Civil Rights
| Internet surveillance provision of USA PATRIOT Act |
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| A federal court has ruled that the surveillance provision of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) was unconstitutionally broad. In striking down § 505, the federal judge said that while national security was of "paramount value," personal security was equal in importance. The judge held that § 505 was violative of the First Amendment because § 505's permanent ban on disclosure of the request was an impermissible "prior restraint" on free speech. Additionally, the surveillance provision violated the Constitution because it gave "unchecked powers" to obtain private information. Furthermore, it violated the Constitution's prohibitions against unreasonable searches.
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| The Freedom of Religion in Prisons |
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| The federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) says in part that no government shall impose a substantial burden on the religious exercise of anyone confined to a federally-funded government institution, including prisons and jails. RLUIPA requires prisons to accommodate the religions practiced by inmates. The law allows governmental authorities to interfere with religious practices only if they can show a "compelling governmental interest." Often, prison security and discipline have been found to be sufficient reasons to restrict inmates' religious practices.
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| Sexual Orientation Discrimination in Housing |
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| The federal Fair Housing Act prohibits intentional discrimination in the rental, sale, and financing of housing due to a prospective renter or buyer's race, color, national origin, sex, religion, disability, or family status. The term "sexual orientation" is not among those traits protected by the Fair Housing Act. As a result, the Fair Housing Act does not offer protection against sexual orientation discrimination.
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| Disparate Treatment in the Employment of the Disabled |
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| Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination in the workplace on the basis of an employee or a job applicant's disability. Specifically, the ADA protects a "qualified individual with a disability." In considering a disparate treatment claim by an employee with a disability, courts seek to determine whether the disabled employee was treated less favorably than other employees who were not disabled. More... |
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| The Proposed Flag Protection Amendment |
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| Despite this recent history, some members of Congress are attempting to pass the Flag Protection Amendment to the Constitution. Critics say that if the amendment passes, it would be the first amendment to limit, rather than protect, the freedom of speech. More... |
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