Archive for the ‘Fourth Amendment’ Category

How long do you

TALLAHASSEE, Fla. -

Taxpayers are on the hook for at least $307,000 -- and perhaps much more -- to cover legal expenses in Gov. Rick Scott's repeated failed efforts to convince courts that a onetime campaign pledge to drug-test welfare recipients is constitutional.

A federal appeals court last week ruled that the state's mandatory, suspicion-less drug testing of applicants in the Temporary Assistance for Needy Families, or TANF, program is an unconstitutional violation of Fourth Amendment protections against unreasonable searches and seizures by the government.

It was the fourth court decision against the state since the law -- something Scott campaigned on during his first bid for office the year before -- went into effect in mid-2011. A federal judge put the law on hold less than four months after it passed, siding with the American Civil Liberties Union of Florida and the Florida Justice Institute, which filed the lawsuit on behalf of Luis Lebron, a single father and Navy veteran.

Thus far, the state has racked up $307,883.62 in legal fees and costs in the case, according to Department of Children and Families spokeswoman Michelle Glady. That does not include potentially hefty charges for legal fees from the ACLU.

Scott has not yet said whether he will appeal the unanimous ruling last week by a three-judge panel of the 11th U.S. Circuit Court of Appeals. The governor could seek an "en banc" review by the full appeals court or take the issue directly to the U.S. Supreme Court.

Republican legislative leaders said Monday they support Scott on the drug-testing issue.

"I think it's appropriate to defend the law that was passed by a bipartisan majority of members of the House," House Speaker Steve Crisafulli, R-Merritt Island, said. The law was approved 78-38 in the House and 26-11 in the Senate, with support from two House Democrats and no Senate Democrats.

Senate President Andy Gardiner, R-Orlando, "supports the policy and the governor's defense of the law, which was passed by a democratically elected legislature," Gardiner spokeswoman Katie Betta said.

But ACLU of Florida Executive Director Howard Simon, who blamed the governor and the Legislature for the cost to taxpayers, blasted Scott for refusing to back down.

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How long do you

PART 4 – PRIVACY – Celebrating Freedom, Fighting for Justice – Video


PART 4 - PRIVACY - Celebrating Freedom, Fighting for Justice
The Fourth Amendment protects every citizen #39;s right to be free from unreasonable government intrusion, and ACLU-TN #39;s work to preserve privacy includes lobbyi...

By: ACLU Tennessee

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PART 4 - PRIVACY - Celebrating Freedom, Fighting for Justice - Video

Idaho nurse gains backing of EFF and ACLU in fight against the NSA

Usually it's the big guys, or at least national and international organizations, that stand up to fight against the government. But on Monday, a nurse from Idaho will continue to fight the case she brought against Barack Obama and government intelligence agencies. Anna Smith says her Fourth Amendment rights were violated when the NSA collected data about her from phone records.

A district court ruled against Smith when she first started to fight the case, but now she has the backing of the Electronic Frontier Foundation (EFF), the American Civil Liberties Union (ACLU) and the American Civil Liberties Union of Idaho.

The original case dates back to June 2013, shortly after the activities of the NSA first came to light. Now the EFF, ACLU, the American Civil Liberties Union of Idaho, and Smith husband have worked together to craft an appeal. The case will be heard at the United States Court of Appeals for the Ninth Circuit and will center on several areas.

One argument is that "neither Smith nor any other precedent authorizes the suspicionless collection of call records in bulk" and that the collection of such data is an invasion of privacy. The appeal also says that the government's mass collection of phone data violates the fourth Amendment and is unconstitutional "because it is warrantless and lacks probable cause".

This is not the first time the Electronic Frontier Foundation has become involved in a case against the government and the NSA, and it is unlikely to be the last. This appeal starts on Monday 8 December at 9:00 AM PST, and we'll be following along to see what happens.

Photo credit: bikeriderlondon / Shutterstock

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Idaho nurse gains backing of EFF and ACLU in fight against the NSA

Taxpayers should have rights, too

Walker should push to restrict subsidies for bad behavior.

Posted: Saturday, December 6, 2014 10:00 am

Taxpayers should have rights, too

A FEDERAL APPEALS COURT has upheld a trial court ruling that Floridas law requiring public assistance applicants to submit to drug tests as a condition of receiving aid is an unconstitutional violation of Fourth Amendment search-and-seizure protections.

The court ruled that the collection and testing of urine intrudes upon expectations of privacy that society has long recognized as unreasonable. ... By virtue of poverty, TANF (Temporary Assistance for Needy Families) applicants are not stripped of their legitimate expectations of privacy.

During his successful campaign for re-election, Gov. Scott Walker promised to pursue a similar drug-testing policy for Wisconsin. We dont think he should give up.

SUBSTANCE ABUSE IS one of the more common and severe barriers to finding and keeping a job. Its also one of the social pathologies disproportionately affecting at-risk populations. Police officers and prosecutors will tell you its one of the primary drivers behind criminal behavior. And prison officials will say a disturbingly large percentage of those entering the corrections system are substance abusers.

So, explain again: Why is society wrong to raise the bar and insist that people seeking tax-funded assistance are drug-free?

The legal system largely amounts to this: What one clever lawyer can put together, another can tear apart, and vice versa. So maybe theres a tweak or a turn to the Florida approach that could reach the same goal of discouraging drug abuse without running afoul of the Constitution.

We believe in Fourth Amendment protections as much as anybody, but we also believe taxpayers have no obligation to subsidize bad behavior. Governor Walker should continue looking for a way to keep his promise.

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Taxpayers should have rights, too

Sen Rand Paul Defends the Fourth Amendment February 11, 2014 – Video


Sen Rand Paul Defends the Fourth Amendment February 11, 2014
News in World START EARN MONEY NOW!!! http://lin.kim/2BKxw.

By: News in World

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Sen Rand Paul Defends the Fourth Amendment February 11, 2014 - Video