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Freedom of Press and Speech



Freedom of speech is protected in the First Amendment of the Bill of Rights and is guaranteed to all Americans. However, calls for censorship threaten to erode this fundamental right. The ACLU of Northern California works to protect our right to free speech from government or other forms of suppression.


Free Speech and Olympic Torch: Seeking Answers from the City
The ACLU of Northern California has serious concerns about the city’s decision to change the route of the Olympic torch relay in an apparent attempt to avoid protestors. On April 10, the day after relay, the ACLU-NC filed a request under the Sunshine Ordinance for records on the city’s relay route planning and crowd control policies.
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Demonstrators and the Constitution: A Legal Overview
Unclear on your First Amendment rights when it comes to activities such as marching and picketing? You should know that the free speech guarantees of the U.S. Constitution and the California Constitution apply to all forms of expressive activity and demonstrations. These include rallies and marches; and picketing, leafleting, and petitioning. These constitutional protections mean that, while government can impose some “reasonable’’ restrictions on these activities, it cannot prohibit or regulate them based on the content of the speech, or in a way that will prevent meaningful and effective communication. The ACLU-NC has developed an outline on how these constitutional principles apply to specific situations and suggests arguments that can be used (in court or directly with the police or city officials) to maximize the scope of these activities.
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Internet Free Speech
The Internet is a crucial platform for the distribution and discussion of news and current events, creative expression, and other constitutionally protected speech. The ACLU of Northern California works to ensure that the rights guaranteed by the First Amendment are protected online.
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Donnell Scott and Toni Kay showing the Tigger socks. ACLU Settles Napa School Dress Code Suit
The Napa Valley Unified School District Board approved a settlement on Dec. 14 between the school district and five Napa families, represented by the ACLU of Northern California, who challenged the “Appropriate Attire Policy” at Redwood Middle School. The settlement recognizes students’ constitutional rights to freedom of expression.
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Protest Without a Sign? Extreme Restrictions Removed on Golden Gate Bridge March
When Code Pink: Women for Peace ran into difficulties in getting permission to march on the Golden Gate Bridge to protest the United States’ involvement in the war in Iraq, the ACLU stepped in to protect their First Amendment rights.
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Lethal Injection Protocol Violates Rights of Press and Public
The ACLU of Northern California filed a lawsuit this spring raising a constitutional challenge to California’s three-drug execution protocol. Filed on behalf of Pacific News Service, PNS v. Woodford states that part of the three-drug regimen used to carry out executions in California acts as a chemical curtain. PNS believes the drug conceals significant information, violating the First Amendment rights of the press and the public to be fully informed about executions.
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LANDMARK CASES

Cheema v. Thompson
Baptized Sikh students are permitted to wear symbolic ceremonial knives to school.

Local 10, ILWU v. City of Oakland
The Oakland Police Department agrees to implement sweeping reforms to end the use of less lethal weapons against demonstrators.

Yahoo v. La Ligue Contre le racisme et L'antisemitisme
The Ninth Circuit Court of Appeal rejects an attempt by the French courts to force Yahoo! to block French users' access to web pages that contain speech related to Nazism. The ACLU-NC filed an influential amicus brief in the case.

California First Amendment Coalition (CFAC) v. Calderon
Witnesses--including the media—are permitted to have full view of entire execution process.