protests of 2020, or during one of his “love riots” – a spontaneous show in the streets where the musicians stand among the crowd and exchange in the energy of the music and the moment. We’ll talk to him about his New Orleans roots, his most recent album “We Are,” and his commitment to creating music that celebrates his culture and aims to unite us all.

The Politics of Pleasure Mar 03, 2022

For some of us, simply living in our bodies is a daily act against oppression, against marginalization, criminalization and hate. This work is exhausting…most justice work is. That’s why finding what brings us joy is so central to both our individual and our collective liberation. While seemingly simple, when put in practice, pleasure can be revolutionary. This is the idea that Adrienne Maree Brown puts forth in her book, “Pleasure Activism: The Politics of Feeling Good.” Taking inspiration from Black feminist writers like Audre Lorde and Octavia Butler, the author, activist and doula demonstrates how we can tap into our desire to organize against oppression. Adrienne’s work is a gift for so many who don’t feel that pleasure is an accessible reality including: women, people of color, trans and non binary folks, queer folks, disabled folks, and survivors of sexual violence. Adrienne joins us today to share why finding pleasure should be centered in our justice work.

Imani Perry Thinks You’re Wrong About the South Feb 24, 2022

Our guest today is Imani Perry. Her latest book is “South to America: A Journey Below the Mason Dixon to Understand the Soul of a Nation.” In it she writes that understanding this country starts with the South. Imani challenges the idea of the South as a backward place, a repository for the U.S.’s shame over slavery, white supremacy, and poverty. To cast away the South, she writes, only props up a heroic self-mythology of the U.S. that fogs up the mirror of history. Imani is based at the department for African American studies at Princeton University as an interdisciplinary scholar of law, literary and cultural studies. In addition to South to America, her books include “Breathe: A Letter to My Sons,” “Looking for Lorraine: The Radiant and Radical Life of Lorraine Hansberry” and other titles. She was born in Birmingham, Alabama and while she’s lived much of her life elsewhere, she still considers Birmingham home.

Black Women Take the Supreme Court Feb 17, 2022

Just weeks ago, Justice Steven Breyer announced his retirement from the Supreme Court, opening the door for President Biden to nominate a new judge to the bench. Keeping his campaign promise, Biden confirmed that he will be nominating a Black woman to replace Breyer, a historic move for a field that has not always welcomed Black women with open arms. Joining us to discuss the impact of this future nomination is Ria Tabacco Mar, Director of the ACLU’s Women’s Rights Project and one of At Liberty’s most frequent guests. Ria leads the project that was founded and led by Justice Ruth Bader Ginsburg. It should be noted before we begin this conversation that as a matter of policy, the ACLU does not endorse or oppose particular candidates for the Supreme Court, except in extraordinary circumstances.

The Insidious Practice of Racial Gerrymandering Feb 10, 2022

It’s election season again and, in America, sadly, that means it is voter suppression season. Starting in 2020, 49 states proposed over 440 bills to make it harder for Americans to vote, and many of them have passed. In 2021, state lawmakers started using the newly released census data to draw state maps that lock up their political power – often at the expense of communities of color. And now in 2022, these tactics are almost certain to impact the midterm elections for Congress, as well as local and state elections nationwide. Federal legislation that would have addressed these tactics and reversed some of the Supreme Court’s gut punches to the Voting Rights Act has stalled. And Republican lawmakers in at least eight states are trying to strip away power from secretaries of state, governors, and nonpartisan election boards over how elections are run and counted–effectively giving political operatives the power to cancel your vote. My guest today, lawyer Janai Nelson, has spent her career battling these issues. At the NAACP Legal Defense and Educational Fund, where she currently serves as Associate Director-Counsel and will soon take over as president and Director-Counsel, she has overseen court challenges to racial and partisan gerrymandering, to overturn harsh voter ID laws, and to re-enfranchise folks who have lost their right to vote because of felony convictions. As a professor of law at St. John’s University School of Law, she has also taught classes on election law and political participation and has written extensively on the dismantling of the Votings Rights Act at the expense of communities of color. We’re catching Janai at a heady time, just as she is ascending to the helm of one of the nation’s foremost civil rights organizations, and just as those rights face threats we haven’t seen in decades, if not centuries. She joins us today to talk about all this and more.

The Movement to Erase Black History and Culture Feb 03, 2022

February marks Black History Month, a time to recognize the significant achievements and culture of Black Americans–from bell hooks to Beyonce–and also to honor an accurate history about them, a history that we know is rife with discrimination and abuse -- think: slavery, Jim Crow, and the structural racism we’re still infected with today. Sadly, more and more, this history is being challenged and even erased in our culture and, right now, in our schools, through tactics like curriculum restrictions and book bans. Truths we once considered hard but self-evident are now being erased before our eyes. Over 30 state legislatures across the country have introduced bills to limit the discussion of racial history in a wave prompted by the emergence of critical race theory as a subject of political fear-mongering. But that’s just the beginning:, over 300 books by predominantly Black authors discussing race, gender, and sexuality, were also banned in the last year alone. Yes, you heard me right. We’re banning books again. When your history is banned, how do you learn about your ancestors? How do we learn from what’s happened in the past and how it affects our present? When your culture is banned, how do you see yourself? How do you belong? How do you celebrate the stories, music, food, and family that made you? At the ACLU, we believe that the first amendment is so fundamental because it should stop this kind of erasure in its tracks. That’s why we’re meeting this surge of censorship with new litigation and fierce advocacy. Joining us today to share more is Emerson Sykes, a senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project and longtime listeners will remember Emerson as one of At Liberty’s former hosts.

Why Is America so Keen on Separating Families? Jan 27, 2022

This week we’re going to talk about families, and a uniquely American hypocrisy surrounding them. On the one hand, politicians are always talking about supporting strong, nuclear families, and in some ways, we do. We give tax breaks to people who get married and have children. Kids eat free at Denny’s on Tuesdays. Yet, also in America, government officials at the federal, state, and local levels are tearing families apart by the thousands under the cover of our laws. For example, in the Trump administration, the Department of Homeland Security forcibly separated more than 5,000 migrant parents from their children – some as young as 4 months old – under Trump’s “zero tolerance” border policy. To this day, a thousand children and maybe more are yet to be reunited with their families. They remain stranded and alone. Candidate Joe Biden had called the policy “criminal. But in December the Justice Department walked away from settlement talks with lawyers representing those families. And immigration enforcement isn’t the only way we destroy families. The criminal justice system and the child welfare system do it too, in astonishing numbers, and usually to the most vulnerable among us. To discuss this double-standard–propping up some families while destroying others–the and the continued trauma and ongoing battle of separated families is Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, who has steered the border separation litigation from the beginning. Joining him is Shanta Trivedi, assistant professor at the University of Baltimore Law School and faculty director of the Meyerhoff Center for Families, Children, and the Courts – a foremost expert on the law around family trauma.

Will This Be Roe’s Last Anniversary? Jan 20, 2022

Content warning: This conversation mentions sexual abuse. January 22nd, marks the 49th anniversary of Roe v. Wade, the landmark Supreme Court case granting the right to an abortion "without excessive government restriction.” Year after year, Roe has weathered legal attacks, but this year, due to the conservative majority on the bench, the threat to Roe v. Wade is at an all-time high. A case heard by the Supreme Court on December 1st addressing a Mississippi abortion law posed a direct challenge to the precedent set by Roe. The decision will come out in June, but scholars who listened to the arguments are deeply concerned that this could be Roe’s last anniversary. Back in 1973, Roe was an important step towards granting reproductive autonomy to people who could get pregnant. However, Roe itself, was never enough to address the long history of government surveillance over the bodies of the most marginalized. In her book, Policing the Womb: Invisible Women and the Criminalization of Motherhood, law scholar, Michele Goodwin, examines “the reproductive health and rights debate and explores how legislators increasingly turn to criminalizing women”, predominantly black women, for both proceeding with a pregnancy or for ending one. Today, Michele Goodwin, professor of law at the University of California, Irvine, the founding director of the U.C.I. Law Center for Biotechnology and Global Health Policy and its Reproductive Justice Initiative, and one of the ACLU’s very own Executive Committee Members joins us to discuss the lived experience of reproductive control and Roe v. Wade’s impact.

How to Win an Election From Jail Jan 13, 2022

Joel Castón was incarcerated when he was 18 years old. He’s now 45 and in November of last year, just two months ago, Joel was released after serving over 26 years. While incarcerated, he received a degree through the Georgetown Prison Scholars Program and started a mentorship initiative called Young Men Emerging. And, because D.C. changed the law to allow incarcerated people to vote, he ran for office, and he won: he is now an Advisory Neighborhood Commissioner in Washington D.C. representing the 7th Ward including the jail that he just walked out of. He’s the first incarcerated person in D.C. history to win elected office. Joel joins us today to talk about his experience, what he’s focusing on as a newly elected commissioner in D.C., and how he’s changing the public narrative about incarcerated people.

LaTosha Brown is Fighting for Voting Rights Ahead of the Midterms Jan 06, 2022

Today, we’re checking in with LaTosha Brown, Co-founder of the Black Voters Matter Fund and the Black Voters Capacity Building Institute. We first spoke to LaTosha a year ago after her work in expanding voting access in Georgia proved so successful. But that was then, and this is now. Challenges abound this year, likely as a direct reaction to her work. New restrictions making it harder to vote, so-called election reforms, and redistricting will have a direct impact on the 2022 midterms. It’s why we are so focused at the ACLU on expanding and protecting access to the ballot and stopping restrictions in their tracks. LaTosha Brown joins us to discuss.

ACLU Staffers Share Their Favorite Holiday Recipes Dec 23, 2021

For our 2021 holiday special, we are taking you through the holiday food traditions of ACLU staffers and their families. Food is often the glue holding families and cultural identity together. We wanted to celebrate that and share it with you. Listener note: you may find yourself unusually hungry during this episode. We recommend you have something tasty on hand. We are joined by ACLU staffers Blanca Gamez, our Deputy Organizing Director, Zara Haq, a Senior Campaign Strategist, and Rotimi Adeoye, one of our Communications Strategists.

An Update on Our Biggest Stories of 2021 Dec 16, 2021

On the podcast, we’ve chronicled some of the year’s biggest stories: the insurrection, the rescinding of the Muslim ban, devastating police brutality, state after state attacks on the rights of trans kids, the abusive system of conservatorships, and the rollback of abortion access, just to name a few. Today we’re going to follow up with guests on some of this year’s most popular episodes to see what progress there’s been since we last spoke, and where there is still work to be done. Zoe Brennan-Krohn of the ACLU's Disability Rights Program, Haya Bitar of the podcast team, and Somil Trivedi of the ACLU's Criminal Law Reform Project join us.

The Case for Optimism: 2021 Legal Wins at the ACLU Dec 09, 2021

As we near the end of the year, we are bringing you an episode of reflection. A lot has happened in the world, in our country, and in our work at the ACLU. We all felt the high stakes of last week's oral arguments at the Supreme Court on abortion. And while that has left us with concern, there is still so much to celebrate this year from our work across the organization. We’ve made meaningful strides fighting for better COVID policy, criminal legal reform, immigration reform, free speech, disability rights, and voting rights. So today we are regrouping with the ACLU’s National Legal Director, David Cole, to talk through where we can find hope this year and also where we can continue to press forward.

Supreme Court Hears Mississippi Abortion Case That Could Overturn Roe Dec 02, 2021

On Wednesday, the Supreme Court heard oral arguments in a Mississippi abortion case, Dobbs v. Jackson Women's Health Organization that challenges a nearly 49-year-old precedent protecting a pregnant person's right to an abortion established in the landmark case Roe v. Wade. The law in question is a Mississippi law that prohibits nearly all abortions after 15 weeks of pregnancy, violating the 1992 precedent set in Planned Parenthood v. Casey, where the ruling said that a state may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability. This law, in this case, is the latest in a long line of repeated attacks on reproductive freedom we've seen this fall. Jennifer Delvin, director of the ACLU's Reproductive Freedom Project, joins us to discuss what we heard in the oral arguments and what we can do moving forward.

Glennon Doyle on Having Hard Holiday Conversations Nov 23, 2021

This week, we are stepping back in time and re-visiting our conversation with author and activist, Glennon Doyle. In this conversation, Glennon talks about how to bring our loved ones into understanding of equity and justice through the use of storytelling, imagination, and conversation. On this podcast, we learn a lot about history, about civil rights issues, and about how we can use the law to move the needle. Today, we are going to spend time talking about how we can best share that knowledge with others. It’s an episode fit for such a time as this and we hope you enjoy.

My True Crime Obsession Nov 18, 2021

I’m Paige Fernandez, the ACLU’s Policing Policy Advocate and I’m so excited to be taking the At Liberty reins for the next month. I have a confession to make: I have had a true crime obsession most of my life. My job at the ACLU and my organizing work and personal beliefs may make this surprising. I spend my time working to help communities divest from their local police forces and I talk openly about how abolition, to me, feels like the best solution to ending our carceral punishment system and police violence. These two interests feel at odds with each other, but I can’t quite figure out what it is about true crime media that has me so hooked. It’s made me wonder what its popularity has on the American psyche, particularly as it relates to our views on the criminal legal system and policing. That’s why I’m so thrilled to have Kelli Boling joining us today. Kelli is an Assistant Professor of Advertising and Public Relations in the College of Journalism and Mass Communications at the University of Nebraska-Lincoln. After 12 years as a marketing and advertising executive in North and South Carolina, Boling received her Ph.D. at the University of South Carolina in Mass Communication. Her research focuses on the audience reception of media, specifically media depiction and reception by traditionally marginalized audiences based on race and gender.

Judy Heumann on Disability Discrimination and The Fight For Rights Nov 11, 2021

Today we are running a conversation between Amber Hikes, the ACLU’s Director of Diversity, Equity, and Inclusion, and disability rights icon Judy Heumann on CVS v. Doe, a case that the Supreme Court was set to hear on Dec 8. The case threatened to attack the very foundation of disability rights laws, specifically by threatening Section 504 of the Rehabilitation Act. If CVS had pursued the case and won, people with disabilities would no longer have the ability to sue for discrimination that is based on ignorance as opposed to animus, or actual intent to harm. In this conversation, Judy discusses the disability rights laws we’ve fought for and won and explains why disability discrimination is consistently questioned by both the general public and the courts. Yesterday CVS reached a settlement likely thanks to the pressure of disability advocates over the past few weeks. Though this case will no longer be heard by the Court, we’re running this conversation, recorded late last week, because the argument that CVS presented has been seen in copycat arguments in different cases across the country. This issue is likely to get to the Supreme Court in some form soon. For more information on these kinds of cases, follow the ACLU across social and subscribe to our email list. We’ll keep you updated.

Can the Government Wrongfully Spy on You and Get Away With It? Nov 04, 2021

This week, we are bringing you a story about an upcoming Supreme Court case: FBI v. Fazaga, set to be argued on November 8th. This case will have big implications on the ability for private citizens who have been wrongfully surveilled by the U.S. government to seek redress for the infringement on their personal privacy and the damages associated. There’s a lot to dig into here, both about the case itself and also about the backdrop of the case, the 20th anniversary of the Patriot Act, an act that made it easier for Muslim Americans to be surveilled after 9/11. Joining us on this episode are Sheikh Yassir Fazaga, our client in the case, and Patrick Toomey, Senior Staff Attorney at the ACLU’s National Security Project.

Special Edition: Texas Abortion Ban at the Supreme Court Nov 02, 2021

On Monday, the Supreme Court heard oral arguments in two cases challenging Texas’ ban on abortion after six weeks of pregnancy known as SB 8 -- one case brought by the ACLU and our partner organizations on behalf of abortion providers, Whole Women’s Health v. Jackson, and a separate case brought by the Department of Justice, United States v. Texas. The rulings will determine whether or not abortion providers and the Department of Justice are entitled to challenge SB 8 as the law was written purposefully to skirt federal judicial review. Earlier this year, the Supreme Court declined to rule on an emergency request to block SB 8, allowing the ban to take effect on September 1st. Since then, the majority of Texans seeking abortions have been unable to access them in the state. What does this all mean for the future of SB 8 and abortion access in the U.S. at large? That remains to be seen. There are so many unanswered questions. Brigitte Amiri, Deputy Director of the ACLU's Reproductive Freedom Project joins us to help break it all down. Plus, we hear from demonstrators Kenya Martin and MJ Flores rallying right outside of the Supreme Court building. If you’d like to support our right against forced pregnancy, you can donate at www.aclu.org/access. We really appreciate the support.

The Biden Administration's Immigration Double Talk Oct 28, 2021

Last month, horrifying images hit the news: border patrol agents on horses were seen whipping Haitian migrants. This was the latest in a long line of anti-immigrant practices that have emboldened border patrol over the last few years. Some of these practices include the invocation and overuse of Title 42, a policy that closed the borders due to public health concerns and the transmission of COVID, Trump’s “remain in Mexico” policy that forces asylum seekers to wait for their hearings in Mexico, and the vast expansion of privately owned ICE detention facilities. Biden campaigned on fixing the immigration system and his administration has consistently touted their disapproval of Trump-era immigration policies. Even Department of Homeland Security Secretary, Alejandro Mayorkas, has been honest about the state of immigration affairs, calling it a “completely broken system.” But when we look critically at the administration's positive immigration reform, we see that words and actions aren’t lining up. What’s it going to take to move the needle on immigration reform during the Biden era? Have we made any headway since Trump left office? Here to answer these questions and more is Cecillia Wang, Deputy Legal Director here at ACLU and the Director of the ACLU’s Center for Democracy.

Finding Trans Joy Through Sports Oct 21, 2021

More than 100 anti-trans bills have been levied in states across the country this year. These bills range from blocking trans youth from seeking healthcare to banning trans students from participating in school sports. In Texas, lawmakers are getting ready to move forward House Bill 25, the law that will change the landscape of sports for trans people in the state. For Schuyler Bailar, former division one NCAA swimmer, these threats and discrimination are familiar. As the first openly transgender man to compete at his level in college athletics, he’s had to break boundaries both within institutions and within public opinion to be allowed to compete and be seen as a competitor. Those trying to ban trans students from school sports often center the debate on trans women with claims rooted in transphobia — and refuted by scientific experts — that trans women have an unfair advantage. One of the additional consequences of the focus on this argument is that we hear less from athletes who are trans men. This gap in perspective is one of many reasons we are excited to have Schuyler with us.

Glitch in the Code: Black Girls and Algorithmic Justice Oct 14, 2021

Imagine you’ve forgotten once again the difference between a gorilla and a chimpanzee, so you do a quick Google image search of “gorilla.” But instead of finding images of adorable banana-obsessed animals, photos of a Black couple show up. Is this just a glitch in the algorithm? Or, is Google an ad company, not an information company, that’s replicating the discrimination of the world it operates in? How can this discrimination be addressed and who is accountable for it? Our guest today, UCLA professor, MacArthur Fellow, and best-selling author of “Algorithms of Oppression,” Dr. Safiya Noble answers some of these questions. This week's episode comes from the At Liberty archive.

This Fall's Fight Against Forced Pregnancy Oct 07, 2021

2021 is shaping up to be one of the most devastating years for abortion access in decades. State legislatures have enacted a blitz of new anti-abortion legislation. As of September 1st, when Texas’s six-week abortion ban went into effect, abortion has become functionally illegal in the state. The law, which deputizes citizens to sue anyone involved in abortion care, has emboldened other states to introduce copy cat bills, threatening to make it near-impossible to access an abortion in parts of the country. The Supreme Court is gearing up to hear challenges to some of these state laws including a case from Mississippi that directly challenges the 1973 precedent set in Roe v. Wade. Given the court’s conservative super majority, many legal experts are warning that access to abortion may hang on Congressional action. The Women’s Health Protection Act, a bill that could legally enshrine the right to abortion care, passed the House on September 24th but faces a battle in the Senate. To discuss the state of abortion rights and to preview what’s to come this fall, we’re joined by 3 experts leading the legal dialogue: Melissa Murray, constitutional and family law professor at NYU Law and co-host of Strict Scrutiny, Imani Gandy, senior editor at the Rewire News Group and co-host of the podcast Boom! Lawyered, and our very own Alexa Kolbi-Molinas, senior staff attorney at the ACLU’s Reproductive Freedom Project.

Climate Change Is a Racial Justice Issue Sep 30, 2021

Over the last couple of months, climate disasters have erupted around the world. In the US alone, we’ve seen wildfires in the west, tornadoes in the midwest, and hurricanes pummeling the Gulf and East Coasts. The environments we live in have become hostile to our health, our livelihood, and our community. Many have been forced to leave their homes and some will never be able to return. Globally, nearly 24 million people have been displaced due to climate effects since 2008. But this issue, both in the U.S. and around the world, isn’t impacting everyone equally. Black, Brown, and Indigenous people are disproportionately impacted by climate change. This is a racial justice issue, an immigration issue, and an indigenous rights issue. Shamyra Lavigne and Devi Lockwood talk to us to better understand how climate change intersects with other forms of injustice.

Blues Musician Takes On White Supremacy One KKK Member at a Time Sep 23, 2021

As the political divide deepens through disinformation campaigns about the election results, vaccines, 9/11, and more, it can feel like unity and consensus are shrinking on the horizon. And yet, the only way to address the pandemic or the fault lines in our democracy is if we can bridge the divide and find an enclave of common ground. Our guest today has decades of experience finding common ground and, in some cases, persuading people to change their minds about deeply held beliefs. Daryl Davis is a Blues musician by profession, but has devoted a lifetime to reaching out to KKK members and starting a dialogue. Since he began the work, he has persuaded over 200 KKK members to leave the organization. He joins us to discuss how he manages to persuade people to abandon long-held beliefs and how these tactics might help the national crisis of polarization.

Bans on School Mask Mandates Discriminate Against Disabled Kids Sep 16, 2021

As millions of children head back to school, some states have banned mask mandates on school grounds. As of this recording, school districts in eight states cannot require students to wear a mask in school; if they do, many risk losing crucial state funding. This ban ignores national recommendations by the CDC to wear a mask indoors for those who are unvaccinated or in an area of high COVID transmission. For children with disabilities or families with high-risk medical conditions, the ban makes in-person learning perilous. Many children are forced back into remote learning even though studies have shown students -- particularly students of color and those with disabilities -- fall behind when they can’t attend school in person. Excluding these children from in-person learning violates federal law which is why the ACLU’s Disability Rights Project is suing on behalf of groups of parents with vulnerable children in both South Carolina and Iowa. Joining us to talk about the case is Samantha Boevers, one of the parents in the case, and Susan Mizner, the director of the ACLU's Disability Rights Project.

Survivors of the CIA Torture Program Almost 20 Years Later Sep 09, 2021

As we pass the 20-year mark since September 11th, we are following up with the clients and the attorney of one seminal ACLU lawsuit on the CIA’s post-9/11 torture program, a program that ended in 2010 but that continues to haunt its survivors and to stain the U.S.’s international human rights record. The lawsuit Salim v Mitchell was filed in 2015 against James Elmer Mitchell and John “Bruce” Jessen, two psychologists contracted by the CIA to design, implement, and oversee the agency’s post-9/11 torture program. The lawsuit was filed on behalf of three of the program’s victims. All three were kidnapped by the CIA, and then tortured and experimented on according to Mitchell and Jessen’s protocols. One of the men died as a result of his treatment. The other two men continue to endure the effects of their detention. In 2017, the psychologists agreed to a settlement — a first for a case involving CIA torture. We’ll speak with ACLU Staff Attorney Steven Watt about what the litigation achieved and what still needs to happen to help prevent any future use of torture. We’ll also have a chance to listen in on Steven’s own recent conversations with our three clients as they rebuild their lives and navigate the continued effects of the torture program.

How To End the Preschool to Prison Pipeline Sep 02, 2021

Over the coming weeks, kids will be heading back to school – over a million of them to preschool. And while many of these preschoolers will learn about colors, shapes, and the ABC’s, thousands will learn what it’s like to be suspended for the first time. On average 250 preschoolers are suspended each day of the school year. Compared with K through 12 students, preschoolers are suspended at nearly 3 times the frequency of older students. Our guest today has spent decades raising awareness about this trend and its effect on a child’s long-term outcomes. Dr. Rosemarie Allen is an associate professor at the School of Education at Metropolitan State University of Denver where she teaches students about power, privilege, and the education system. She joins us today to discuss the preschool to prison pipeline, the punitive culture in educational spaces, the mental health care of students, and alternative approaches that teach rather than punish.

Jill Lepore on What It Means to be an American Citizen Aug 26, 2021

In this episode, we are diving into the At Liberty archive and returning to a conversation with historian Jill Lepore. We are on the brink of a once-in-a-generation change: Congress is considering a plan to create a pathway to citizenship for up to 8 million people. This September, the ACLU is urging Congress to pass a reconciliation package which includes a path to citizenship for Dreamers, Temporary Protected Status holders, farmworkers, and other essential workers. But what does it mean to be an American citizen? And how did we get here, to a place and a time when we deny so many the ability to become an American? These are the questions that Jill Lepore explores in her book, “These Truths” which tells the story of how our nation has evolved from its origins. Jill is a professor of American history at Harvard, a staff writer at The New Yorker, and a prolific thinker and writer on history and contemporary politics. In this conversation, Jill speaks to former At Liberty host Lee Rowland. We hope you enjoy this conversation.

Ashley C. Ford on Growing Up With an Incarcerated Parent Aug 19, 2021

One in 12 American children, more than 5.7 million kids, have experienced parental incarceration at some point during their lives. Black Americans are 50 percent more likely than white Americans to have a family member who is formerly or currently incarcerated. At the ACLU, we are working to reform the criminal legal system in order to significantly reduce its footprint in the United States, because we know the ramifications of incarceration are broad, complex and damaging. Incarceration doesn’t *just* impact the person incarcerated, but we don’t often engage in that conversation. The American jail and prison system pulls apart entire families and communities, predominantly those of color. Our guest today understands all of this on a visceral level. Ashley C. Ford is a writer, podcaster and educator who deals with topics including race, sexuality and body image. This June, Ashley released her debut memoir called Somebody’s Daughter, where she details her experience growing up with a single mom and an incarcerated dad as a Black kid in Indiana. When released, Somebody’s Daughter became an instant New York Times bestseller. Ashley joins us on the podcast today to talk about her book, mass incarceration, and what “justice” means to her from where she stands today.

Simone Biles, Sha’Carri Richardson, and How the Olympics Failed Black Women Aug 12, 2021

Every two years the Olympic Games promise to be historic. Athletes defy odds, break records, and achieve feats unimaginable to most of us. But the 2020 games have consistently made headlines for the wrong reasons, particularly for the US Olympic Committee and the International Olympic Committee’s poor treatment and discrimination of athletes, especially Black women athletes. From Sha’Carri Richardson’s pre-Olympic suspension for smoking legal marijuana to the International Federation’s ban on swim caps designed for natural Black hair, or from the testosterone testing of two Namibian runners to the decades long abuse, lack of accountability, and disregard towards the mental health of athletes. The stories are almost too many to keep track of, but thankfully Ria Tabacco Mar, the Director of the ACLU’s Women’s Rights Project helps us parse through what we’ve watched unfold.

Kimberlé Crenshaw on Teaching the Truth about Race in America Aug 05, 2021

Lawmakers, parents, think tanks, and conservative pundits have waged a war over how to teach students about systemic racism. As of this recording, 27 state legislatures and 165 national and local organizations have made efforts to restrict education on racism. As a result, school board members have been ousted, and some educators have resigned over the death threats, social media bullying, and harassment they’ve received from those who are adamant that teaching a more inclusive history harms students. These activists and lawmakers have centered much of their anger on a framework called Critical Race Theory. Though they’ve used it as a catchall for wokeness, political correctness, and leftist indoctrination, the term actually refers to a body of legal scholarship from the 70s and 80s that says racism is not just a result of individual prejudice, but something embedded in the legal system and in government policy. Our guest today Kimberlé Crenshaw was among the scholars who developed the theory. She also coined the term “intersectionality,” a framework that takes into account how a person’s identities combine to create unique forms of discrimination or privilege. She is a Distinguished Professor of law at Columbia University and at UCLA, co-founder of the African American Policy Forum at Columbia, and host of the podcast “Intersectionality Matters.” She joins us to help us understand the true meaning of Critical Race Theory and how it became a political flashpoint in schools and beyond.

The Texas Legislature's Culture War Jul 29, 2021

On July 12th, Texas House Democrats boarded two planes headed for Washington DC in a last-ditch effort to deny Republicans the quorum they would need to pass restrictive voting measures during a special legislative session. The Democratic exodus not only stalled the GOP-led election bills, it also delayed Texas Governor Greg Abbott’s longer agenda for this special session, including legislation to ban trans youth in sports, further limit access to reproductive healthcare, and dictate how U.S. race history can be taught in school. The Texas Democrats who fled said they aren’t returning until the special session expires on August 6, but Governor Greg Abbott said he will continue calling special sessions into next year. Joining us to talk about this legislative stand off is Sarah Labowitz, policy and advocacy director at the ACLU of Texas.

Tony Winner Ali Stroker Reframes Disability Representation and Identity Jul 22, 2021

In this episode, we continue our celebration of Disability Pride Month with a conversation about representation. Across the top 100 movies of 2019 only 2.3% of all speaking characters had a disability. What’s more, the rare times we do see a character with a disability, they aren’t played by someone with a disability. In fact, one study found that in the top 10 TV shows for 2018 only 12% of disabled characters were played by disabled actors. In contrast, around 133 million Americans live with visible or invisible disabilities — that’s 40% of the public. To put it plainly, there’s A LOT of room for improvement. Enter Ali Stroker, a singer and actress phenom who became both the first person using a wheelchair to perform on Broadway and the first person using a wheelchair to win a Tony award. Ali, in many ways, has put disability on the media map, landing roles in film, television, theater and even writing a children’s book. She joins us on At Liberty to discuss the importance of the representation and celebration of disability in the entertainment industry and beyond.

Do Black Americans Have the Right to Bear Arms? Jul 15, 2021

In 2021, the U.S. experienced over 200 mass shootings. Americans are more likely to be killed at the hands of firearms than in vehicles. This years-long gun violence epidemic continues to spark debate about the 2nd Amendment and who has the right to bear arms. But often absent from the debate around gun violence is the anti-Blackness at its core. In her latest book, The Second: Race and Guns in a Fatally Unequal America, our guest, historian Carol Anderson, counters the elegiac worship of the Second Amendment by tracing how anti-Blackness determined the very decision to include the Second Amendment in the Bill of Rights and has informed its unequal and racist enforcement over the last several hundred years. Anderson is the Charles Howard Candler Professor of African American Studies at Emory University. Her previous books include White Rage and the 2018 One Person, No Vote: How Voter Suppression Is Destroying Our Democracy.

Why Britney Can't Get Out of Her Conservatorship Jul 08, 2021

In honor of Disability Pride Month, we’re devoting a few episodes to disability rights, starting with a look at conservatorships. Conservatorships are a court-sanctioned way to strip people with disabilities of their civil liberties. The system of conservatorships has gained media attention through the case of Britney Spears. What many have learned through Britney’s story is that under conservatorships, you often can’t spend your own money; you can’t choose your own doctors; you can’t control your medical care. You can’t even choose where you live or whom you spend your time with. And while Britney’s case has catapulted conservatorship into public consciousness, Britney’s case is not the exception. Over one million other Americans with disabilities live under some form of conservatorship or guardianship. Zoe Brennan-Krohn, staff attorney with the ACLU’s Disability Rights Project, joins us to discuss the implications of conservatorship, for Britney and for many others.

Trump's Supreme Court Appointees Frustrate Ultra Conservatives...Mostly Jul 02, 2021

The end of the Supreme Court’s term is always a momentous time of year for our guest and At Liberty regular David Cole. David is the ACLU’s legal director and our resident Supreme Court expert. In this episode, he’ll help us answer how the court’s new conservative supermajority has impacted its decisions on the term’s civil rights and civil liberties cases. We’ll also take a peek at the upcoming term, which is set to be a nail-biter. The court could decide on the fates of reproductive rights, affirmative action, and gun rights.

This Minnesota Mayor Isn't Waiting for Another Police Shooting Jun 24, 2021

Just two months ago, Brooklyn Center, a suburb of Minneapolis, was the backdrop of yet another incident of police brutality when 20-year-old Daunte Wright was fatally shot by an officer during a traffic stop. The incident happened just ten miles from the courthouse where Derek Chauvin was on trial for the death of George Floyd. Outraged community members gathered in front of the Brooklyn Center Police Department for consecutive days demanding change. And this time, their calls were answered. One month after Daunte Wright was killed, the city council passed a resolution that created an alternative to police response for both mental health calls and some traffic stops. The resolution is called The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution, named after the two people killed by local police in the last two years. One of the driving forces behind the resolution was Brooklyn Center Mayor, Mike Elliott. Mayor Elliott came to the US at the age of 11, fleeing from civil war in Liberia. Before running for mayor, he had started a mentoring program, working with Brooklyn Center schools to serve low-income students. He joins us along with Taylor Pendergrass, the Deputy Director of Campaigns for the ACLU’s Smart Justice program, to talk about what other communities can learn from the example of Brooklyn Center.

Special Edition: Supreme Court Says No License to Discriminate Jun 18, 2021

It’s that time of year again: Supreme Court decision season. Today, we are bringing you a breakdown of the Supreme Court’s decision in the case of Fulton v. City of Philadelphia, a case that touches on whether the city can enforce a nondiscrimination policy with its contractors. Here, Catholic Social Services, a contractor with the city, refused to sign an agreement that would have forced them to stop excluding same-sex couples and unmarried people from being foster parents. In a unanimous decision, the Supreme Court held that Philadelphia's refusal to contract with the foster care agency violated the Constitution's First Amendment Free Exercise Clause. James Esseks, the Director for the ACLU’s LGBTQ & HIV Project, joins to break down the decision.

Defending Speech We Hate Jun 17, 2021

Over the years, the ACLU’s commitment to the First Amendment has come under attack – both for the cases we take on and for those we don’t. At the ACLU, we are committed to protecting free speech for all – not just those with whom we agree. And that commitment can come into tension with the other work we do defending civil rights and civil liberties. In this episode, we are pulling the curtain back on our history of defending free speech, on the choices we make, and on the conversations that went into those choices. For this episode, we are handing the mic to At Liberty’s former host and current ACLU free speech attorney Emerson Sykes. He speaks with former ACLU Executive Director Aryeh Neier, who led the organization during the controversial time in the 1970s when the ACLU defended the rights of Neo Nazis to march in Skokie, Illinois. They address how a multi-issue organization can balance defending the rights of free speech even as it defends the other rights and liberties guaranteed in the constitution.

Lives First, Profits Later: How To Close the Global Vaccine Gap Jun 08, 2021

In the U.S., it’s easy to think we’re in the final chapter of this global pandemic. Baseball stadiums have replaced cardboard cutouts with screaming fans, and the aroma of fresh popcorn is wafting once again from movie theaters’ open doors. As of this recording, more than 60% of US adults have now received at least one dose of the vaccine, and unused doses are available to anyone over the age of 12. But the U.S. is, in many ways, an outlier. The entire continent of Africa accounts for 1% of the world’s vaccine administrations, and countries in Asia and South America still lack meaningful access to vaccines. Added to this, variants have made COVID-19 more contagious and, in some cases, more deadly. This is the global vaccine gap. The global vaccine gap is both a human rights and a racial justice issue. Many of the communities left vulnerable are communities of color. The scale of the problem has united activists and organizations from around the world, including at the ACLU, to identify solutions and fast. For many of the human rights activists and experts, the urgency is part of their lived experience on the ground. This episode, we’ll hear some of their stories and learn from one of the ACLU’s human rights experts what needs to be done. Special thanks to the International Network for Civil Liberties Organizations (INCLO) for helping make this podcast happen, especially Colin Gonsalves, Nersan Govender, Vivian Newman, and Lucila Santos. To support our INCLO partners featured in this episode, please see below. Human Rights Law Network in India: https://www.hrln.org/. Legal Resources Centre in South Africa: https://lrc.org.za/ Dejusticia in Colombia: https://www.dejusticia.org/ INCLO: https://www.inclo.net/

How the Police Lobby Impedes Public Safety Jun 03, 2021

There were only 18 days last year that did not see a police officer kill a civilian in this country. George Floyd, Breonna Taylor, Walter Wallace Jr, Daniel Prude, and Rayshard Brooks, were among the 1,127 people killed by police last year. And we know that Black people are more than three times as likely to be killed during a police encounter as their white peers. A year after the murder of George Floyd, systemic, transformative change is still desperately needed at every level of government, but too often police unions and their lobbying efforts obstruct that change. Joining us today to talk about all this is Dr. William P. Jones, a history professor at the University of Minnesota and the president of the Labor and Working-Class History Association, whose work focuses on the relationship between race and class, as well as on the history of unions and organizing in the U.S.

The Tulsa Race Massacre and the Violence of Forgetting May 27, 2021

In the early 1920s, Black Americans were under the siege of direct and indirect racial violence with widespread lynchings, Jim Crow laws, and race riots across the country. And yet, the Greenwood neighborhood of Tulsa, Oklahoma was thriving. Its streets were lined with successful Black-owned businesses and Black professionals. The businesses were so successful the area was dubbed “Black Wall Street.” But one hundred years ago today, on May 31st, 1921, a white mob of several thousand murdered up to 300 Black residents, and destroyed almost every Black business, church, and home in the 35-square-block neighborhood. What followed the massacre was a national forgetting: no reckoning, no justice, and no accountability. Black property owners were never compensated, and neither the city nor the state committed money toward rebuilding Greenwood in the aftermath. In fact, up until recently, the massacre was hardly taught or discussed at all. Tulsa historian and prolific author and lawyer, Hannibal B. Johnson, joins us on At Liberty to mark the centennial of the Tulsa Race Massacre and break down its legacy.

Meet the Students Who Are Taking on Comcast May 20, 2021

Here at the ACLU, we’ve been working remotely from home since the pandemic closed our offices in March 2020, which means this podcast is produced, recorded, and edited, using high-speed internet; even our guests’ participation depends on it! Covid-19 has underscored just how crucial an internet connection is to participate in society. But many people like you and me may take for granted having efficient and affordable broadband access, a privilege that tens of millions of Americans are without. This is the digital divide, and it disproportionately impacts people of color and people living in rural communities. Joining us on this episode are Baltimore high school students and organizers of SOMOS, Kimberly Vasquez and Yashira Valenzuela-Morillo, and data science and equity expert, Dr. Brandeis Marshall.

How to Save Lives in Jail During the Opioid Crisis May 13, 2021

Three million Americans currently suffer from Opioid Use Disorder, or an addiction to opioids. Today, adults between the ages of 25 and 44 are more than twice as likely to die from opioid overdose than from COVID-19, yet this epidemic isn’t making the same headlines. When we zoom in on the prison population, the numbers are even more jarring. 85% of people in prison or jail have some kind of substance use disorder, compared with 9% of the general population, yet these Americans are less likely to get access to the care they need to treat their addiction. Most prisons and jails don’t let people take prescription medications like methadone to treat their disorder while serving time. This kind of treatment has been shown to reduce deaths from opioid overdose up to 50% by preventing withdrawal symptoms during recovery. In this episode, we’ll take a look at the devastating impact of denying these treatments in our prisons and jails. We're joined by Christine Finnegan, Louis Lamoureux, and Beth Schwartzapfel.

Your Friendly Neighborhood Bank: The Post Office May 06, 2021

1 in 4 Americans are unbanked or underbanked. That’s because banks across the country are closing branches or they’re penalizing those who don’t have large savings. This means that 64 million Americans -- disproportionately Black and Brown -- can’t easily access basic financial services and are forced to pay thousands a year in fees for alternatives. But one solution to this disparity is within our reach, it’s actually just down the street from you: the post office. The Postal Service has the infrastructure to provide basic financial services at all of its branches. With an office in every ZIP code nationwide and trust within the community, banking at the most accessible institution in America could create a public option needed to put millions of families in greater control of their finances. Joining us today to break down the specifics of Postal Banking is Rakim Brooks. Rakim is a Senior Campaign Strategist at the ACLU and is managing our new Systemic Equality campaign.

Supreme Court Considers a Cheerleader's Free Speech Apr 27, 2021

On April 28th, the Supreme Court will hear arguments for a case that has big implications for student free speech. The case involves then 14-year-old Brandi Levy, a cheerleader at Mahanoy Area High School in Pennsylvania, and her post on the social media platform, Snapchat. One of her cheerleading coaches saw the post, which used an expletive, and suspended her from the team for a year – even though Brandi had posted on a weekend and off school property. Brandi and her family sued the school for violating her First Amendment rights. Brandi has prevailed in two lower federal court rulings but now, the Supreme Court will have the opportunity to uphold the win or rule for the school. Brandi and her father, Larry, join us on this episode, as well as Vera Eidelman, Staff Attorney at the ACLU's Speech, Privacy and Technology project, who is working on Brandi's case.

Derek Chauvin Verdict Means Accountability, Not Justice Apr 21, 2021

Last year, the world watched Minneapolis police officer Derek Chauvin kill George Floyd in plain sight after arresting him for an alleged counterfeit bill at a convenience store. The footage released from the encounter sparked an international movement as protesters took to the streets for months calling for racial justice and an end to police brutality. On Tuesday, after weeks of arguments, the jury released a verdict in the Derek Chauvin trial: guilty on all three counts. In this episode, we hear from Minneapolis demonstrators Sierra, Osman, and Broderick who react to the verdict as it's happening and then we call the ACLU's Policing Policy Advisor, Paige Fernandez, to hear her reaction.

Daunte Wright Should Never Have Been Stopped Apr 14, 2021

On Sunday, 20-year-old Daunte Wright was shot and killed by a police officer in Brooklyn Center, Minnesota after being pulled over for traffic violations. The violations? He had expired tags on his license and air fresheners hanging from the rearview mirror of his car. This story is heartbreakingly familiar. Just a year ago the country erupted in protest over the death of George Floyd after police arrested him for allegedly using a counterfeit $20 bill at a convenience store. Police interactions with citizens shouldn’t end in death, and yet hundreds are dying at the hands of police every year. In order to protect and serve Black Americans, we need immediate solutions. Joining this episode are protesters Aja, Melina, and Emilaysia in Brooklyn Center and Brooklyn Park, as well as the ACLU’s Policing Policy Advisor, Paige Fernandez, and Senior Staff Attorney of the ACLU’s Criminal Law Reform Project, Somil Trivedi.

The Oscar-Nominated Film Uplifting the Disability Rights Revolution Apr 08, 2021

This week, we are revisiting one of our favorite episodes featuring a conversation with the filmmakers of the documentary, “Crip Camp: A Disability Revolution.” Jim LeBrecht and Nicole Newnham use archival footage and interviews to tell the story of a summer camp that seeded a disability rights movement, a movement whose history few know well even though almost 50 percent of Americans live with at least one disability. The film was just nominated for an Oscar in the category of best documentary feature. Enjoy this gem from the At Liberty archive.

Special Report: Chase Strangio on the Legislative Assault on Trans Youth Apr 07, 2021

The Arkansas legislature just passed HB 1570, a bill that would ban gender-confirming health care for trans youth in the state. This comes just one day after Arkansas’ Governor Asa Hutchinson, vetoed the bill amidst pleas from doctors, social workers, and parents of transgender youth. Arkansas is the first state in the country to pass such a bill. We spoke with Chase Strangio, ACLU’s Deputy Director for Transgender Justice, to get his take on what happened.

Why New Domestic Terrorism Laws Won't End White Supremacy Apr 01, 2021

From a Capitol insurrection to multiple mass shootings, recent violence is prompting an old debate: Does the U.S. need a domestic terrorism law? And if not, how do we quell this violence? Our guest today, Hina Shamsi, the Director of the National Security Project at the ACLU, says we don’t need to look far to see how existing laws that claim to target domestic terrorism, in reality, grant the government unprecedented power to surveil and criminalize communities of color. These laws have been weaponized to harm some of the same communities that are suffering disproportionately from violence in America. She joins us today to break down the debate.

Writer and Artist Chanel Miller on Surviving, Identity, and Activism Mar 25, 2021

This week, we’re rounding out our Women’s History Month series with writer and artist, Chanel Miller. Chanel jumped into the spotlight back in 2015, first through a pseudonym, Emily Doe, known in the context of the crime committed against her, a sexual assault that took place on Stanford University’s campus perpetrated by then student, Brock Turner. The victim statement she wrote and delivered at the trial went viral, receiving over 11 million views on Buzzfeed. Chanel’s words helped set off the #MeToo Movement, but her name was nowhere to be found. In 2019, Chanel stepped out from under anonymity and into authoring her own story. She published the New York Times Bestselling memoir, Know My Name. She is now known as a leading voice for survivors of sexual violence and as an emerging artist, currently debuting work in San Francisco’s Asian Art Museum. Behind every social issue are survivors, often of discrimination, of atrocity, and of violence. Everyone has had an experience that has made them feel nameless and faceless. But Chanel knows that in owning our own power, we can be powerful for both ourselves and those around us. She joins us today to share more about her own journey.

Sheriff Kristin Graziano Wants to End Racist Policing Mar 18, 2021

Last summer, protesters and organizers called for a racial reckoning and a change to how our country's policies. In the wake of those protests, a sheriff’s race in Charleston County, South Carolina took shape with a reform-minded candidate Kristin Graziano taking on an establishment incumbent. During her more than 20 years in law enforcement, Graziano observed how the sheriff’s office contributed to racial profiling and harmful collaborations with immigration enforcement. In response, she promised to make the sheriff’s office more accountable and responsive to the demands of its community. The citizens of Charleston rewarded her vision with a decisive victory over the incumbent of 32 years. Sheriff Graziano joins us to talk about why the department needed a change and what it means to serve a diverse community during a time of racial reckoning.

State Senator Sarah McBride on Making History and Affirming Trans Lives Mar 11, 2021

The 2020 election was a historic year for lawmakers who identify as transgender; voters across the country elected six trans lawmakers to state office. Sarah McBride, was one of those lawmakers. Elected as a State Senator for Delaware’s first district, Sarah is now the highest-ranking trans lawmaker in America. Her candidacy and her voice in trans advocacy have shown how trans people can become powerful leaders in public life. Sarah joins us to discuss her journey into politics and trans advocacy and to let us know what we can all do to build a more inclusive public life.

Activist Amanda Nguyen on the Rise of Attacks on Asian Americans Mar 04, 2021

Welcome to March! This month, in honor of women’s history month, we are featuring conversations with women and non-binary leaders who are working to address issues in their communities. This week, we’re speaking with Amanda Nguyen. Amanda is the CEO and founder of RISE, a millennial-driven social change incubator for citizen lawmaking. Because of her work passing legislation for sexual assault survivors, she was nominated for a 2019 Nobel Peace Prize. More recently, Amanda has been working to mobilize a nationwide response to the surging attacks on Asian Americans. Since the beginning of the pandemic, Asian Americans across the country have reported being targeted in 3,000 hate incidents. According to NYPD data, anti-Asian American hate crimes are up 1900% in the last year. And just weeks ago,, an 84-year-old Thai American man was murdered in San Francisco, a 91-year-old man was shoved to the ground in Oakland’s Chinatown, a 64-year-old Vietnamese woman was assaulted in San Jose and a Filipino American man was slashed in the face on a subway in New York City. These assaults are happening during a pandemic where Asian Americans have disproportionately lost their jobs or had their businesses boycotted. In response to the recent attacks and to the relative silence of mainstream media, Amanda posted a now-viral video on Instagram naming the attacks and calling for media attention and public action. Amanda joins us to talk about this wave of violence and what she’s doing about it.

Organizer LaTosha Brown on Building the New South Feb 25, 2021

This country watched as the people of Georgia helped deliver both the presidency and the Senate to the Democrats this past election cycle, defying the perception that the state was a Republican stronghold. After Stacey Abrams’ contentious loss in the 2018 race for governor, the effort to thwart voter suppression in the state and mobilize Black voters ramped up. As a result, Black Georgians showed up to the polls in droves and turned the state Blue. One of the activists responsible for this turn is LaTosha Brown, a political strategist who has been working at the intersection of social justice and political empowerment for decades. LaTosha is the co-founder of the Black Voters Matter Fund and BVM Capacity Building Institute, a movement to expand voter access and build political power for Black Americans, particularly in the South. She joins us to discuss the impact of expanding the right to vote and building a more diverse and inclusive future for the South.

Google This: Algorithmic Oppression Feb 18, 2021

Imagine you’ve forgotten once again the difference between a gorilla and a chimpanzee, so you do a quick Google image search of “gorilla.” But instead of finding images of adorable banana-obsessed animals, photos of a Black couple pop up. Is this just a glitch in the algorithm? Or, is Google an ad company, not an information company, that’s replicating the discrimination of the world it operates in? How can this discrimination be addressed and who is accountable for it? Our guest today, UCLA professor and best-selling author of “Algorithms of Oppression,” Dr. Safiya Noble answers these questions.

How To Build Systemic Equality Post Trump Feb 11, 2021

The riot on the Capitol building in the last days of Trump’s presidency was a powerful inflection point in an era of racial reckoning. In its wake, many pundits and politicians declared that “This is not America.” Our guest, ACLU deputy legal director, Jeff Robinson would disagree. The image of a Confederate flag paraded through the halls of the Capitol or cries to disavow an election with high Black voter turnout is America; it’s just not the one we like to talk about. In this episode, we speak with Jeff about how building a more equal nation must be rooted in dealing with the racist policies, practices and attitudes that were calculated to keep people of color at a disadvantage. We’ll also talk about the ACLU’s multi-year plan to tackle some of those racist policies.

Filmmaker Garrett Bradley on Time in the Criminal Justice System Feb 04, 2021

This month, in honor of Black History Month, we’ll be featuring a slew of incredible Black leaders who are tackling issues that impact their communities. This week, we’re speaking with Garrett Bradley, a filmmaker passionate about criminal justice reform. The documentary film called Time, streaming on Amazon Prime right now, is at its core a story of enduring love – both romantic and familial. It’s also a film about mass incarceration. The film follows Sibil “Fox” Richardson as she raises her six children, works as the owner of a car dealership, and relentlessly fights for her husband’s release from a Louisiana prison. The film’s original footage is interspersed with home videos that Fox made for her husband during his 21 years in prison. We’re joined by the director of Time, Garrett Bradley. The film, her first nonfiction feature, won Garrett the 2020 Sundance Film Festival’s best director award for U.S. documentary.

What Does Free Speech Mean Online? Jan 28, 2021

Weeks ago, President Trump was banned from nearly every social media platform because of his role in the events at the Capitol Building on January 6th. Just before Congress was set to certify Joe Biden as the next president of the United States, Trump instructed his supporters to, quote, “fight much harder” against “bad people” and “show strength” at the Capitol. The social media bans on Trump and his supporters ignited a debate about whether these social media companies have too much power over the speech of their users. Should they have banned Trump sooner? Are these bans legal? What kind of precedent does banning Trump and others set for the speech of marginalized communities? And should the government rein in the private sector power of these companies? Joining us to address some of these questions is Kate Ruane. She's senior legislative counsel for the First Amendment of the ACLU.

An End to the Muslim Ban Is Just the Beginning Jan 21, 2021

Yesterday, Joe Biden was inaugurated as President of the United States. And today, as part of his day one agenda, he has rescinded one of the Trump administration’s most incendiary orders: the Muslim Ban. The Muslim ban, enacted within Trump’s first days in office, virtually blocked immigration from countries with substantial Muslim populations such as Iran, Syria, Iraq, Sudan, Libya, Somalia, and Yemen. With no warning, the order sent people across the world scrambling to avoid permanent separation from their families, their jobs, and their education. Amidst a national outcry and protests in airports and on the streets across the country, the ACLU was able to secure an early victory in the courts. But, over the years, fighting the Muslim ban became like a game of whac-a-mole. The administration would come up with superficial tweaks of language to dodge judicial scrutiny, and the ACLU and others would fight anew. In the end, we were left with a ban, rubber-stamped by the Supreme Court, that blocked entry to people from 13 countries around the world, mostly in Africa and the Middle East. In this episode, we share stories that highlight the impact the ban has had and discuss what ending it will and won’t do for the future of Muslims in America. A listener note: the conversations that follow were recorded prior to the Biden administration’s move to end the ban.

Why the ACLU Called for Trump's Impeachment Jan 14, 2021

This past weekend the national board of the ACLU convened an emergency meeting to respond to the events at the Capitol building on January 6th. After hours of deliberation, the board voted unanimously to call for the impeachment of Donald Trump, just days before his term is set to end. The resolution published by the National Board states “President Trump has...violated his oath to preserve, protect, and defend the Constitution, and poses a ‘grave and imminent threat to civil liberties.” On Monday, Congress followed suit, filing an article of impeachment. Joining us to discuss this historic moment and how the ACLU came to its call for impeachment, is Susan Herman, ACLU President and Ruth Bader Ginsberg Professor of Law at Brooklyn Law School.

Special Edition: ACLU Responds to Events at the U.S. Capitol Jan 08, 2021

On Wednesday, pro-Trump loyalists stormed the U.S. Capitol in an effort to prevent Congress from certifying the electoral college decision to elect Vice President Biden to be the next President of the United States. At the ACLU, we watched aghast like many of you at home. What we saw was a dangerous attack on American democracy. We know that we will be dealing with the consequences of the events that took place for quite some time, but we wanted to come together to respond to the moment: particularly focusing on moving forward with electoral integrity and a deeper commitment to racial justice. On this special episode of At Liberty, you’ll hear experts from the ACLU in conversation: Monica Hopkins, the Executive Director of the ACLU of the District of Columbia, who will also act as moderator, Jeffrey Robinson, ACLU’s Deputy Legal Director and Director of the Trone Center for Justice and Equality, and Dale Ho, Director of the ACLU’s Voting Rights Project.

For Muslims, Even Prayers Aren't Private Jan 07, 2021

We generate droves of personal data every time we use the apps on our phones, make a call, make an online purchase. We all hope that data is kept private, hidden away from people or entities that might want to surveil us, but sometimes it isn’t. In November, news reports revealed that the federal government had purchased location data mined from apps used by Muslims. One of those apps is a prayer app called Muslim Pro, which has been downloaded by millions. We don’t yet know exactly how the data is being used, but many users of the app have already reported deleting it to avoid being surveilled. Aliya Karim, a journalist at NowThis, and Tarek Ismail, a senior staff attorney at the CUNY School of Law’s Creating Law Enforcement Accountability and Responsibility Project, join us to discuss.

A Holiday Movie Marathon Dec 31, 2020

This week, we’re revisiting one of our year-end favorites, a conversation about ACLU staffers’ favorite holiday movies. So grab some popcorn and enjoy the show. We’ll see you again in 2021.

The Songs That Helped ACLU Staffers Survive 2020 Dec 22, 2020

How to sum up 2020? Stressful? Uncertain? Hard? If you’re like some ACLU staffers, one note of help came quite literally from listening to music. For a special year-end holiday episode, we asked a few staffers to tell us which song provided the service of escape or inspiration or just comfort. It’s been a long year so we hope you enjoy a momentary departure from our usual talk of the latest civil rights and civil liberties battles in service of the songs that got us through this year.

The Winner of the 2020 Election: Drug Legalization Dec 17, 2020

The 2020 election was notable for a lot of reasons, but one winner really stood out: drug legalization. Five states legalized either medicinal or adult use of marijuana. Oregon and D.C. went even further and decriminalized or legalized hard drugs. And the momentum garnered from these cross-country wins helped push the MORE Act through the House in recent weeks. If enacted, this legislation would end the federal prohibition of marijuana. After decades of fighting to undo the damage done by the War on Drugs, could this be a tipping point? Joining to discuss how America’s war on drugs failed is Cynthia Roseberry, Deputy Director of the ACLU’s National Policy Advocacy Department.

Glennon Doyle on Telling Loved Ones Hard Truths Dec 10, 2020

The holidays can be a challenging time for many. One of the reasons for the extra anxiety we may feel is due to the kinds of conversations and sometimes, conflict, that can come up when we are sharing a meal with loved ones. Your aunt, grandpa, parent, or cousin says something about politics, about race, about any marginalized community, and boom, your blood is boiling. You love your family, but seriously, how can these people be related to you. Okay, you want to be respectful but also hold your ground. You don’t know how to respond. Well, our guest today, Glennon Doyle, knows a thing or two about difficult truth-telling, about creating understanding, and about moving people along in their own evolution of love and justice for all. On this podcast, we learn a lot about history, about civil rights issues, and about how we can use the law to move the needle. On this episode, we are going to spend time talking about how we can best share that knowledge with others, the folks who may not be as tuned into these conversations. Glennon is the #1 New York Times bestselling author of Untamed, Love Warrior and Carry On, Warrior. She is also the founder and president of Together Rising, a non-profit organization that has raised over $25 million for women, families, and children in crisis. She joins us today to break down how we can better love and lead people to care about the rights and liberties of those most marginalized.

Camonghne Felix on Abolition as a Sexual Violence Survivor Dec 03, 2020

Please note that this episode contains conversation around sexual violence. Calls to “defund the police” or even “abolish the police” are often met with the retort: “But what do we do about the rapists and the murderers?” It’s a question that today’s guest, Camonghne Felix, addressed head-on with an article in New York Magazine’s The Cut titled “Aching for Abolition as a Survivor of Sexual Violence.” She explains that as a sexual assault survivor, the incarceration of her attacker brought her no solace. She invites the reader to listen, to be led, and “to invest in agency” when thinking about accountability and healing. Felix is both an award-winning poet and the Vice President of Strategic Communications for Blue State, a purpose-driven creative strategy agency. Before Blue State, she was the director of surrogates & strategic communications at Elizabeth Warren for President. She's also a prolific poet and was longlisted for the national book award in 2019.

Reframing and Re-learning American History With Nikole Hannah-Jones Nov 26, 2020

Thanksgiving is a holiday framed by our history books as a joyful celebration between those who arrived on the Mayflower to Plymouth, Massachusetts and the indigenous Americans already living on the land. In reality, the day had marked the end of a brutal battle where white colonizers attacked Indigenous Americans in order to take over and move in on their land. On At Liberty, we are particularly interested in re-learning and re-framing history to reflect the truth of what happened and the legacy of many American systems and institutions that are in reality marked by brutality and white supremacy. This Thanksgiving, we are pulling out an episode from the At Liberty archive that we believe has a special resonance on a day like today. Former At Liberty Host Emerson Sykes speaks with New York Times Magazine’s Nikole Hannah-Jones about her Pulitzer-prize winning1619 Project, a storytelling effort that centers slavery in the story of our country’s founding. We hope it also provokes you to question and reckon with the real meaning of Thanksgiving Day.

New Court, New President: What's Next for Civil Rights and Civil Liberties Nov 19, 2020

As of now, we know the status of two of the three branches of the federal government. We have President-elect Joe Biden in the executive and an even more conservative majority in the Supreme Court with the appointment of Justice Amy Coney Barrett. The future of Congress is still unknown as we await the results of two runoffs in Georgia that could hand control of the senate to either party. But what we know, even before the results of those senate races are in, is that the fate of civil rights and civil liberties hangs in the balance. Civil rights protections previously defended by a narrow majority in the Supreme Court could be in jeopardy. Alternatively, the Biden administration will have the opportunity to roll back Trump-era assaults like the Muslim ban; it might also get a chance at its own appointments. The future is unknown, but here to help us to understand and forecast the impact of a Biden presidency and the most conservative Supreme Court in more than half a century is the ACLU’s National Legal Director David Cole.

How COVID-19 Is Setting Working Women Back Nov 12, 2020

In early October, the United States Labor Department reported that women were leaving the workforce at four times the rate of men. A few months earlier, a report from McKinsey Global revealed that while women made up just 43% of the workforce, they had borne 56% of COVID-related job losses. This data — and much more — led one news source to call this moment “America’s First Female Recession.” What exactly is going on? Why are women losing and leaving jobs more than men during this global pandemic? And what can we do about it? Here to answer these questions is Colleen Ammerman. Ammerman is the director of Harvard Business School’s Gender Initiative. She is also the co-author of an upcoming book Glass Half Broken: Shattering the Barriers That Still Hold Women Back at Work.

Racial Justice Demands That Every Vote Is Counted Nov 06, 2020

The Trump campaign is pursuing legal challenges in battleground states as the pathways to President Trump’s reelection narrow. These challenges involve attempts to stop or challenge the vote count. And because of the record number of mail-in ballots cast during the pandemic, the votes affected are disproportionately those of mail-in ballots. 91.6 million Americans requested a mail-in ballot. And what’s noteworthy about the high volume of mail-in ballots is that any attempt to discount them would not only cast a blow to our democracy, it would disenfranchise communities of color. Joining us to discuss are Lucia Tian, ACLU's Chief Analytics Officer, and Andrea Young, ACLU of Georgia's Executive Director.

Know Your Voting Rights - At the Polls Series Nov 02, 2020

Tomorrow's the big day: Election Day! The last day to vote. Here at the ACLU, we have just one closing argument: Everyone should be able to vote, and everyone’s vote should be counted. So, we want to prepare you to know your rights when you head to the ballot box. We've prepared a short and sweet audio guide for you. We'll see you at the polls!

What Will End Police Violence? Oct 29, 2020

It’s almost half a year since George Floyd was killed by a Minneapolis police officer and the country erupted in protest demanding change. It felt like a turning point in many ways, but was it? Since that day, some cities and states have taken steps towards police accountability. The city of Minneapolis voted to defund their police department, Iowa restricted chokeholds, New York repealed a law that kept officers’ disciplinary records secret, and Virginia passed a law making it easier to decertify cops with a history of infractions. That’s just to name a few. But, in many cities and states, the progress has met with resistance like in California where police unions blocked a law that would have allowed officer misconduct to end their service. Given all that still needs to happen to address the systemic injustices of policing in this country, we are re-running a conversation we had shortly after protests erupted with our Policing Policy Advisor, Paige Fernandez.

Why Do We Take Voting Rights Away in America? - At the Polls Series Oct 27, 2020

Over 5 million Americans are kept from the polls by laws that prohibit people with felony convictions from voting. While the intricacies of these laws vary from state to state, people who have been convicted of a felony are blocked from voting in one way or another in 48 states. But why do felony disenfranchisement laws exist in the first place and where do they come from? On this episode, we spoke with Jennifer Taylor from the Equal Justice Initiative, an organizer with Florida Rights Restoration Coalition, Demetrius Jifunza, and the ACLU's National Campaign Strategist for criminal justice reform, Lewis Conway, to find out.

The Supreme Court Case That Could Jeopardize LGBTQ Rights Oct 22, 2020

The city of Philadelphia learned in March 2018 that two of the agencies it had hired to provide foster care services would not, based on religious objection, accept same-sex couples as foster parents. The city then told the agencies their contracts with the city were in jeopardy unless they complied with basic nondiscrimination requirements. While one of the agencies agreed to comply, the other — Catholic Social Services or CSS— refused. Instead, CSS sued the city, claiming the Constitution gives it the right to opt-out of the nondiscrimination requirement. After a lower court and a federal circuit court ruled in the city’s favor, CSS appealed to the Supreme Court. The case Fulton v. City of Philadelphia has implications, not only for the future of foster care, but for the protection of all people from discrimination in the name of religion. Arguments in the case are set for November 4th. Louise Melling, Deputy Legal Director of the ACLU, joins us to discuss what's at stake.

You Asked, We Answered - At the Polls Series Oct 20, 2020

For the last few months, we've been gathering your voting questions. Hundreds of you have sent in voice messages, videos and emails with your most pressing concerns. These submissions have informed our At the Polls episodes, but we couldn't answer each question with its own episode. This week, we have recruited the best experts to answer your varied questions about the upcoming election, your ballot, and voting rights. Thank you to all who submitted questions. We hope you enjoy!

Photographer Josue Rivas on Indigenous Representation Oct 15, 2020

This week on Monday, October 12th, a growing number of states and cities across the country celebrated Indigenous Peoples’ Day. It comes as an important corrective after decades of celebrating the, quote, “discovery” of the Americas by Christopher Columbus each year. We know, of course, that no such discovery happened — what did happen was colonization and centuries of subjugation, murder, disenfranchisement, and displacement of Native Americans. As we reflect on our history and on the stories that have been too often excluded, we consider the importance of not just what stories get told, but of who gets to tell them. On this episode, we are joined by Josué Rivas, who’ll help us think through these questions. Josué is a visual storyteller, educator, creative director, and self-described “Indigenous futurist.” He descended from the Mexica Otomi peoples. He aims “ to challenge the mainstream narrative about Indigenous peoples” and to “be a visual messenger for those in the shadows of our society.”

Why Is It so Hard for 25% of Americans to Vote? - At the Polls Series Oct 13, 2020

One in four American adults lives with a disability. And that doesn’t even include the fact that about 45% of Americans live with a chronic illness. During a global pandemic, that means that a huge portion of the electorate has health conditions that impact their ability to vote safely. A new act introduced in Congress has the potential to really help. It's called the Accessible Voting Act. In this episode of At the Polls, we're joined by Susan Mizner, Director of the ACLU's Disability Rights Project, and Curtis Chong, a longtime technologist and advocate for digital accessibility for all.

Why Are Police the Wrong Response to Mental Health Crises? Oct 08, 2020

Over the last months, we’ve explored different conversations on the subject of policing: abolition, violence and accountability, protest and activism. Today, we’re exploring a topic that has gained more attention in the wake of Daniel Prude’s death in March at the hands of the Rochester Police Department: the startling connection between mental health 911 calls and police brutality. Studies show that nearly 50% of police victims are living with a disability, predominantly a mental health disability. In many ways, 911 has become the only option for people looking for mental health crisis intervention. And police often arrive at the scene armed with deadly weapons and a lack of mental health training. The results are devastating. But there is hope. There are new alternatives to policing that can provide real care if we invest in them. Joining us on this episode to break down the issue is Gregg Bloche, a professor of law at Georgetown University and a mental health care policy expert, and Ellie Virrueta, an organizer with Youth Justice Coalition.

How Do We Get Young People to Vote? - At the Polls Series Oct 06, 2020

American voting rates have hovered in the mid-50s for most of recent history. As these things go, that is not great. But it’s even worse with younger voters. In the 2014 midterms, less than 20 percent of voters under 30 cast a ballot. We saw a shift in the 2018 midterms and now the question is how do we sustain the influx of young voters? As of this year, millennials and Gen Z make up approximately 37% of the national electorate. The full participation of America’s younger voters could radically shift the political landscape. Michael McDonald, professor of Political Science at the University of Florida, and David Hogg, March For Our Lives Co-Founder and Board Member, join to discuss.

The Supreme Court Rulings You're Not Hearing About Oct 01, 2020

This past June, many breathed a sigh of relief when the U.S. Supreme Court rose above partisanship in controversial cases involving abortion, LGBTQ+ rights, the rights of DREAMERS, and the president’s tax returns. In those cases, conservative justices relied on legal reasoning, rather than party loyalty, to guide their decisions. But lurking in the shadows is a concerning new trend in the Supreme Court to grant an unprecedented number of emergency orders with little transparency and no opportunity for recourse. These cases fall under the Court’s aptly named “shadow docket.” And under the Trump administration, this shadow docket has grown exponentially with the Supreme Court disproportionately ruling on the side of the administration. Here to tell us about this trend and why it’s so concerning is the ACLU’s legal director David Cole. We spoke with David before Justice Ginsberg's death and before President announced Amy Coney Barrett as his pick to replace Justice Ginsberg. It is safe to say that the trends we discussed with David are unlikely to shift course – and could even worsen in the wake of these events.

Will Litigation Decide the 2020 Election? - At the Polls Series Sep 29, 2020

Ahead of this year’s election, we have seen an unprecedented amount of election litigation between both political parties. The Republican National Committee, at the direction of President Trump, has amassed a $20 million war chest for voting rights cases across the country. In every case, they are working to suppress votes. The litigation ahead of the election is setting the stage for how votes are cast and counted on Election Day. But this isn't the only concern. Once Election Day comes to pass, many are worried that litigation will follow and that the results and final decision will go all the way to the Supreme Court. Joining us to discuss are Dale Ho, Director of ACLU's Voting Rights Project, and Leah Litman, a law professor and co-host of the Strict Scrutiny podcast. They break down what's going on in the Courts and what we can all do to help.

Chase Strangio on the New Frontier of Attacks on Trans Youth Sep 24, 2020

September is in full swing, and millions of students across the US are returning to school, though for many, this year looks like none other. As school districts across the country grapple with how to resume classes during a pandemic, many districts and their trans students are facing additional hurdles. The Department of Education is now threatening to withhold funding from Connecticut schools that allow trans girls to compete on girls sports teams. Elsewhere, in spite of recent high profile victories affirming trans students’ right to use restrooms that match their gender, attacks on this right continue. And in state legislatures across the U.S., we’ve seen an alarming spate of bills attacking the rights of trans youth. Chase Strangio, Deputy Director for Transgender Justice for the ACLU’s LGBT Project, last joined us on At Liberty back in June, after a historic Supreme Court victory affirmed that employers cannot fire or discriminate against someone simply because they are LGBTQ. A few months later, that victory and his amazing career fighting for trans rights have landed him on TIME magazine’s list of the 100 most influential people of 2020. Now, with students heading back to school — whatever that looks like — Chase joins us to talk about the battle for trans rights in and out of schools.

Will the Fate of the USPS Affect Voter Access? - At the Polls Series Sep 22, 2020

It’s no secret that the postal service has been under attack. Earlier this year, President Trump appointed one of his supporters to serve as Postmaster General. Then, just a few months from the election, that appointee, Louis DeJoy, ordered changes to how the postal service operates. Here’s the problem: it appears those changes could be politically motivated and could impact our ability to access the polls through vote-by-mail this fall. Joining us this week to discuss are Bobby Hoffman, ACLU's Voting Rights Advocacy and Policy Counsel, and Joyce Harris, a postal worker.

The Psychology of Social Isolation Sep 17, 2020

As many Americans stare down the end of their sixth month of social distancing, we are re-running a conversation we recorded back in April, that still has relevance to our lives today. For some people, the advent of social isolation came long before the coronavirus. At the ACLU, we work with many communities that deal with the long term impacts of social isolation. People living with disabilities who often experience accessibility issues, people held in detention, and people imprisoned in solitary confinement, just to name a few. We'll hear from folks impacted by chronic isolation as well as professor of psychology and neuroscience at Brigham Young University, Dr. Julie Holt-Lunstad.

What Will Election Night Look Like in a Global Pandemic? - At the Polls Series Sep 15, 2020

For the launch of our podcast series, At the Polls, we are answering your questions about voting in the lead up to the election. Our first question is: What will election night look like in a global pandemic? Election night is a quintessential American tradition. The votes come in and television networks begin to report the results. Ultimately, well into the night, the election is called, one candidate concedes to the other, and we all get to watch it all happen live. But, what happens when millions of people decide to mail in their votes due to COVID-19 and precincts just can’t process these votes as quickly? What does a delay in results mean? If you have a question you’d like us to answer about voting, call us and leave a message at 212-549-2558. Or, email us podcast@aclu.org. We look forward to hearing from you.

The Myth of the "Bad" Immigrant Sep 10, 2020

Immigrant communities are often asked to “get right with the law,” but is the law right in the first place? That’s what our guest Alina Das asks in her new book No Justice in the Shadows. She taps her experience as the daughter of immigrants and as an immigration attorney to ask whether immigrants who violate the law should be detained or deported. Too often, she argues, our immigration system is used as a tool of discrimination and oppression, rather than as a tool of justice, and the consequences are dire. Our current immigration system is breaking up families, forcing people to face persecution – even death – in their home countries, and it’s all based on a false premise of ensuring public safety and national security. Das is a professor of clinical law and supervising attorney at NYU School of Law. She is also the Co-Director of the Immigrant Rights Clinic. We’ve got some exciting news here at At Liberty. Starting on September 15th, we’re launching a special 2020 voting series called At the Polls. This will be in addition to our normal At Liberty episodes. Each week, we’re answering a new question about voting rights in the lead up to the presidential election. If you have a question you’d like us to answer, call us and leave a message at 212-549-2558. Or, email podcast@aclu.org. We so look forward to hearing from you. And until next time, stay strong.

Why Evicting Millions During a Pandemic is Bad for Our Democracy Sep 03, 2020

As the COVID-19 pandemic stretches on, people across the country face the economic devastation left in its wake. Along with staggering unemployment numbers, millions of renters now face eviction — a situation made even more dire by the global health crisis. Congress responded by instating an eviction moratorium for more than 12 million rental units across the country. But that moratorium expired on July 24th. This week, the Center for Disease Control introduced another moratorium, protecting certain renters in certain circumstances until the new year. But that still leaves many unprotected, and those who are protected remain burdened with a hefty bill due in 2021. ACLU Senior Staff Attorney Sandra Park has monitored this situation since the start of the pandemic and has litigated discriminatory eviction policies in the U.S. for almost two decades. She joined us this week to explain the current crisis. A BIG ANNOUNCEMENT! Starting on September 15, we’re launching a special 2020 voting series called At the Polls. This will be in addition to our normal At Liberty episodes. Each week, we’re answering a new question about voting rights in the lead up to the presidential election. If you have a question you’d like us to answer, call us and leave a message at 212-549-2558. Or, email us podcast@aclu.org. We look forward to hearing from you. ACLU Senior Staff Attorney Sandra Park has been monitoring this situation since the start of the pandemic. She has litigated discriminatory eviction policies in the U.S. for almost two decades, and she joined us to explain the latest. A BIG ANNOUNCEMENT! Starting on September 15th, we’re launching a special 2020 voting series called At the Polls. This will be in addition to our normal At Liberty episodes. Each week, we’re answering a new question about voting rights in the lead up to the presidential election. If you have a question you’d like us to answer, call us and leave a message at 212-549-2558. Or, email us podcast@aclu.org. We look forward to hearing from you.

A Not So Happy Meal: McDonald's Can't Fix America's Race Problem Aug 27, 2020

The golden arches. The happy meal. These are phrases that immediately mean something to most Americans. In fact, with more than 36,000 restaurants in 100 countries, McDonald's may well be one of the most recognizable brands in the world. But today, we're focusing on a much lesser-known side of the fast-food giant, looking at McDonald's role in Black America. Joining us to talk about how the struggle for civil rights and the expansion of the fast-food industry have shaped each other is Dr. Marcia Chatelain, a professor of history and African American studies at Georgetown University and the author of Franchise: The Golden Arches in Black America and Fran Marion, McDonald's franchise worker and organizer with Fight for 15. A BIG ANNOUNCEMENT! Starting on September 15th, we’re launching a special 2020 voting series called At the Polls. This will be in addition to our normal At Liberty episodes. Each week, we’re answering a new question about voting rights in the lead up to the presidential election. If you have a question you’d like us to answer, call us and leave a message at 212-549-2558. Or, email us podcast@aclu.org. We look forward to hearing from you.

College Athletes and the Systems that Silence Them Aug 20, 2020

Sports have long been an arena where civil rights and civil liberties questions have taken center stage: Track and field star Tommie Smith raised his fist for racial justice on the 1968 Olympic podium. Tennis great Billie Jean King fought for equal pay for women. And, Olympic runner Caster Semana challenged intersex bigotry to be able to compete. But one group of athletes has often kept quiet during social movements: college athletes -- largely because the institutions they play for silence them. At a time when racial justice conversations have ignited across the country, we’re taking a look at how universities silence their athletes and the barriers to holding those universities accountable. Joining us to talk about college athletes and free speech is Frank LoMonte, First Amendment lawyer and director of the Brechner Center for Freedom of Information at the University of Florida and Toren Young, former football player at the University of Iowa.

The Black Women Behind the Ongoing Fight for Suffrage Aug 13, 2020

We’re coming up on the 100th anniversary of the 19th Amendment which was ratified on August 18th, 1920 and then certified eight days later. The 19th Amendment inked women’s suffrage into American history, a culminating moment in an effort to win political power. But the ordained heroes of women’s suffrage – like Elizabeth Cady Stanton, Susan B. Anthony, and later Alice Paul – often tossed out the leadership and movement-building of Black women. The absence of those voices from the popular historical record has obscured the centuries-long role that Black women have played in expanding voting rights. And, of course, we’re releasing this episode just days after presidential candidate Joe Biden announced Senator Kamala Harris as his running mate, which marks the first time a woman of color is on a major party ticket. Joining us to discuss how the history of voting rights has led us to this moment is Martha S. Jones, the Society of Black Alumni Presidential Professor, and professor of History at Johns Hopkins University. She is also the author of a new book called Vanguard: How Black Women Broke Barriers, Won the Vote, and Insisted on Equality for All.

The Constitutional Crisis Wrought by Trump's Federal Troops Aug 06, 2020

In the last month, we’ve seen the Trump administration deploy federal law enforcement officers to Portland, Oregon. Those agents have been documented using sharpshooters to maim protesters, sweeping people away in unmarked cars, and attacking journalists, legal observers, and medics with tear gas. The federal government just agreed to withdraw most of the federal presence there, but simultaneously announced they plan to send agents to other cities including Cleveland, Detroit, and Milwaukee to quote “fight violent crime.” Critics, including the ACLU, are concerned about how this presence encroaches on fundamental civil rights and are calling for an end to federal abuses. Hina Shamsi, the Director of the ACLU’s National Security Project, joins to discuss.

"Crip Camp" Directors on the Overlooked Disability Rights Movement Jul 30, 2020

July 26th marked the 30th anniversary of the Americans with Disabilities Act, or the ADA. The ADA is a federal law that requires businesses, employers, public facilities, schools, and transportation agencies to make accommodations for disabled people, and helps weed out basic discrimination. When President George HW Bush signed the ADA into law in 1990, it was one of the most comprehensive pieces of civil rights legislation in American history. But the disability rights movement didn’t begin or end with the ADA. In spite of the law’s existence, Americans with disabilities still face discrimination and other barriers to equal rights and opportunities. Today, even though nearly 50 percent of Americans live with at least one disability, few know the history of the fight for disability rights. With Crip Camp, a new documentary on Netflix, filmmakers Jim LeBrecht and Nicole Newnham fill in some of that history through the personal and political stories that started the rise of a movement.

Should We Abolish The Police? Jul 23, 2020

Since the protests decrying the murder of George Floyd began in May, the institution of American policing has taken center stage. Activists are calling for change, and the phrase "defund the police" can be heard in cities across the country. As the concept of slashing police budgets and reinvesting those resources into Black and Brown communities goes increasingly mainstream, a more radical call is also gaining attention: Abolish the Police. Joining us to talk abolition, divestment, and what a world without police might look like are attorney, author, researcher, and organizer Andrea Ritchie, and senior staff attorney for the ACLU’s Trone Center for Justice, Carl Takei.

Padma Lakshmi on Immigration, Food, and Authorship Jul 16, 2020

Recently, we've seen a reckoning in the culinary world around the whitewashing and co-opting of ethnic food. The industry has long been controlled by a certain few who have authored and then profited from the foods we eat and the stories we share. But the tide is turning. And our guest for this episode, Padma Lakshmi, is part of that and is part of that movement. You've likely seen her tasting and critiquing some of the best chefs in the U.S. on Top Chef, sharing her favorite recipes across social media and advocating for immigrants rights and women's rights. Padma has a long list of accomplishments. She sits on the Jane Spirit Leadership Committee, is an Emmy nominated host and executive producer, a New York Times best selling author, founded the Endometriosis Foundation and is an ACLU artist ambassador for women's rights, immigrants rights. If that wasn't enough, she's joining us today to talk about her new Hulu show, Taste the Nation, where she breaks down important questions about the influence of immigration on American food and culture.

The Supreme Court Term No One Expected Jul 10, 2020

The Supreme Court term just came to a dramatic close. We saw wins for LGBTQ plus rights, DACA recipients, abortion rights, Native American tribal authority and a vindication that executive privilege is not absolute. But it wasn't all good news. The court issued a blistering rebuke on the rights of asylum seekers to have their day in court. We are here with ACLU legal director and experienced Supreme Court litigator David Cole. He will help us make sense of the term’s wins and losses and preview what's to come in the fall.

How Reproductive Justice Is Part of an Anti-Racist Agenda Jul 09, 2020

The calls of activists have forced a national reckoning with the legacy of white supremacy in our country. That reckoning has led us to an examination of systems that exert control over Black lives, from policing to reproductive health care. There is a long history of the ways that reproductive freedom has been denied to Black women. And there is an important story of the ways that people of color, led by Black women, have built movements to liberate themselves and reclaim freedom. Joining us to discuss is Renee Bracey Sherman, the founder and executive director of We Testify, an organization dedicated to telling the stories of people who have had abortions.

Activist Brittany Packnett Cunningham on Building a Lasting Movement Jul 02, 2020

In the last month, protests have erupted across the country calling for justice for Black lives, a wholesale restructuring of policing, and a greater racial reckoning across all facets of American society. It feels like change is in the air. But we’ve been here before: Eric Garner was killed by police in New York City in July 2014, followed weeks later by Michael Brown in Ferguson, Missouri, igniting outrage and protest. Activists then hoped for change too. We’ve seen countless social justice movements surge in popularity, cause a stir, and then peter out weeks or months later. This time, however, feels different, but how do we actually ensure that it is different? Activist, educator, and writer, Brittany Packnett Cunningham, who has been on the frontlines of these conversations most prominently since the Ferguson protests, join us to discuss how we sustain movements and compel real change.

Supreme Court Decision Undermines the Rights of Asylum Seekers Jun 26, 2020

The Supreme Court decided in a 7-2 decision to deny certain asylum seekers their right to have their day in court. This decision follows the Trump administration’s relentless attacks against asylum seekers, including closing the border and other ports of entry during the COVID-19 pandemic. In March, Lee Gelernt, the ACLU’s Deputy Director of the Immigrants’ Rights Project argued the case of Department of Homeland Security v. Thuraissingam, defending the rights of Vijayakumar Thuraissigiam, an asylum seeker from Sri Lanka who fled ethnic persecution. Lee joins us today to break down the decision and its broader impacts on the immigration system.

All the President's Subpoenas Jun 25, 2020

President Trump’s financial records and tax returns have been a recurring focal point since his election. Both the Manhattan District Attorney and various House Committees are asking to see these records in order to conduct their investigations into potentially unlawful behavior. But the president and his attorneys claim both that Congress is overstepping its power in requesting that information, and that the President of the United States should be immune to such subpoena requests. We now await decisions in two Supreme Court cases that could force President Trump’s hand and require his accounting firm and banks to turn over business records and financial disclosures. Joining us today on the podcast to help break down the importance of these two cases is Steve Shapiro, an ACLU legend and former legal director who came out of retirement to co-author an amicus brief for one of these cases.

A Trans Organizer on the Movement to Decriminalize Sex Work (ep. 105) Jun 18, 2020

Public opinion and the law of the land aligned this week to affirm trans equality in America: Thousands of people took to the streets of New York City over the weekend to remind their community and the nation: Black trans lives matter. Then on Monday, the Supreme Court handed down a landmark decision establishing that under federal law, it's unlawful to fire someone just because they’re part of the LGBTQ community. Still, there's so much more to be done to protect and uplift trans people nationwide. LaLa Zannell, the ACLU's Trans Justice Campaign Manager, joins the podcast this week to talk about the state of the movement for Black trans lives, and why decriminalizing sex work is a meaningful and concrete next step as we continue to fight for true equality.

A Landmark Supreme Court Decision Affirms LGBTQ Rights Jun 16, 2020

It’s been over 50 years since Black and Brown trans women led the revolutionary Stonewall Riots, fighting back against police brutality and discrimination and launching a movement for equality. Today, we celebrate another incredible landmark in the fight for LGBTQ rights. In a 6 to 3 decision, the Supreme Court affirmed that it is illegal for employers to fire or otherwise discriminate against someone simply because they are LGBTQ. This will go a long way towards affirming legal protections in education, housing, credit, and health care — areas where too many LGBTQ people, particularly Black and Brown LGBTQ people, still face discrimination. Chase Strangio, the Deputy Director for Trans Justice for the ACLU’s LBGT and HIV Project, joins the podcast to help breakdown this historic decision. If you want to donate to our continued fight for LGBTQ rights, please visit aclu.org/liberty!

Policing the Press: A Journalist on the Frontlines Jun 11, 2020

Journalists covering protests against police brutality across the country are facing an influx of violence, suppression efforts, and arrests by police. According to The U.S. Press Freedom tracker, there have been over 300 claims of violations to press freedoms since the protests began. These violations include being assaulted with pepper spray and rubber bullets, dealing with damaged equipment, and even facing arrest. Joining us today on the podcast is Jared Goyette, a freelance reporter who was covering a local Minneapolis protest when he was hit in the eye with a police projectile. He is now the named plaintiff in a lawsuit the ACLU of Minnesota filed last week against the City of Minneapolis, seeking justice for the violence he and other journalists experienced covering the protests. Content Warning: This podcast episode contains sounds of violence including rubber bullet gunshots, tear gas, and protesters calling for help.

Why Is It So Hard to Hold Police Accountable? Jun 04, 2020

Police are supposed to “protect and serve” the community, but that’s a far cry from what modern-day policing often looks like in our country. The recent murders of Breonna Taylor, Tony McDade, George Floyd, and others highlight the need for drastic systemic change, yet again. ACLU Policing Policy Advisor Paige Fernandez walks us through the history of our problematic policing systems and explains both why it's so hard to hold police accountable and how the ACLU is addressing this moving forward.

Anthony Romero on Leading in Times of Crisis May 28, 2020

Anthony Romero has been the Executive Director of the ACLU for nearly 20 years. He’s seen the organization through periods of massive growth and numerous national crises. Romero started the job just seven days before September 11, 2001. The subsequent so-called War on Terror presented new and widespread restrictions to our civil rights and civil liberties. Now, he faces a new challenge, leading the ACLU during the COVID-19 pandemic. He joined us to discuss how the ACLU is navigating the current moment and responding to the crisis.

100 episodes, Two Years, and One Pandemic Later May 21, 2020

Over the last two years, we've talked with civil rights leaders, organizers, journalists, artists, ACLU lawyers and people whose lives have been affected by the civil rights and liberties issues of our day. We've covered family separation at the border, talked to founders of the Me Too and Black Lives Matter movements. And we even spoke via video link with Edward Snowden. To mark our 100th episode, current Host, Emerson Sykes, and former Host, Lee Rowland, look back at some of our most memorable At Liberty moments. They discuss how much has changed in the world since 2018 and how many of these conversations still resonate with the questions we’re wrestling with today. What's your favorite episode of At Liberty? Who do you want to see as a guest during our next 100 episodes? Tweet us tagging @ACLU and using the #AtLiberty! We'd love to hear from you.

DeRay McKesson on the Threat to Protesters' Rights May 14, 2020

Over the last few weeks, various protests have erupted across the country in the midst of the COVID-19 pandemic. Some are related to the virus: protestors in Ohio and Michigan took to the state capitols to call for an end to their governors' stay-at-home orders. Others are calling out an ongoing injustice: the killing, often at the hands of the state, of Black Americans. The rights of participants in protests across the spectrum could be at stake unless the Supreme Court weighs in on an important decision. In this episode, we speak with DeRay McKesson, an activist at the center of an important ACLU case that threatens our right to protest. In 2014, DeRay protested the killing of Mike Brown by police in Ferguson, and he’s been fighting on the front lines of the Black Lives Matter movement ever since. In 2016, he was arrested after another protester (we don’t know who) threw something (we don’t know what), injuring a police officer (whose name we don’t know). If this case is allowed to move forward, it could mean the end of taking to the streets to stand up for our rights. We’ve asked the Supreme Court to stop this dangerous lawsuit in its tracks.

Poetry, Prison, and the Pandemic May 07, 2020

Our guest today is Reginald Dwayne Betts, a poet, memoirist, and legal scholar. Loyal listeners will remember our conversation from March of 2019. The episode was called “A Poet Gives a 360 Degree View of The Criminal Legal System,” and we talked about Dwayne’s journey from a teenage defendant sentenced to 9 years in prison to a Yale Law School graduate and published poet. A lot has happened since we last spoke. Dwayne published a new book of poetry called Felon and had an exhibit at P.S. 1 MoMA with painter Titus Kaphar called Redaction. If that wasn't enough, Dwayne also completed a clerkship with a federal judge and is pursuing a PhD in law at Yale. And of course, this episode is being recorded months into a global pandemic, that poses particular risks for people in detention. Today we’ll discuss the impact COVID-19 is having on incarcerated people, what we should do to support the thousands of people who are getting out of detention as a result of the efforts by the ACLU and others, and how art can help us get through these uncertain times. Listen to our first episode with Reginald Dwayne Betts: https://podcasts.apple.com/us/podcast/a-poet-gives-a-360-degree-view-of-the-criminal-justice-system/id1396174920?i=1000432665627.

A COVID-19 Balancing Act: Public Health and Privacy Apr 30, 2020

Over the next month, states will start to loosen their COVID-19 stay-at-home restrictions. Some of us will return to work, gather in small groups, and maybe even dine at a neighborhood restaurant. But what will it take to keep us safe and prevent new spikes in infections? Many experts say we will not be out of the woods until there's a vaccine, but how would a national vaccination plan even work? At the same time, technological solutions are being proposed, especially related to contact tracing, the process by which public health officials can map and anticipate the spread of a virus, but technological solutions raise a whole host of questions on their own regarding privacy and civil liberties. Today we're joined by professor Michele Goodwin, the founding director of the center for biotechnology and global health policy at the University of California Irvine school of law, and ACLU staff attorney Jennifer Granick who leads our work on surveillance and cybersecurity. For more on this topic, check out Michele Goodwin's interview on Slate's Amicus podcast: https://slate.com/podcasts/amicus/2020/03/law-of-pandemics-coronavirus. And, read Jennifer's article on Apple and Google's Coronavirus tracking proposal: https://www.aclu.org/news/privacy-technology/apple-and-google-announced-a-coronavirus-tracking-system-how-worried-should-we-be/.

Centering Racial Equity in the Fight to Legalize Marijuana Apr 23, 2020

Public opinion on marijuana legalization has shifted in recent years—roughly two-thirds of all Americans are now in favor of national legalization, according to a recent Pew Research Study. However, a new ACLU report called "A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform,” shows that despite legalization and decriminalization efforts, many of them successful, marijuana arrests continue. Black people are 3.64 times more likely to be arrested for marijuana possession than a white person. According to the FBI, in 2018, police made more marijuana arrests than for all violent crimes combined. Today's episode features two people who’ve been focused on marijuana legalization and racial equity: Dominique Coronel, a young activist from Illinois whose life has been deeply impacted by marijuana arrests, and Zeke Edwards, the Director of the ACLU’s Criminal Law Reform Project, and a lead author of the report. They are both working to ensure that when legalization or decriminalization measures pass, the Black and brown communities that are hardest hit by prohibition are not left out of the legal cannabis industry. View the new report here: aclu.org/marijuana.

What it's like in ICE Detention During a Pandemic Apr 16, 2020

The Coronavirus has spread quickly through communities around the world, prompting physical distancing measures to keep people safe and “flatten the curve.” But people in custody are especially at risk because they are often held in close quarters and lack decent medical care. Currently, nearly 36,000 people are being held by Immigration and Customs Enforcement, known as ICE, and they are all in grave danger. Almost immediately after the virus broke out, the ACLU and other advocates began arguing for the release of especially high-risk detainees, including people who are elderly or have serious medical conditions. To date, the ACLU and our affiliates have filed more than a dozen lawsuits across the country and more than 50 detainees have been released due to our efforts. ICE has now committed to releasing an additional 600 medically vulnerable detainees. In this episode, we hear from two people who were recently released from detention after our litigation, Alfredo Esparza and Mario Rodas Sr, and some of their family. Then we speak with Eunice Cho, senior staff attorney at the ACLU’s National Prison Project, who has been leading this litigation effort.

Isolation, Before and During a Pandemic Apr 09, 2020

As many Americans stare down the end of their first month of social distancing, it’s clear that the toll of “stay at home” orders during the COVID-19 pandemic is much more than economic. The anxiety and fear that wash over us each day that we spend alone, away from friends, coworkers, and family, inflict their own kind of emotional damage. The cost of social isolation is a worthy cost in this case — staying home can quite literally save lives. But for some people, the advent of social isolation came long before the coronavirus. At the ACLU, we work with many communities that deal with the long term impacts of social isolation. People living with disabilities who often experience accessibility issues, people held in detention, and people imprisoned in solitary confinement, just to name a few. Joining us today is Dr. Julianne Holt-Lunstad, a professor of psychology and neuroscience at Brigham Young University who understands the impacts of isolation and how we can mitigate them for both ourselves and others. We also spoke with a few people -- Anna Landre, TreShaun Pate, Jason Hernandez and Claire Goldberg -- who know a thing or two about social distancing. Their circumstances have made them familiar with isolation long before COVID-19. Further episode reading: https://www.washingtonpost.com/opinions/2020/03/24/i-survived-solitary-confinement-you-can-survive-self-isolating/ https://www.theguardian.com/world/2020/mar/18/coronavirus-isolation-social-recession-physical-mental-health

COVID-19 Response: Shrink the Criminal Justice Footprint Apr 02, 2020

As the coronavirus continues to spread across the country, the nation’s jails and prisons have become ripe breeding grounds for COVID-19. Millions of people who interact with our criminal justice system are at risk. Last weekend marked the first COVID-related death of an inmate and new reports show that the rate of infection in prisons is far higher than their surrounding areas, evidence of the urgent need for states and cities to jump into action. Some are responding to the crisis by beginning to release people in jails and prisons who the Center for Disease Control (the CDC) deem "high risk" for contracting the virus. Others, however, are refusing to budge, leaving advocates, former judges, and district attorneys to call for change. A new poll shows 63% of registered voters would like to see people released during the unfolding pandemic. In this episode, you’ll hear from Lewis Conway, a National Campaign Strategist for the ACLU who has experienced incarceration, and also Udi Ofer, the ACLU’s Deputy National Political Director, on what prisons should be doing to prevent the spread of the virus. To sign our petition to call for the release of prisoners during the COVID-19 crisis visit: https://action.aclu.org/petition/stop-spread-covid-19-free-elderly-and-sick-prisons-and-jails

How the ACLU is responding to COVID-19 Mar 26, 2020

With the recent spread of COVID-19 in the United States, we now face a public health emergency unlike any we’ve seen in our work at the ACLU. Across the country, schools are closed, employees are adapting to new work from home policies, and some state and local officials have even implemented “shelter in place” orders. At the ACLU, we work with a variety of vulnerable populations. COVID-19 brings new concerns to our daily fight to protect civil rights and liberties. For this episode, we spoke with three of our colleagues Dale Ho, Michael Tan, and Maria Morris who work on voting rights, immigration, and prison reform, respectively, to learn about how COVID-19 is affecting their work. For more information on the ACLU's COVID-19 response visit: https://www.aclu.org/news/topic/covid-19-pandemic-response and follow us on Twitter: @aclu.

Megan Rapinoe on Gender Discrimination, Athlete Activism, and LGBTQ Equality Mar 19, 2020

Megan Rapinoe is a superstar soccer player who has become a global icon for her breathtaking play, her purple/pink hair, and her bold activism. She’s a World Cup champion, Olympic gold medalist, and co-captain of the U.S. Women’s National Soccer Team. She has also kneeled during the national anthem in solidarity with Colin Kaepernick and others to protest police brutality and she’s spoken out in favor of many progressive causes. Now she and her national teammates are demanding equal pay with their male counterparts and they’ve taken the issue to court. She joined us remotely to discuss the latest with this important pay equity lawsuit, the roots of her activism, and what it’s like to score a game-winning goal in the World Cup final.

Stacey Abrams Wants to Make Your Vote Count Mar 12, 2020

In 2018, Stacey Abrams ran for Governor of Georgia and lost by just 54,723 votes to Republican Brian Kemp, who was then serving as Georgia’s Secretary of State. Before Kemp entered the governor’s race, he purged 1.4 million voters and instituted many other policies to dissuade people from voting. It’s a story of the real-world impact of voter suppression. What happened in that race was egregious, but it was not unique. In the aftermath of the election, amidst calls for her to run for senate and even president, Stacey Abrams has devoted herself to voter protection. Now, with the presidential election underway, Abrams joins us on the podcast to share how her organization Fair Fight is educating, empowering, and motivating people to vote.

Supreme Court Dispatch: The Latest Threat to Abortion Access Mar 05, 2020

Abortion access is yet again under attack. Yesterday, the Supreme Court heard arguments in June Medical Services LLC v. Russo, a case that threatens to chip away at the constitutional right to a safe and legal abortion. The Court will decide whether or not a Louisiana law that requires abortion providers to have the ability to admit patients to a nearby hospital is constitutional. If allowed to go forward, that requirement would decimate access to abortion and open up the floodgates for similar laws in other states. On this week's episode, two lawyers from the ACLU's Reproductive Freedom Project, Brigitte Amiri and Andy Beck, join us from DC to share what they heard during yesterday’s oral arguments.

The Supreme Court Case Threatening Asylum Feb 27, 2020

Since President Trump took office, his administration has waged a series of attacks on asylum in the United States. They are restricting the number of asylum cases heard in a given day, sending asylum seekers to other countries to await review, and even working to bar specific groups of people from the process entirely. Now, a case before the Supreme Court threatens the right of asylum seekers to have their day in court. The decision will impact not just the civil liberties of asylum seekers, but all of us. On this episode we speak with Lee Gelernt, Deputy Director of the ACLU’s Immigrants’ Rights project who will be arguing to protect this right before the Supreme Court.

"Your hair is okay. You are okay." Feb 20, 2020

This year, Hair Love, a story about a black girl and her dad navigating natural hairstyles, won the Oscar for animated short and three beauty pageant winners wore natural hairstyles under their crowns. But as more and more people step out into the world celebrating their natural hair, they are also being met with school and workplace dress codes that punish them under the auspice of "professionalism." Hair discrimination is a form of racial discrimination, but judges have been hesitant to say so because unlike skin color, people can change their hairstyles. But should they have to? On this episode of At Liberty, we speak with Mya and Deanna Cook, two students who faced and fought hair discrimination in their school and Ria Tabacco Mar, director of the ACLU's Women's Rights Project. For more, follow us on Twitter @ACLU and @EmersonSJSykes.

The Regulation of Marriage and Sex Feb 13, 2020

This Valentine's Day, we're re-running one of our favorite episodes. Melissa Murray, NYU Law professor and expert on the legal regulation of sex and sexuality joins us to discuss the legal institution of marriage as it has been used by and against marginalized people, and to consider the victories and setbacks in the fight for marriage – and non-marriage – equality.

Land, Language, and Lifeways: What Native Americans Lost Feb 06, 2020

The Supreme Court will soon hear arguments in a case that will decide whether nearly half of Oklahoma is legally an Indian Reservation. The Court’s decision could have massive implications for tribal sovereignty and subsequently, many other Native issues that are impacted by jurisdictional power. Our guest this week is Rebecca Nagle, an activist, writer, artist, and citizen of the Cherokee Nation, whose Crooked Media narrative podcast, “This Land” explains the process by which native people in Oklahoma lost their land and the court case that could help restore it. This live discussion took place at the Brooklyn Public Library’s Night of Philosophy and Ideas. For more follow: Rebecca Nagle: @RebeccaNagle Emerson Sykes: @EmersonSJSykes ACLU: @ACLU

Harnessing History and Solidarity to Stop Migrant Detention Jan 30, 2020

The U.S. has a long history of detaining and incarcerating communities of color under the auspice of protecting its national security. Today, on Korematsu Day, we honor and celebrate the legacy of those who stood up against the mass incarceration of Japanese Americans during World War II. On this episode, we speak with Linda Morris, an ACLU fellow and a descendant of Japanese American prisoners incarcerated in U.S. camps during WWII, who is engaging her own family history to stand in solidarity with immigrants currently detained by ICE. Looking for more? Follow us: @ACLU and @EmersonSJSykes on Twitter.

Fighting for Justice After Execution Jan 23, 2020

In 2017, Arkansas announced a plan to execute eight people in 10 days because the state’s lethal injection drugs were about to expire. The first person executed was Ledell Lee. He was convicted of the 1993 murder of Debra Reese and sentenced to death. But his trials and appeals were plagued by problems from the start. DNA and fingerprints found at the scene of the crime were never tested before his execution, and new analysis from the nation’s top forensic experts provides strong reason to believe he may have been innocent. Cassandra Stubbs, Director of ACLU’s Capital Punishment Project, joins the podcast to discuss a new lawsuit the ACLU is filing to finally uncover DNA evidence that could potentially exonerate Lee.

Ayelet Waldman on the ACLU’s 100 Year Fight Jan 16, 2020

This weekend, we celebrate the ACLU’s 100th birthday. To commemorate the centennial, novelist and essayist Ayelet Waldman and her husband Michael Chabon edited an anthology of essays from today’s most prominent writers reflecting on landmark ACLU cases. The book is called Fight of The Century, and it features authors like Jesmyn Ward, Dave Eggers and Salman Rushdie, among many others. Waldman joins us to discuss the power of storytelling in both literature and litigation, and what compelled her to take on this project.

Ruth Bader Ginsburg's Stamp on the ACLU Jan 09, 2020

This week, we are bringing back a very special episode from 2019 featuring our former director of the Women’s Rights Project, Lenora Lapidus. Lenora passed away just a few months after the interview, having fought a long battle with cancer. She started as an intern in 1988, later served as legal director of the ACLU of New Jersey, and for nearly two decades led the ACLU’s Women’s Rights Project, which was founded by Ruth Bader Ginsburg. During this memorable conversation, Lenora reflects on her own journey as a women’s rights advocate, and Ruth Bader Ginsburg’s lasting impact on the ACLU.

How To Stop Your City from Spying on You Jan 02, 2020

Surveillance technology is slowly encroaching on every part of our lives. With regulation at the federal level slow to materialize, local governments are taking action. Since this episode first ran in July, more American cities in California, Massachusetts, and Maine passed local laws to ban the use of facial recognition technology by police and other government agencies. Is local advocacy our best bet for keeping the surveillance state at bay? Kade Crockford, director of the Technology for Liberty Program at the ACLU of Massachusetts, discusses a growing local movement to protect privacy.

What We Do At The ACLU, Told By Our Kids Dec 23, 2019

For a special year-end holiday episode, we decided to ask some ACLU staff to have a conversation with their kids about the work they do. On this episode, you’ll hear kids learn about gerrymandering, how we inform legislation, the Keystone XL Pipeline and what kinds of snacks we keep nearby. Thanks for all of your support in 2019! We have some great conversations to share in the new year.

A Case for Religious Liberty Dec 19, 2019

At the ACLU, we receive lots of holiday mail, and not all of it brings tidings of comfort and joy. In this episode, we share a few letters that accuse the ACLU of being "anti-Christian" or "anti-religion.” To respond and dispel the falsehood, At Liberty spoke with Dan Mach, the director of the ACLU’s Program on Religious Freedom and Belief. Mach tells us about the uphill battle of protecting religious liberty, and how the separation of church and state serves people of all faith backgrounds.

Pregnancy Discrimination a Mile High Dec 12, 2019

This week, the ACLU's Women's Rights Project filed a pair of federal lawsuits against Frontier Airlines for discriminating against pregnant and breastfeeding employees. We talked to flight attendant Melissa Hodgkins and pilot Shannon Kiedrowski about their experiences working for Frontier, and senior staff attorney Galen Sherwin, about the lawsuit.

Why Incarceration Doesn't Reduce Violence Dec 05, 2019

Mass incarceration in the U.S. is an indisputable fact, but most reforms focus on nonviolent offenses. As uncomfortable as it may be, we can't dismantle mass incarceration without changing the way we think about, talk about, and respond to violence. At Liberty spoke with Danielle Sered, who is doing just that with her organization Common Justice, and her book, Until We Reckon: Violence, Mass Incarceration, and a Road to Repair.

Sergio de la Pava on Literature and Law Nov 27, 2019

Sergio de la Pava is a critically acclaimed novelist (A Naked Singularity, Personae, Lost Empress) and a full-time public defender who has represented thousands of criminal defendants over the last two decades. Earlier this year, he joined At Liberty live at the Brooklyn Public Library to discuss his literary and legal work and his approach to life.

Fighting for Civil Liberties, and Tofurky, in Arkansas Nov 21, 2019

This year, the ACLU of Arkansas celebrates 50 years of protecting civil liberties. From challenging voter ID laws, to protecting the right to boycott, to defending the First Amendment rights of Tofurky, the ACLU of Arkansas has a fascinating docket and history of defending the rights of Arkansans. Holly Dickson, the organization’s legal director and a lifelong Arkansan, joins At Liberty to discuss her work.

Why the FBI Ignores White Supremacist Violence Nov 14, 2019

The FBI is supposed to keep us safe, protect our rights, and defend the rule of law. Yet for more than a century, the FBI has aggressively targeted dissidents, gone after minorities, and overstepped its authority in ways that have defined American policing. Mike German, a former FBI agent, discusses his new book and how a post-9/11 FBI has exacerbated divisions in American society even as it has ignored the rise of white supremacist violence.

Monitoring Facebook for Ad Discrimination Nov 07, 2019

Facebook has come under a lot of scrutiny lately, for everything from its policy on political ads to its logo. But one development that's gotten less attention is its new portal for advertisers. Now, advertisers for housing, employment, and credit no longer have the option to target their ads at certain demographic groups in a discriminatory way. That's because of a landmark settlement that recently went into effect. Earlier this year, we talked with ACLU attorneys Galen Sherwin and Esha Bhandari, who were involved in securing major changes to Facebook's ad targeting practices.

Marriage as a Tool of White Supremacy Oct 31, 2019

The Supreme Court struck down bans on interracial marriage in Loving v. Virginia, the landmark ACLU case decided in 1967. But the government‘s regulation of marriage and sex didn’t start with anti-miscegenation laws or end with Loving. Melissa Murray — an expert in family law, constitutional law, and reproductive rights and justice at the New York University School of Law — discusses why the institution looms so large in America's past and present. This episode was recorded live at the Brooklyn Public Library, as part of “‘Til Victory is Won,” an evening commemorating the 400th anniversary of the arrival of the first enslaved Africans to America’s shores.

A Humanitarian Crisis of Our Own Making Oct 24, 2019

As a result of a Trump administration policy forcing asylum seekers to wait in Mexico while the U.S. considers their cases, tens of thousands of people are stranded in squalid and dangerous conditions on the other side of the southern border. Scores of people who are fleeing persecution have been kidnapped, extorted, and sexually abused at the hands of cartels and criminal gangs. Shelters are overwhelmed, and many asylum seekers are homeless. Ashoka Mukpo, a journalist working at the ACLU, recounts what he saw on a recent visit to the border. And Astrid Dominguez, director of the ACLU's Border Rights Center, discusses the broader fight for immigrants rights.

Abortion Rights: A Tale of Two States Oct 17, 2019

While abortion restrictions have left six states with only a single clinic standing, other states are finding ways to expand access. We speak with Heather Gatnarek, a staff attorney at the ACLU of Kentucky, who is helping fend off sustained attacks on what remains of reproductive care in that state. And we hear from Zach Heiden, legal director of the ACLU of Maine, where abortion was just made more affordable and accessible.

The Most Racist Supreme Court Decisions You've Probably Never Heard Of Oct 10, 2019

Puerto Rico's U.S. citizens don't enjoy the full protections of the Constitution, thanks to a set of century-old Supreme Court decisions called the "Insular Cases." In a case dealing with the island's financial oversight board, the ACLU has asked the court to overrule those decisions, which relied on openly racist assumptions to legalize the island's second-class status. Adriel Cepeda Derieux, a staff attorney with the ACLU’s Voting Rights Project, explains why it's time for the court to renounce the Insular Cases.

The Historic Trans Rights Case Before the Supreme Court Oct 03, 2019

On October 8, the Supreme Court will hear a set of cases deciding whether LGBTQ employees are protected under federal sex discrimination laws. In one of those cases, the ACLU is representing Aimee Stephens, a trans woman who was fired after she came out to her employer. Chase Strangio, one of Aimee's lawyers and deputy director of the ACLU's LGBT and HIV Project, discusses the stakes of the case.

Edward Snowden's Permanent Record Sep 30, 2019

In his new memoir, "Permanent Record," Edward Snowden tells the story of his evolution: A child of civil servants, he fell hard and fast for the internet of the 90s, ascended the intelligence community, and became one of the most famous whistleblowers in U.S. history. He joins ACLU Executive Director Anthony Romero for a live taping of At Liberty at the Brooklyn Public Library.

What to Expect From the Coming Supreme Court Term Sep 26, 2019

Another Supreme Court session is upon us, with the court set to reconvene in October following its summer recess. On the docket for the new session are cases that have important implications for LGBTQ rights, criminal justice, immigration, and more. David Cole, the legal director of the ACLU and an experienced Supreme Court litigator, joins At Liberty to preview the coming term.

Gavin Grimm, From Teen Activist to Trans Icon Sep 19, 2019

In 2014, Gavin Grimm was a high school sophomore in Gloucester County, Virginia. He had recently come out as transgender to school administrators who were initially supportive. However, following protests from members of the community, the school board reversed course and banned him from using the boy's restroom. That kicked off a high-profile legal battle over the rights of transgender students that continues to this day. Now 20 years old, Gavin is a college student, an ACLU client, and a leader in the fight for trans youth.

How the War on Terror Corrupted America Sep 11, 2019

Eighteen years after the attacks of September 11, 2001, a trial date was recently set for the men accused of plotting those attacks. But what has taken so long? And is a fair trial even possible? On this anniversary of 9/11, we're replaying an interview from last year with Hina Shamsi, director of the ACLU’s National Security Project. Hina talked to At Liberty about how America's response to 9/11 has corrupted our institutions and the role that torture has played in the process.

The Anti-Immigration Fervor That Swept America in the Early 20th Century Sep 05, 2019

Starting with the Muslim ban, the Trump presidency has consistently unleashed a barrage of new policies designed to keep immigrants out of the country. But while these restrictions might seem unprecedented, anti-immigrant rhetoric and policies have deep roots in our country. Today’s guest is Daniel Okrent, the award-winning writer of The Guarded Gate: Bigotry, Eugenics and the Law That Kept Two Generations of Jews, Italians and Other European Immigrants Out of America. He discusses the political dynamics behind the anti-immigrant zeal of the early 20th century and the junk science that was used to justify it.

A Former Prosecutor's 'Radical Thoughts' on the System Set Up to Control Black Men Aug 29, 2019

This week, we’re replaying an interview from earlier this year with Paul Butler, a scholar, former prosecutor and the author of "Chokehold: Policing Black Men." When we first spoke with Paul, his book had been banned in Arizona prisons. Arizona has since lifted its ban, and incarcerated people in Arizona can now read "Chokehold" and benefit from its insightful analysis of our mass incarceration crisis.

Nikole Hannah-Jones on The 1619 Project’s Reframing of American History Aug 22, 2019

Four hundred years ago this month, more than 20 enslaved Africans arrived in what was then the British colony of Virginia. To mark the anniversary of the beginning of slavery in America, The New York Times launched a major initiative called The 1619 Project. Through a special issue of the New York Times Magazine, along with a slew of other resources, the project centers slavery in our national narrative, tracking how the legacy of that brutal institution continues to manifest in every aspect of American life. Nikole Hannah-Jones — an award winning investigative journalist, a New York Times Magazine staff writer, and the driving force behind the 1619 Project — joins At Liberty to discuss the initiative.

Comedian W. Kamau Bell on Making Sense of America Aug 15, 2019

This week's guest is W. Kamau Bell: standup comedian, prolific podcaster, and host of his own show on CNN, "United Shades of America." He's known for his incisive socio-political commentary and activism, including on behalf of the ACLU, where he serves as an artist ambassador for racial justice. He joins At Liberty to discuss race, his show, Anthony Bourdain, parenting, and more.

How One Woman Took on Misogyny and Sexual Violence in the Military Aug 08, 2019

Anuradha Bhagwati has long been at the forefront of the fight for gender equality within the military. She is a former Marine Corps captain, a three-time ACLU client, and founder of the Service Women's Action Network, a lead plaintiff in a groundbreaking lawsuit challenging the military's ban on women serving in combat. Her recent book, “Unbecoming: A Memoir of Disobedience," details her experience as an Indian-American, bisexual woman in the Marines confronting a culture permeated by racism, misogyny and sexual violence.

Obstacles and Opportunities in the Fight for Police Accountability Aug 01, 2019

Last month, protests erupted when the Justice Department announced it would not bring civil rights charges against the NYPD officer who put Eric Garner in a fatal chokehold in 2014. Mr. Garner's death was one among countless examples of deadly police violence toward Black and brown people. Yet despite a growing outcry, most officers implicated in civilian deaths have escaped punishment. Carl Takei, a senior staff attorney at the ACLU who litigates police practices, joins At Liberty to discuss the way forward in the fight for police accountability.

The Constitution Gets the Broadway Treatment Jul 25, 2019

Heidi Schreck is the playwright and star of Broadway’s “What the Constitution Means to Me.” The play, which was nominated for two Tonys and was a Pulitzer finalist, was inspired by Schreck’s experience as a teenager competing in debates about the Constitution at American Legion halls across the country. As an adult, she revisits her personal connection to the document to see how it holds up in new light.

Have We Reached Peak Xenophobia Yet? Jul 18, 2019

It’s been a dizzying few days in U.S. immigration policy. Earlier this week, the Trump administration issued rules to ban most refugees arriving through the southern border. Despite legal setbacks, the administration continues to try to build a border wall. At the same time, the president has launched sustained attacks on four American congresswomen of color. Cecillia Wang, deputy legal director at the ACLU, talks to At Liberty about all of these developments and the ACLU's legal efforts to push back.

How to Stop Your City From Spying on You Jul 11, 2019

Surveillance technology is slowly encroaching on every part of our lives. With regulation at the federal level slow to materialize, local governments are taking action. Two American cities — San Francisco, Calif. and Somerville, Mass. — recently passed local laws to ban the use of facial recognition technology by police and other government agencies. Is local advocacy our best bet for keeping the surveillance state at bay? Kade Crockford, director of the Technology for Liberty Program at the ACLU of Massachusetts, discusses a growing local movement to protect privacy.

The Case for D.C. Statehood Jul 04, 2019

Hundreds of thousands of Washington, D.C. residents currently lack full political representation. Congresswoman Eleanor Holmes Norton, who represents them in the House of Representatives, is currently leading an initiative to make the District of Columbia the 51st state.

Making Sense of the Last Supreme Court Term Jul 01, 2019

It was another dramatic year for the Supreme Court. A new justice was sworn in against the backdrop of scandal. A beloved justice got sick and recovered. And, of course, major precedent-setting decisions were handed down. David Cole, the ACLU’s legal director and a seasoned Supreme Court litigator, makes sense of the highs and lows of the past term and talks through what’s to come when the court reconvenes this fall.

What the Supreme Court's Census Decision Means Jun 27, 2019

In one of the most highly anticipated decisions of its term, the Supreme Court ruled that the Trump administration cannot add a citizenship question to the U.S. census – at least not for now. Dale Ho, director of the ACLU’s Voting Rights Project, who argued the case, explains the decision.

The Next Frontier in Data Privacy Jun 20, 2019

This week marks the one-year anniversary of arguably the most important privacy ruling of the digital age. In Carpenter v. the United States, the Supreme Court ruled that police violated the Fourth Amendment when they secured months’ worth of a robbery suspect's location information from his cell phone company without a warrant. Nathan Freed Wessler, the ACLU attorney who argued and won the case, discusses Carpenter’s legacy and where the battle for digital privacy is headed next.

Why It's Time to Talk About Reparations Jun 13, 2019

As discussions about racism in America gain traction, so too does the question of reparations. Broadly defined as some form of repayment for the harms inflicted on enslaved peoples and their descendants, reparations have earned increased visibility thanks to advocacy by the National African-American Reparations Commission and other groups. The issue has become a 2020 presidential campaign issue and the House of Representatives will hold a hearing next week on H.R. 40, a bill to set up a commission to study the matter. Why is this happening now? How would reparations work in practice? And what are the prospects for genuine change? Jeffery Robinson, deputy legal director at the ACLU, joins At Liberty to discuss these questions and more.

Paul Butler on Policing Black Men and Transforming the System Jun 06, 2019

On this week’s episode, Georgetown Professor Paul Butler, a former federal prosecutor, joins At Liberty to discuss his book, "Chokehold: Policing Black Men"; how the criminal legal system has Black men in its grip; and why it's so hard to change the system from within.

The Latest Assault on Abortion Rights May 30, 2019

In the last few months, six states have passed laws that essentially ban abortion, and several other states have similar bills pending. Restrictions on access to abortion have been building for decades since the Supreme Court ruled in 1973 that abortion is a constitutional right. But these direct assaults on abortion represent a turning point. Brigitte Amiri, the deputy director of the ACLU’s Reproductive Freedom Project, has litigated several major abortion rights cases. She joins At Liberty to talk about how the new state bans could play out and what it’s like to be on the frontlines of the battle for reproductive rights.

At Liberty Live! Feat. Olivia Wilde and Katie Silberman on “Booksmart” May 23, 2019

Olivia Wilde and Katie Silberman, the director and the writer of the new movie “Booksmart,” joined At Liberty to talk about storytelling, casting without bias, and why "The Big Lebowski" was an inspiration. Wilde is known for her roles on TV shows such as “The O.C.” and “House” and in many films, including the Oscar-winning film “Her.” She is a longtime activist and a board member of the ACLU of Southern California. Katie Silberman has written for TV shows and movies, including “Set It Up” and “Isn’t It Romantic.” This episode was taped live at Brooklyn Public Library.

School Segregation 65 Years After Brown v. Board May 16, 2019

May 17 marks the 65th anniversary of Brown v. Board of Education, the 1954 Supreme Court case that declared state laws enforcing racial segregation in public schools unconstitutional. Yet more than six decades later, segregation in some public school systems is worse than ever. Dr. Ansley Erickson, associate professor of history and education at Columbia University's Teacher College, joins At Liberty to discuss Brown’s legacy and why desegregation has been so hard to achieve.

Wyatt Cenac on America’s Problem Areas May 09, 2019

Wyatt Cenac is an actor, writer, producer and comedian ("The Daily Show," “Medicine for Melancholy”). He joins At Liberty to discuss balancing comedy and social commentary and his new show “Wyatt Cenac’s Problem Areas,” now in its second season on HBO.

Abuse and Accountability at the Border May 02, 2019

Mitra Ebadolahi, staff attorney with the ACLU’s Border Litigation Project, joins At Liberty to debunk misconceptions about the border and discuss the fight to hold CBP accountable. For more information visit: www.holdcbpaccountable.org.

Discrimination in the Digital Age Apr 25, 2019

A few weeks ago, the ACLU and other civil rights organizations announced a landmark settlement with Facebook to prevent advertisers from using ad-targeting filters based on race, gender, and age on job, housing, and credit ads. But Facebook ads are only the tip of the iceberg when it comes to the use of algorithms to reinforce and automatize bias. ACLU attorneys Galen Sherwin and Esha Bhandari join At Liberty to discuss the impact of these technologies on people’s lives and fighting discrimination in the digital age.

The Question of Who Gets to Count in the Census Goes to the Supreme Court Apr 18, 2019

On Tuesday, April 23, the Supreme Court of the United States will hear the case Department of Commerce v. New York, which asks whether a question about citizenship can be added to the 2020 Census questionnaire. The case will be argued by Dale Ho, the director of the ACLU Voting Rights Project. He joins At Liberty to discuss the case and how he's preparing for oral argument in our country’s highest court.

Indigenous Justice in Montana Apr 11, 2019

At Liberty sits down with Meg Singer, the Indigenous Justice program manager at the ACLU of Montana, and Lillian Alvernaz, the ACLU’s first Indigenous Justice Legal Fellow, to discuss Indigenous justice and organizing for social change in Indigenous communities. To learn more about Meg and Lillian and the ACLU of Montana’s Indigenous justice work visit www.aclumontana.org.

At Liberty Live! Sergio de la Pava on Literature and Law Apr 04, 2019

Sergio de la Pava is a critically acclaimed novelist (A Naked Singularity, Personae, Lost Empress) and a full-time public defender who has represented thousands of criminal defendants over the last two decades. He joined At Liberty live at the Brooklyn Public Library to discuss his literary and legal work and his approach to life.

The Threat of Facial Recognition Mar 28, 2019

Nicole Ozer, the Technology and Civil Liberties director for the ACLU of California, has been at the forefront of debates around privacy and technology for more than 15 years. She joins At Liberty to break down the current state of facial recognition technology and why it raises civil rights and civil liberties concerns.

A Poet Gives a 360 Degree View of the Criminal Justice System Mar 21, 2019

Reginald Dwayne Betts is a published poet, memoirist, and legal scholar who's currently pursuing a Ph.D. in law at Yale. His legal work, like his poetry, is informed by the years he spent in prison as a teen. This week he sits down with At Liberty to discuss his journey to the legal profession, his perspective on the criminal justice system, and his art.

At Liberty Live from SXSW! Feat. Tom Morello Mar 14, 2019

This week, At Liberty comes to you from Austin, TX, where we recorded in front of a live audience with Tom Morello of Rage Against The Machine, Audioslave, and The Nightwatchman. We sat down to discuss “Atlas Underground,” Morello’s new album of “social justice ghost stories,” as well as his decades of activism on issues like criminal justice reform, income inequality, unions, free speech, and mental health. Morello also announced his new role as an ambassador for the ACLU’s Campaign for Smart Justice, a nationwide effort to reduce the U.S. jail and prison population by 50 percent and to combat racism in the criminal system. Learn more about the Campaign for Smart Justice at www.aclu.org/smartjustice.

The Rocky Myers Case Mar 07, 2019

Rocky Myers is one of 175 people on death row in Alabama. The devastating flaws in his case from the moment of arrest to his sentencing displays the injustice of a brutal criminal system. His attorney Kacey Keeton and investigator Sara Romano join At Liberty to discuss the death penalty, Rocky’s case, and his appeal for clemency. Learn more and sign the petition for clemency at www.aclu.org/rocky.

The Racist Reality of Voter Suppression Feb 28, 2019

As Black History Month comes to an end, Professor Carol Anderson (Emory University) joins At Liberty to discuss ongoing voter suppression efforts in the United States, and as a bonus, she tells the story of how the NAACP helped lead the global struggle against colonialism in the 1940s and 1950s.

Alan Rusbridger on the Press in Times of Crisis Feb 21, 2019

Alan Rusbridger is the former editor of The Guardian and author of "Breaking News: The Remaking of Journalism and Why It Matters Now." He joins At Liberty to discuss the state of journalism in the social media age: what has been lost in this information revolution and what has been gained?

Marriage and the Regulation of Sex Feb 14, 2019

This Valentine's Day, we're joined by Melissa Murray, NYU Law professor and expert on the legal regulation of sex and sexuality. Professor Murray and host Emerson Sykes discuss the legal institution of marriage as it has been used by and against marginalized people, and consider the victories and setbacks in the fight for marriage — and nonmarriage — equality.

At Liberty Live! Kwame Anthony Appiah on Identity and the Law Feb 07, 2019

As part of the "Night of Philosophy and Ideas," renowned philosopher and NYT Ethicist columnist Kwame Anthony Appiah joined host Emerson Sykes — and a live audience! — to discuss identity, ethics, and the law. The event was hosted by the Brooklyn Public Library and the Cultural Services of the French Embassy.

Adam McKay on Dick Cheney's Legacy Jan 31, 2019

In his new Oscar-nominated film "Vice," Adam McKay(Saturday Night Live, "The Big Short") tells the story of Dick Cheney's journey from college dropout to becoming the most powerful — and probably the most controversial — vice president in American history. McKay joins At Liberty to discuss Cheney's legacy and why he chose to tell this story now.

Ruth Bader Ginsburg's Stamp on the ACLU Jan 24, 2019

Supreme Court Justice Ruth Bader Ginsburg has become a cultural icon, inspiring internet memes, popular biographies, documentaries, and a new feature film called On the Basis of Sex. This week, we reflect on her impact on the ACLU, where she founded the Women’s Rights Project in 1972. We’re joined by Lenora Lapidus, the project’s current director, to discuss the fight for women’s rights then and now.

A Wave of Laws Target Boycotts of Israel Jan 17, 2019

A raft of new state and federal laws are seeking to stop people from participating in political boycotts aimed at the state of Israel. ACLU attorney Brian Hauss has challenged these laws across the U.S., and just this month argued against one in Arkansas. He joins Emerson Sykes — At Liberty’s new host! — to discuss what exactly this all means and why it's a major threat to the First Amendment. Update (1/18/19): After this episode was released, J Street clarified that the organization does not, in fact, support or engage in settlement boycotts.

Whither Abortion Rights? Jan 10, 2019

The Supreme Court decided Roe v. Wade in 1973, establishing access to abortion care as a fundamental right. But state legislatures have been chipping away at that right ever since, passing thousands of restrictions on abortion access and targeting abortion providers with burdensome rules. Several states now have only one abortion clinic left. Millions of women have no meaningful access to abortion care. Louise Melling, deputy legal director of the ACLU, discusses what to watch for at this pivotal time for reproductive rights.

ACLU Staffers Go to the Movies Dec 20, 2018

For our final episode of 2018, we're making a slight departure from our typical format. As we wind down the year and prepare to spend more time indoors, we've asked ACLU staff to give you their movie recommendations to make sure you're properly entertained this holiday season. Happy viewing, and we'll be back to regularly scheduled programming in 2019.

The Criminalization of Homelessness Dec 13, 2018

As homelessness steadily rises in America, so too does the willingness of state and local governments to use criminal laws against their homeless residents. Earlier this year, a federal appeals court found that laws making it illegal to sleep in public violate the Eighth Amendment's prohibition on cruel and unusual punishment when they're used against individuals without access to shelter. Maria Foscarinis, the founder and executive director of the National Law Center on Homelessness and Poverty, discusses the decision, criminalization broadly, and other systemic obstacles to addressing the needs of homeless people.

Jill Lepore on the Construction of American Citizenship Dec 06, 2018

Almost 250 years after the adoption of the Declaration of the Independence, debates about founding principles like equality, rights, and representation are as fraught as ever. Jill Lepore, a Harvard history professor and New Yorker staff writer, discusses her latest book, “These Truths,” an ambitious exploration of the evolution of our nation from its earliest days.

A Shifting Landscape for Transgender Rights Nov 29, 2018

The state of transgender equality is in rapid flux in state legislatures, in federal law, in the courts and at the ballot box. Progress is consistently met with backlash. In the past midterm election, Massachusetts voters staved off an effort to dismantle legal protection for trans individuals in public spaces. Yet the Supreme Court is poised to reconsider legal victories won by trans plaintiffs in the federal courts, and Trump's White House seeks to exclude trans people from the military and from federal anti-discrimination law. Chase Strangio, staff attorney with the ACLU’s LGBT and HIV Project, discusses the current legal landscape.

A Growing Movement for Ethical Tech Nov 21, 2018

In recent weeks, hundreds of Amazon employees have spoken out to oppose the company marketing its facial recognition software for use by Immigration and Customs Enforcement. They join a chorus of voices — both in the tech world and outside of it — who are concerned about the use of artificial intelligence by law enforcement. We’re replaying a recent episode on the impact of A.I. on our civil liberties, featuring Meredith Whittaker of the AI Now Institute.

What’s the Deal With Florida? Nov 15, 2018

Florida seems perpetually to be at the center of the national conversation and news cycle. The current recount to determine the results of Florida's Senate and gubernatorial races is just the latest in a series of high-profile elections and attention-grabbing cases in the Sunshine State. This week’s guest, Howard Simon, has had a front row seat to it all as the executive director of the ACLU of Florida for over 20 years. We’re asking Howard for his insights into a state that reflects a lot of the divisions in this country.

In Florida, a Historic Victory for Voting Rights Nov 07, 2018

The midterm elections made a lot of news, but one result particularly stands out: Florida's vote on Amendment 4. In a historic change, Floridians voted to amend their state constitution to restore voting rights to most people convicted of felonies once they've completed their full sentences. It sailed over the 60 percent threshold it needed to pass. The passage of Amendment 4 marks the largest single expansion of voting rights since the 26th Amendment lowered the voting age to 18 in 1971. In a state where one of 10 adults couldn’t vote, 1.4 million Floridians will now be able to reclaim their place in civic life. To mark the occasion, we’re replaying an earlier episode of At Liberty, which explores the history of felony disenfranchisement and features Desmond Meade, one of the leaders of this historic effort.

Voting Rights and the Midterms Nov 01, 2018

With the midterm elections only a few days away, voting rights advocates have been working furiously to ensure that the result will be the product of a free and fair election where everyone eligible to vote is able to do so. Dale Ho, director of the ACLU’s Voting Rights Project, discusses the state of the vote in 2018 and the biggest challenges and opportunities for voting rights this election season.

Tarana Burke and Alyssa Milano on the Future of #MeToo Oct 25, 2018

One year ago this month, the first bombshell allegations against Harvey Weinstein appeared in The New York Times and The New Yorker. Shortly thereafter, #MeToo went viral on social media. But the origins of this movement are at least a decade older. They lie with the work of Tarana Burke, a civil rights advocate devoted to fighting sexual harassment and violence. We talk to Tarana and actor and activist Alyssa Milano, whose tweet helped bring #MeToo mainstream.

Civil Liberties on the Midterm Ballot Oct 18, 2018

The 2018 midterm elections will determine the fate of governorships nationwide, the party that controls Congress, and the outcome of hugely consequential ballot questions in many states. The stakes are high, including for key civil rights and civil liberties. This week, At Liberty features Faiz Shakir, the ACLU’s national political director, who discusses what we can expect from next month's ballot, and how the ACLU is getting involved.

Affirmative Action and the Case Against Harvard Oct 11, 2018

Harvard University is facing a lawsuit alleging that its undergraduate admissions practices unlawfully discriminate against Asian American applicants. This suit is the latest salvo in the legal battle over whether and how schools can consider race as a factor in their admissions process. Jin Hee Lee, senior deputy director of litigation at the NAACP Legal Defense and Educational Fund, joins At Liberty to discuss the case. She represents 25 Harvard students and alumni groups who have filed briefs in defense of Harvard's current use of a holistic and race-conscious admissions process.

Why the ACLU Opposes Kavanaugh Oct 02, 2018

The nomination of Judge Brett Kavanaugh to the Supreme Court has turned into a full-blown national drama, amid credible sexual misconduct allegations against him. Late last week, Dr. Christine Blasey Ford testified before the Senate Judiciary Committee that Kavanaugh assaulted her when they were both in high school. Kavanaugh denied her claims in a combative and emotional response. The ACLU does not ordinarily oppose or support judicial nominations. However, the day after the Senate hearing, the ACLU’s national board voted to suspend that policy in order to formally oppose Kavanaugh’s nomination. ACLU President and Brooklyn Law School professor Susan Herman joins At Liberty to discuss the decision.

What Happens When Prisoners Go on Strike? Sep 27, 2018

More than 2,000 firefighters battling the blaze in California this summer came from inside the state’s prison system. They were part of a national workforce of incarcerated people, paid pennies per hour and sometimes nothing at all, for hourly labor benefiting the U.S. economy. Driven in part by demands for better working conditions and wages, incarcerated workers last month began a nationwide prison strike. David Fathi, a longtime prison rights advocate and director of the ACLU National Prison Project, discusses the strike and the organizers’ demands.

How the ‘War on Terror’ Corrupted America Sep 20, 2018

America’s response to the 9/11 attacks have dominated our foreign policy, military priorities, and human rights record for 17 years now. Perhaps no place on earth is a better symbol of that response than the prison at Guantanamo Bay, Cuba. Today, 40 prisoners remain, as does the legacy of torture — in the bodies and minds of many of these men, and in the lingering stain on our legal system. Hina Shamsi, director of the ACLU’s National Security Project, discusses how the “War on Terror” has changed America.

Family Separation Update: Searching for Parents in Guatemala Sep 13, 2018

More than a month ago, a federal court ordered the Trump administration to reunite immigrant children and parents it had separated at the U.S. border. Yet hundreds of children remain on their own in government custody, and many of their parents have already been deported. Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project and attorney for the separated families, just returned from a trip to Guatemala to find some of the parents whose children are still being held in the U.S.

Brett Kavanaugh and the Case Against the Supreme Court Sep 06, 2018

The Supreme Court is meant to protect the rights and liberties guaranteed by the Constitution. Historically, however, it has repeatedly failed to live up to that promise. Can one justice change the course of the Supreme Court? Erwin Chemerinsky, a Supreme Court litigator and dean of Berkeley Law School, discusses the court’s history and the threats a Justice Brett Kavanaugh could pose to our constitutional rights.

Criminalizing Schoolkids Aug 30, 2018

Many of the children who are presently gearing up for a new school year are also preparing to face police on a daily basis. The numbers of cops in schools is growing, which often means that instead of a detention or a time out, routine misbehavior can result in arrest and criminal charges — with children of color disproportionately impacted. The U.S. Department of Education recently released data collected from America’s 96,000 public schools. That data shows that students of color make up the majority of public school students for the first time. It also details police presence in schools, the lack of social services in many schools, and the growing racial disparities in public school systems serving 50 million students. The ACLU is partnering with the UCLA Civil Rights Project on a series of reports and data tools to enhance the public’s understanding of the Civil Rights Data Collection (CRDC). Amir Whitaker, an attorney at the ACLU of Southern California and co-author of those reports, joins At Liberty to discuss the school-to-prison pipeline, how the Trump administration might address it, and what it all means for our children.

Since When Is Every Immigrant A Criminal? Aug 23, 2018

President Trump often demonizes entire immigrant groups, referring to Mexican people as “rapists” and undocumented immigrants as “animals.” Yet statistics show that immigrants, both undocumented and otherwise, are actually less likely to commit crimes than the average U.S. citizen. How did our American political conversation start to conflate immigrants with criminality? And how has immigration policy changed along with this rhetoric? Cecilia Wang, the deputy legal director of the ACLU, discusses the legal and political history of immigration criminalization. At Liberty is also joined by Ravi Ragbir, an immigrant and activist leader waging a legal battle against his own deportation.

A Nation in Love With Locking People Up Aug 16, 2018

The United States sends more people to prison or jail than any other nation in the world. Donald Trump pledged to be tough on crime, and Attorney General Jeff Sessions has pushed to reinvigorate the war on drugs. They're contributing to the mass incarceration crisis, but they didn't create it. It's the result of decades of criminal policies enacted in every state in this country. Local prosecutors are big drivers of mass incarceration. Can they be part of the solution? Udi Ofer, the deputy national political director of the ACLU and the director of the ACLU Campaign for Smart Justice, discusses ways people can fight against mass incarceration in their communities.

Lessons From Charlottesville Aug 09, 2018

On August 12, 2017, a group of white supremacists gathered in Charlottesville, Virginia. The day was a disaster, with violence in the streets and Heather Heyer murdered by a man who drove his car into a crowd of anti-racist protesters. The ACLU of Virginia had represented Jason Kessler, the march organizer, in a First Amendment lawsuit when city officials attempted to move the location of the event. The ACLU’s representation of Kessler has renewed debate, both inside and outside the organization, about its role as a prominent defender of both free speech and racial justice. With white supremacy rearing its head, can the same organization effectively advance both principles? Dennis Parker, director of the ACLU Racial Justice Program, and Ben Wizner, director of the organization’s Speech, Privacy, and Technology Project, reflect on the ongoing debate.

How to Fight an Algorithm Aug 02, 2018

It seems like artificial intelligence is everywhere these days — in our homes, in our cars, in our offices, and of course online. Government decisions, too, are being outsourced to computer code. In one Pennsylvania county, for example, welfare services use digital tools to assess the likelihood that a child is at risk of abuse. Los Angeles contracts with the data giant Palantir to engage in predictive policing, in which algorithms identify residents who might commit future crimes. Local police departments are buying Amazon's facial recognition tool, which can automatically identify people as they go about their lives in public. What does all this mean for our civil liberties? And how can the public exercise oversight of a secret algorithm? AI Now Co-founder Meredith Whittaker discusses this brave new world — and the ways we can keep it in check.

America’s Criminalization of Blackness Jul 26, 2018

In recent months, Black Americans have had the cops called on them for things like waiting in Starbucks, entering their own dorm rooms, moving into their own apartments, and barbecuing in a public park. Why are these stories making waves now, and what do they say about being Black in America? Jeff Robinson, director of the ACLU Trone Center for Justice and Equality, discusses America’s history of criminalizing race, and how we can meaningfully confront it.

Desmond Meade and Dale Ho on Restoring the Right to Vote Jul 19, 2018

The 14th Amendment, ratified exactly 150 years ago, promises equal protection to everyone. But it’s also used to strip the right to vote from millions of Americans who have been convicted of felonies. How did this happen, and who’s affected? Desmond Meade talks to At Liberty about his campaign that could restore voting rights to a huge number of Floridians. We also hear from the ACLU’s Dale Ho, about why the Florida initiative could tip the scales — in a good way — for the rest of the country.

Patrisse Cullors on a Lifetime of Activism and the Founding of Black Lives Matter Jul 12, 2018

On the eve of the five-year anniversary of the creation of Black Lives Matter, Patrisse Cullors discusses the life that led her to co-found one of the most consequential racial justice movements of our time. She talks about the evolution of the organization since its inception, what it’s like to live under surveillance, the books that inspired her, and more.

ACLU Legal Director David Cole on the Supreme Court's Uncertain Future Jul 05, 2018

An eventful Supreme Court session just came to a close. This year, the court handed down major decisions on partisan gerrymandering, warrantless searches and seizures, union dues, the religious rights of business owners, and the Trump administration's notorious travel ban — to name a few. But the most consequential news from the court came once the session ended, with Justice Anthony Kennedy announcing his retirement. ACLU David Cole looks back on the most important cases of the session, and considers the court’s very uncertain future.

Lee Gelernt on a Major Victory for Immigrant Families Jun 28, 2018

Lee Gelernt has been fighting Trump’s family separation policy since early this year, months before it became the subject of national outrage. Thousands of children remain separated from their parents, despite the president’s executive order purporting to end the practice. Just hours before taping this interview, a federal judge issued a decision calling for the government to take immediate action to unify these families. Lee discusses the future of this policy and the consequences of the Supreme Court’s Muslim ban ruling on immigration policy broadly.

Cecile Richards on the Fight for Reproductive Rights Jun 28, 2018

After 12 years at the center of a heated national debate about abortion rights and women’s healthcare, Cecile Richards recently stepped down as the president of the Planned Parenthood Federation of America. She joins At Liberty to discuss recent gains and losses of the reproductive freedom movement, why the 2018 midterm elections are giving her hope, and more.

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