Decision garnered national attention as requirement would have made Indiana one of the most restrictive states to obtain an abortion April 3, 2017 In a joint news conference today, the ACLU of...
April 12, 2017 The American Civil Liberties Union of Indiana filed a Freedom of Information Act lawsuit April 12, 2017, demanding government documents about the on-the-ground implementation of...
May 18, 2017 "The ACLU of Indiana stands in strong defense of a woman's right to make decisions about her health, including her reproductive health and future. For over four decades, courts...
JUNE 8, 2017 INDIANAPOLIS - The American Civil Liberties Union of Indiana praised a ruling by the United States Court of Appeals for the 7th Circuit affirming that Tippecanoe County violated the...
INDIANAPOLIS - The American Civil Liberties Union of Indiana praised a ruling by the United States Court of Appeals for the 7th Circuit affirming that Tippecanoe County violated the First Amendment when it denied a marijuana legalization group permission to hold a rally on the courthouse grounds in Lafayette. The ACLU of Indiana brought the lawsuit on behalf of Higher Society of Indiana, Inc., an organization that advocates and rallies for the legalization of marijuana.
Under the ruling, which affirms the district court's opinion, Tippecanoe County is blocked from enforcing its policy of only allowing events on courthouse grounds that comport with the county's views.
"The freedom of speech is a pillar of our democracy and a fundamental right guaranteed by the First Amendment," said Ken Falk, ACLU of Indiana Legal Director. "Tippecanoe County's policy of allowing certain groups to rally on courthouse grounds while silencing others is a clear violation of the First Amendment. This ruling is a victory for free speech, and for the rights of all citizens to make their voices heard."
In its opinion, the court concluded that "because the County's policy restricts private speech and it is not viewpoint-neutral, it violates the First Amendment. Higher Society was entitled to a preliminary injunction. We affirm the district court's well-reasoned opinion."
"Government officials can't stop people from speaking just because they don't like what's being said," said Jane Henegar, ACLU of Indiana Executive Director. "As we have for nearly 100 years, the ACLU will continue to challenge unconstitutional restrictions on free speech and defend the right of all Americans to speak their minds."
In May 2016, Higher Society held a rally on courthouse property, but was denied the ability to return to the public space because of a "closed forum" policy that allows county commissioners individually and as a whole to determine which favored groups have access and which do not. In December, the ACLU won a preliminary injunction in U.S. District Court for the Northern District of Indiana, which the county then appealed.
The American Civil Liberties Union of Indiana filed a Freedom of Information Act lawsuit April 12, 2017, demanding government documents about the on-the-ground implementation of President Trump's Muslim bans.
The action is part of a total of 13 FOIA lawsuits filed by ACLU affiliates across the country. The ACLU of Indiana lawsuit is seeking records from its local U.S. Customs and Border Protection's office. In particular, the lawsuit seeks records related to CBP's implementation of President Trump's Muslim bans at Indianapolis International Airport.
The ACLU first sought this information through FOIA requests submitted to CBP on February 2. Since the government has failed to substantively respond, the ACLU is now suing.
May 18, 2017
"The ACLU of Indiana stands in strong defense of a woman's right to make decisions about her health, including her reproductive health and future. For over four decades, courts have confirmed that this constitutional right extends to unemancipated minors who have been deemed, by a judge, to be sufficiently mature to make a decision to obtain an abortion without parental consent. SEA 404 imposes new burdens on a young woman's access to abortion and on her health care providers, in violation of often reaffirmed constitutional rights."
ACLU of Indiana
May 18, 2017
When Donald J. Trump takes the Presidential Oath, We the People will also take an oath. The People's Oath, a social media and digital campaign gives everyone the opportunity to take their own oath to support and defend the Constitution and to signal that together we stand ready to defend and protect everyone's rights.
Please take a moment to watch the video and take the oath yourself and reach out to your family friends, colleagues, and neighbors to urge them to do the same.
Dec. 12, 2016
The American Civil Liberties Union of Indiana today filed a lawsuit in the U.S. District Court, Southern District of Indiana, New Albany Division, on behalf of Mary Hazel Upton against the Town of Clarksville, Indiana, alleging violations of the Fourth Amendment to the U.S. Constitution. The lawsuit challenges the city's warrantless inspections of Upton's property and two town ordinances, Indiana Code of Ordinances, Section 97.03 and Clarksville Ordinance No. 20115-G-05, which have been cited by town officials as justification for entering her property without permission and without a warrant.
Ken Falk, ACLU of Indiana legal director, said "The non-consensual and warrantless inspection of our client's property is unconstitutional."
A SURVIVAL GUIDE, FORT WAYNE EDITION
Our rights are under attack. Things are moving quickly. Are you prepared?
Join us for "A Survival Guide," part of our First Wednesday's educational series.
A Survival Guide
Wednesday, June 7, 6-7:30 p.m.
3402 Fairfield Ave
Fort Wayne, IN 46807
Hear from the ACLU of Indiana and other community advocates on how to stand up for what's right the in the face of threats and policies that undermine our core American values. I will moderate a panel including:
Ahmed Abdelmageed, member of the Muslim Alliance of Indiana Board of Directors and Assistant Dean of Experiential Education and Community Engagement at Manchester UniversityKit Malone, the ACLU of Indiana's Transgender Education and Advocacy consultantMelissa A. Rinehart, Ph.D., Lead Organizer for Welcoming Fort WayneWanda Savala, Planned Parenthood of Indiana and Kentucky's Public Affairs Manager
Thanks so much for your willingness to defend our shared values of fairness and freedom. It will take all of us.
Special thanks to the event's co-sponsor, the Wunderkammer Company.
Decision garnered national attention as requirement would have made Indiana one of the most restrictive states to obtain an abortion
In a joint news conference today, the ACLU of Indiana and Planned Parenthood of Indiana and Kentucky (PPINK) shared in the victory of being granted a preliminary injunction by the U.S. District Court for the Southern District of Indiana regarding the ultrasound requirement in House Enrolled Act (HEA) 1337.
"HEA 1337 required women to travel, often great distances, to obtain an ultrasound and then at least 18 hours later, return for an abortion. The court found that this new requirement resulted in a real impediment to women and served no legitimate purpose," said Ken Falk, the ACLU of Indiana Legal Director. "The court concluded, by granting the preliminary injunction, that PPINK was likely to ultimately succeed in its claim that the law was unconstitutional as an undue burden on a woman's constitutional rights."
Over the past year, a historic level of activism and protest has spilled out into our nation's parks, streets, and sidewalks — places where our First Amendment rights are at their height. And yet, in several states including Indiana, legislators have followed up on this exuberant activism with proposed bills that are not only far less inspiring, but also unnecessary and potentially unconstitutional.
Disappointingly, SB 285 is one such bill.
Even though these bills are cloaked with concerns about obstruction or public safety, their effect is singular: chilling protest and suppressing dissent. It is disappointing that our lawmakers would rather silence the voices of their constituents than listen and engage with them. It is unconstitutional and un-American and we at the ACLU are doing everything we can to stop it.
Editors: Please contact Christy Glesing at (317) 667-5991 for more information or to publish.
The First Amendment and existing federal and state law protect religious speech and mandate certain accommodations for religious exercise in government institutions. What the First Amendment does not permit is government endorsement of, or preference for, religious speech and subject matter in public schools.
By forcing public schools to introduce religious curricula and open up public for a for religious speech, HB 1024 puts teachers and school administrators at risk of violating the First Amendment. In sum, HB 1024 takes away the autonomy of school districts to avoid policies and practices that make them susceptible to legal challenges under the United States Constitution.
A Survival Guide to the Next Four Years will be held in cities across Indiana this year. Registration for these free community discussions featuring local panelists will open soon.
Hear from the ACLU of Indiana and other community advocates on how to stand up for what's right the in the face of threats and policies that undermine our core American values.
June 7, 6-7:30 p.m.
Location and panelists to be determined soon, but you can still RSVP today!
No doubt, the distinctions between the First Amendment's protections for an individual's free exercise of religion and the First Amendment's prohibition against government's endorsement of religion can be confusing and complicated. However, each of the arguments that Mr. Heck [ACLU declares 'war' on the Constitution, 12/18/16] presents has been addressed and squarely rejected by the U.S. Supreme Court.
Here is what past U.S. Supreme Court decisions say about the issues surrounding the town of Knightstown's decision to place a cross on top of a Christmas tree in the town square:
Updated: Dec. 13, 2016
On Dec. 12, Knightstown officials removed a religious symbol from the town square in response to a lawsuit filed Dec. 8 by the American Civil Liberties Union of Indiana on behalf of Knightstown, Ind. resident Joseph Tompkins. The lawsuit challenges the Town of Knightstown's display of a Latin cross on a large evergreen tree on the square. The tree is also decorated with lights and ornaments in celebration of Christmas. The plaintiff, citing a violation of the First Amendment's Establishment Clause, sought only to have the religious symbol removed, and did not seek monetary damages for the suit. Attorneys are looking at a resolution to this case.
In 1986, the U.S. Court of Appeals for the Seventh Circuit, in ACLU of Illinois v. City of St. Charles, affirmed a preliminary injunction stopping the City of St. Charles from displaying a cross on a television antenna that was on top of its fire department.
"The cross is the best known symbol of Christianity and Knightstown's prominent display of this symbol represents an establishment of religion in violation of the First Amendment to the United States Constitution," said Ken Falk, ACLU of Indiana legal director.
FOR IMMEDIATE RELEASE
Oct. 31, 2016
Indianapolis — The American Civil Liberties Union of Indiana today filed a lawsuit on behalf of a Bedford, Ind. resident who is challenging a newly enacted city ordinance regulating yard signs that has the effect of stifling his political expression. The lawsuit claims that the ordinance violates the First and the Fourteenth Amendments to the U.S. Constitution.
"The Ordinance's limitation of one general use sign on a resident's lawn is a particularly oppressive during election time when citizens wish to voice their support and opposition for multiple candidates and political issues." —Jan Menz, ACLU of Indiana staff attorney
The ACLU of Indiana filed the case against the City of Bedford on behalf of Samuel Shaw, who is seeking to stop the city from enforcing City Ordinance 15-2016, which was enacted in September.