May, 24 2021, 12:00am EDT
For Immediate Release
Contact:
Partnership for Civil Justice Fund counsel Mara Verheyden-Hilliard: 202.232.1180 x202, mvh@justiceonline.org
Senior Litigation Attorney Gadeir Abbas: 720-251-0425, gabbas@cair.com
CAIR National Communications Director Ibrahim Hooper, 202-744-7726, ihooper@cair.com
PCJF & CAIR Win 'Major Victory' in Federal Lawsuit Against Georgia's Anti-Boycott of Israel Law; Court Rules Anti-BDS Law Violates the First Amendment
The Partnership for Civil Justice Fund (PCJF), the Georgia chapter of the Council on American-Islamic Relations (CAIR-Georgia) and CAIR Legal Defense Fund today welcomed a "major victory" in their lawsuit against Georgia's no boycott of Israel law after a federal district court ruled that the State of Georgia's 2016 law punishing boycotts of Israel is an unconstitutional violation of the First Amendment.
WASHINGTON
The Partnership for Civil Justice Fund (PCJF), the Georgia chapter of the Council on American-Islamic Relations (CAIR-Georgia) and CAIR Legal Defense Fund today welcomed a "major victory" in their lawsuit against Georgia's no boycott of Israel law after a federal district court ruled that the State of Georgia's 2016 law punishing boycotts of Israel is an unconstitutional violation of the First Amendment.
There will be a briefing on this case live at 3 p.m. ET on CAIR's Facebook page
In an order released today, Judge Mark Cohen ruled that the University System of Georgia violated journalist and filmmaker Abby Martin's constitutional rights when it cancelled her speaking engagement on a college campus because she refused to sign a state-mandated oath pledging not to engage in boycotts of Israel. Martin is a well-known advocate of the Boycott, Divestment, and Sanctions (BDS) movement against Israel, which the court ruled is protected by the First Amendment.
READ THE COURT'S DECISION HERE
In his 29-page decision, Judge Cohen identified extensive constitutional problems with Georgia's anti-BDS law. He held that the anti-BDS law "prohibits inherently expressive conduct protected by the First Amendment," which "burdens Martin's right to free speech." Judge Cohen also ruled that the anti-BDS law's requirement that Martin sign an oath to refrain from boycotting Israel is "no different than requiring a person to espouse certain political beliefs or to engage in certain political associations."
The court relied heavily on NAACP v. Claiborne, the Supreme Court's landmark decision protecting the right to boycott.
"This outrageous effort by Georgia politicians to censor free speech rights for a cause they oppose was ruled unconstitutional today," said Partnership for Civil Justice Fund counsel Mara Verheyden-Hilliard. "This ruling comes at a crucial moment, when millions of Americans are questioning the use of U.S.-provided weapons in the onslaught against the Palestinian people and makes clear that the Constitution protects participation in the BDS movement, just as it protected the seminal civil rights and labor organizing boycotts that moved our society forward."
In a statement, CAIR Georgia Executive Director Murtaza Khwaja said:
"Whether in speaking out against voter suppression laws here in Georgia or human rights violations against the Palestinian people, Georgians are actively engaged in their constitutionally protected right to free speech and coordinated boycott. Now, as much as ever, these rights must be cherished and preserved. The court's decision's today is a significant step in ensuring Georgians are able to do so freely today and in future."
"Israel's latest violent onslaught against Palestinians underscores the importance of advocacy for Palestinian human rights," said CAIR Senior Litigation Attorney Gadeir Abbas. "By standing up against this illegal anti-BDS law, Abby Martin ensures that all Americans have the freedom to stand up for Palestine."
In a statement, award-winning journalist and filmmaker Abby Martin said:
"I am thrilled at the judge's decision finding this law unconstitutional as it so clearly violates the free speech rights of myself and so many others in Georgia. My First Amendment rights were restricted on behalf of a foreign government, which flies in the face of the principles of freedom and democracy.
"The government of Israel has pushed state legislatures to enact these laws only because they know that sympathy and support for the population they brutalize, occupy, ethnically cleanse and subject to apartheid, is finally growing in popular consciousness --they want to hold back the tide of justice by preemptively restricting the right of American citizens to peacefully take a stand against their crimes."
While the judge's opinion clearly indicates his view that the law is unconstitutional, the decision does not yet strike down the law. The next stage of the case will regard what steps the court will take to address to the constitutional violation identified.
BACKGROUNDER
Numerous advocacy groups and state legislators, including then-House Minority Leader Stacey Abrams, opposed Georgia's anti-BDS law as a violation of free speech when the state legislature first considered it.
Similar measures have been enacted in 25 other states as part of an effort to block the growing Boycott, Divestment and Sanctions (BDS) movement. Modeled after the global South African anti-apartheid movement, the BDS movement's stated goal is to pressure the Israeli government to end its occupation of Palestinian territory.
CAIR, the American Civil Liberties Union, and other civil rights organizations have filed free speech lawsuits against anti-BDS laws in Arkansas, Arizona, Maryland, and Texas, where CAIR won a landmark legal victory in 2019.
The federal court in Texas held that the state's anti-boycott law "threatens to suppress unpopular ideas" and "manipulate the public debate" on Israel and Palestine "through coercion rather than persuasion." The Court concluded: "This the First Amendment does not allow."
CAIR's mission is to enhance understanding of Islam, protect civil rights, promote justice, and empower American Muslims.
The Partnership for Civil Justice Fund, based in Washington, D.C., is a public interest legal organization that has litigates on behalf of political organizations and activists across the country to protect and defend First Amendment rights. For more information go to www.JusticeOnline.org.
The Partnership for Civil Justice Fund is a public interest legal organization that brings a unique and cutting edge approach dedicated to the defense of human and civil rights secured by law, the protection of free speech and dissent, and the elimination of prejudice and discrimination. Among the PCJF cases are constitutional law, civil rights, women's rights, economic justice matters and Freedom of Information Act cases.
(202) 232-1180LATEST NEWS
'It Will Be a Catastrophe': Student Loan Payments to Resume Even If GOP Shuts Down Government
"Forty million people are being thrown to the wolves," warned one advocacy group.
Sep 28, 2023
Despite advocates' pleas for the Biden administration to slam on the brakes, the U.S. Education Department confirmed Thursday that student loan payments will resume for the first time in three-and-a-half years on October 1—even if the federal government shuts down.
An unnamed Education Department spokesperson toldPolitico that payments will be due starting in October "even if Republicans needlessly shut down the government." Student loan debt began accruing interest again earlier this month after the coronavirus pandemic-related pause.
The official's comment came hours after the Student Borrower Protection Center (SBPC) issued a statement imploring the Biden administration to halt the planned restart of student loan payments.
"If House Republicans shut down the federal government, the Biden administration must shut down the student loan system too," said SBPC executive director Mike Pierce. "As it stands, the administration plans to keep paying the student loan companies botching this effort to restart payments while furloughing the federal employees who are supposed to help borrowers when things don't go according to plan."
"This will result in more borrowers receiving inaccurate and incorrect information with less oversight and fewer resources to fix problems," Pierce added. "Forty million people are being thrown to the wolves. It will be a catastrophe."
"To throw borrowers back into repayment with bad-faith loan servicers and an understaffed Department of Education is a recipe for disaster."
Rep. Ayanna Pressley (D-Mass.), a longtime champion of student debt cancellation, also urged the Biden administration to keep the repayment pause in place if the government shuts down this coming Sunday.
"The student loan payment pause has been a lifeline for borrowers across the nation," said Pressley. "As we stare down an impending Republican government shutdown, it is abundantly clear that student loan payments should not resume October 1."
Pressley continued:
To throw borrowers back into repayment with bad-faith loan servicers and an understaffed Department of Education is a recipe for disaster and would deeply undermine the progress we have made to advance economic justice for student loan borrowers. While the administration works diligently to push back on the corrupt Supreme Court's obstruction of President [Joe] Biden's historic cancellation plan, we should take immediate steps to prevent borrowers from entering into repayment at a time when the infrastructure is not there and bad actors will seize on the lack of government capacity caused by Republican dysfunction.
This Republican government shutdown stands to harm families across the nation, many who were just regaining their financial footing for the first time since the Covid-19 crisis. The administration should absolutely pause student loan payments and interest accrual in light of these stark realities.
The Education Department said earlier this year that it would lift the student loan repayment pause shortly after the Supreme Court's ruling on Biden's debt cancellation plan. That timeline was cemented by a debt ceiling agreement that the White House negotiated with House Republicans.
Advocates have been warning for months that a resumption of payments without broad-based relief for borrowers would be both unjust and unwise. The Consumer Financial Protection Bureau estimated in June that millions of borrowers "have risk factors that suggest they could struggle when scheduled payments resume," including "pre-pandemic payment assistance on student loans" and "delinquencies on other credit products since the start of the pandemic."
Additionally, analysts believe resuming student loan payments will yank $70 billion out of the U.S. economy each year.
In an effort to mitigate some of the looming financial pain, the Education Department has implemented a three-month grace period for missed payments once the pause is lifted in October and launched a new income-driven repayment plan known as SAVE, which is aimed at lowering borrowers' monthly payments.
But advocates and borrowers have already reported significant chaos in the weeks leading up to the end of the freeze, a signal that the resumption of payments in the coming days is likely to be nightmarish.
The American Prospect's David Dayen reported in late August that the "transfers of millions of student loan accounts to new private loan servicers, which have slashed staff and need to ramp up quickly, have led to what some borrowers believe are miscalculations and mistakes."
"One borrower, Melanie Neff, a pediatric palliative care social worker, said her payment under SAVE more than tripled, from $300 to $1,000 a month, even though her income hasn't significantly increased since 2019," Dayen wrote. "Some servicers even sent borrowers statements saying their debts were paid off in full based on the Biden administration's debt cancellation program, only to have to revoke that when the Supreme Court struck it down. Since that program was stopped almost immediately by court injunction, there's no way that servicers should have sent out payoff statements, which just added to the confusion."
The Debt Collective noted in a social media post on Thursday that "the Biden administration is already attempting to do the administratively impossible—resume a 45 million person portfolio of student debt payments after a three-year pause with broken servicers."
"Doing it during a government shutdown will only exacerbate problems," the group wrote. "This is bad bad bad."
The Biden administration is currently pursuing an alternative student debt cancellation plan using the Higher Education Act of 1965, but it has chosen to undergo a time-consuming rulemaking process instead of wiping out debt immediately—which advocates and experts say he has the authority to do.
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UN Report Urges End to Forced US Prison Labor—a 'Contemporary Form of Slavery'
One of the U.N. experts who compiled the report after visiting the U.S. earlier this year said its findings "point to the critical need for comprehensive reform."
Sep 28, 2023
A report published Thursday by United Nations human rights experts condemns systemic racism in the U.S. criminal justice system and policing, while describing "appalling" prison conditions and decrying forced unpaid convict labor as a "contemporary form of slavery."
The U.N. International Independent Expert Mechanism to Advance Racial Justice and Equality in the Context of Law Enforcement report follows a visit to the U.S. earlier this year by a team of human rights experts. The U.N. officials collected testimonies from 133 affected people, visited five prisons and jails, and held meetings with advocacy groups and numerous government and police officials in Atlanta, Chicago, Los Angeles, Minneapolis, New York City, and Washington, D.C.
"In all the cities we went to, we heard dozens of heartbreaking testimonies on how victims do not get justice or redress. This is not new, and it's unacceptable," Tracie Keesee, an expert member of the mechanism, said in a statement. "This is a systemic issue that calls for a systemic response."
"Law enforcement and criminal justice institutions in the United States share and reproduce values, attitudes, and stereotypes of U.S. society and institutions. These must be reformed."
The experts found that "racism in the U.S.—a legacy of slavery, the slave trade, and 100 years of legalized apartheid that followed slavery's abolition—continues to exist today in the form of racial profiling, police killings, and many other human rights violations."
The report cites instances of prisoners locked away in solitary confinement—widely recognized as a form of psychological torture—for a decade or longer, children sentenced to life in prison, and pregnant inmates chained during childbirth, "who due to the chaining, lost their babies."
"All these practices—including shackling pregnant women before, during, and after labor—are an affront to human dignity and the best interest of the child," the report states. "Instruments of restraint shall never be used on women during labor, during childbirth, and immediately after childbirth, in accordance with the U.N. Standard Minimum Rules for the Treatment of Prisoners," also known as the Nelson Mandela Rules.
The experts were "astonished" that forced unpaid or poorly paid convict labor "exists to this day in the United States, constituting a contemporary form of slavery." The 13th Amendment to the U.S. Constitution outlawed slavery and involuntary servitude, "except as punishment for crime," and congressional efforts to close the loophole have been unsuccessful.
The report notes:
The delegation received shocking information over "plantation-style" prisons in Southern states, in which contemporary forms of slavery are reported. Commonly known as "Angola," the Louisiana State Penitentiary occupies an 18,000-acre former slave plantation, larger than the island of Manhattan. The plantation prison soil worked by incarcerated labor today is the same soil worked by slaves before the Civil War. Angola currently houses nearly 5,000 adult men, the majority of them Black men, forced to labor in the fields (even picking cotton) under the watch of white "freemen" on horseback, in conditions very similar to those of 150 years ago. The mechanism received direct testimonies from Angola victims and allegations of children being transferred to this prison, held in solitary confinement, and in general under appalling detention conditions.
Earlier this month, a federal judge ordered Louisiana officials to stop imprisoning children on Angola's former death row by September 15.
Addressing the more than 1,000 people killed annually by U.S. law enforcement officers—only 1% of which result in the killer being criminally charged—the report warns that such killings will continue unless police use of force regulations are aligned with international standards.
"We reject the 'bad apple' theory," There is strong evidence suggesting that the abusive behavior of some individual police officers is part of a broader and menacing pattern," said mechanism expert member Juan Méndez. "Law enforcement and criminal justice institutions in the United States share and reproduce values, attitudes, and stereotypes of U.S. society and institutions. These must be reformed."
To that end, the report contains a lengthy list of over 30 recommendations, including:
- Fully implementing the United Nations High Commissioner for Human Rights' four-point agenda for transformative change for racial justice and equality;
- Tackling poverty and lack of quality education, employment opportunities, healthcare, adequate housing, and other human rights violations as a way to combat systemic racism;
- Adopting a human rights-based approach to policing and a national strategy—including legislation—to reduce killings by law enforcement;
- Eliminating all racial profiling;
- Creating an effective nationwide record system of individuals under investigation or found criminally or administrative guilty for police misconduct;
- Removing police from schools in favor of alternatives, including counselors, social workers, nurses, and mental health professionals;
- Adopting an immigration system with a human rights-based approach and addressing systemic racism within the ranks of immigration authorities;
- Ending the "War on Drugs" and adopting a human rights-based approach to drug policies, in part by decriminalizing low-level drug offenses;
- Reducing and strictly regulating militarized police and "no knock" entries;
- Abolishing the death penalty, "death by incarceration" sentencing, and the charging of children as adults;
- Exercising clemency powers in favor of condemned prisoners, people serving sentences beyond life expectancy, and those who were convicted for confessions under torture—especially children;
- Strictly regulating solitary confinement and other forms of restrictions in detention in accordance with international standards;
- Eliminating free or poorly paid prison labor; and
- Reducing former felon disenfranchisement.
"Our findings," said Méndez, "point to the critical need for comprehensive reform."
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'We Are Fed Up': Youth Climate Activists Occupy McCarthy Office to Protest Shutdown Effort
"Young people are here because Kevin McCarthy and other Republicans are playing political games with our lives. We're over this bullshit."
Sep 28, 2023
A group of youth climate activists occupied House Speaker Kevin McCarthy's office in Washington, D.C. on Thursday to condemn the Republican leader and his caucus for pushing the U.S. government to the brink of a destructive shutdown as they demand draconian cuts to food aid, housing assistance, and environmental programs.
"We are fed up and we won't take it anymore," said Adah Crandall a 17-year-old Sunrise Movement organizer who joined a number of other climate activists inside McCarthy's (R-Calif.) office. "As storms rage stronger, fires grow hotter, and heatwaves grow more deadly, Kevin McCarthy is playing political games with our futures. We're facing a climate emergency and McCarthy can't even do his job."
The Sunrise Movement said around 150 students from across the nation traveled to Capitol Hill Thursday to take part in the protest, which comes just two days before the federal government is set to shut down.
Eighteen youth activists were arrested outside of McCarthy's office during the demonstration, according to the climate group.
Earlier Thursday, the Biden administration began notifying government employees that they could soon be temporarily furloughed after McCarthy rejected a bipartisan short-term funding proposal put forth in the U.S. Senate this week.
"Speaker McCarthy is a coward," Shiva Rajbhandari, a 19-year-old Sunrise Movement organizer. "McCarthy and Republicans can either do their jobs, act on the climate crisis, and fund our schools, or they can risk our economy to appease a few extremists. Our generation is watching and we will hold them accountable for their actions."
The impacts of a shutdown on critical government functions and programs—and the overall U.S. economy—could be massive.
"With each passing day, Washington would further deplete federal safety net programs that carry over their unused money from past years," The Washington Post's Tony Romm reported earlier this week. "Eventually, the government might not be able to provide some poor families with childcare, nutrition assistance, housing vouchers, or college financial aid. The longer a shutdown persists, the greater the blow it could ultimately deliver to an economy that has teetered for more than a year on the precipice of recession."
Food & Water Action warned Thursday that "in the event of a shutdown, serious and specific threats to food and water safety could immediately arise," noting that Environmental Protection Agency (EPA) regulators "could be forced to suspend critical safety inspections at drinking water sources, hazardous Superfund waste sites, and chemical facilities."
Additionally, the group noted, the EPA "would be forced to shut down the $15 billion project to replace dangerous lead water pipes throughout the country, putting impacted families at continued risk."
"By driving this country to the brink of a shutdown, congressional Republicans are proving once again, in stark relief, that they simply don't care about the health and well-being of the American people," said Mitch Jones, deputy director of Food & Water Action. "Nowhere is this more obvious than in their willingness to shut down critical food and water safety inspections that occur every day across the country."
"Rather than working with Democrats to responsibly fund the government, Speaker McCarthy and his slim majority are catering to the most extreme right-wing members in an already extreme caucus," Jones added. "House Republicans should be thoroughly ashamed of themselves, and they must be shown the door in 2024."
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