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Molly Kaplan, (212) 519-7851 or 549-2666; media@aclu.org
Supreme Court Ends Pro-Business Term With Important First Amendment Rulings
The Supreme Court today ended a 2010 Term marked by big victories for big business with two important free speech decisions reflecting the Court's expansive view of the First Amendment.
The Supreme Court today ended a 2010 Term marked by big victories for big business with two important free speech decisions reflecting the Court's expansive view of the First Amendment.
Once again wading into the roiled waters of campaign finance reform, the Court struck down Arizona's public financing system, which provides matching funds to publicly financed candidates to ensure that they are not outspent by privately financed opponents and to encourage candidates to participate in the public financing scheme. The decision in Arizona Free Enterprise v. Bennett is certain to reignite the heated debate that followed last year's ruling in Citizens United upholding corporate campaign expenditures.
In addition, the Court struck down a California law prohibiting the sale of violent video games to minors in Brown v. Entertainment Merchants Association. Stressing that minors have First Amendment rights as well as adults, the Court rejected calls to treat violence like obscenity and carve out a new exception to the First Amendment for violent speech directed at children.
"This is a Court that takes an expansive view of the First Amendment. It is particularly sensitive to any claim that the government is using its power to censor unpopular speakers or unpopular speech," Shapiro said.
That view was evident earlier this year in Snyder v. Phelps when the Supreme Court overturned a jury verdict against members of the Westboro Baptist Church who had picketed the funeral of an Iraqi war veteran with signs proclaiming their view that the death of U.S soldiers was a punishment by God for America's tolerance of homosexuality.
"This Term also highlighted the Court's pro-business reflex," Shapiro added. "Unfortunately, the instinct to protect business interests often comes at the expense of ordinary citizens looking for justice."
Of course, to say that the Roberts Court is pro-business does not mean that business always wins. In Chamber of Commerce v. Whiting, a case where the ACLU served as co-counsel, the Court held that federal law did not bar Arizona from imposing its own severe sanctions on employers in the state who hire undocumented workers.
But, more typically, the Court held in Wal-Mart v. Dukes that a sex discrimination lawsuit against America's largest employer could not proceed as a class action. It did so, moreover, by reinterpreting the class action rules so that it will now be harder for other class actions to go forward as well, leaving many employees with grievances that they can no longer afford to pursue.
Similarly, in AT&T Mobility LLC v. Concepcion, the Court held that companies can effectively shield themselves from consumer class actions simply by including a clause in the standard consumer contract that all claims must be resolved through individual arbitrations. When the amount at stake is less than $40, as it was in this case, most consumers will simply give up.
"The Roberts Court is undeniably conservative, but it is a particular kind of conservatism," Shapiro explained. "This is not a libertarian court. It is not a state's rights court. It is a pro-business court."
Employees and consumers were not, however, the only ones denied their day in court this Term.
In Connick v. Thompson, the Court ruled that an individual who spent 14 years on death row after being wrongfully convicted of murder could not sue the prosecutor's office that unconstitutionally withheld critical evidence from his defense lawyers.
In Arizona School Tuition Organization v. Winn, an ACLU case, the Court held that Arizona taxpayers could not challenge the use of state tax credits to subsidize religious education because tax credits involve funds diverted from the state treasury as opposed to funds spent out of the state treasury. The majority decision provoked Justice Kagan's first dissent as the newest member of the Court.
In Ashcroft v. al-Kidd, another ACLU case, the Court held that former Attorney General John Ashcroft was immune from damages even assuming that he had authorized the use of the material witness statute as a pretext after 9/11 to detain terrorism suspects without probable cause.
Still, there were several notable criminal justice victories this Term in a Court where such victories are often few and far between.
In Brown v. Plata, the Court upheld an order requiring California to reduce its prison population significantly after the state had failed to correct the unconstitutional conditions resulting from prison overcrowding for more than a decade.
And, in J.D.B. v. North Carolina, the Court ruled that the age of a child being questioned by the police is a relevant factor in deciding whether the child is "in custody," thus triggering the need for Miranda warnings.
Shapiro is available for television interviews using the ACLU's in-house studio facility, which has an outbound fiber line for standard definition (SD) video.
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666Progressive Dems Call for Codifying Chevron After 'Dangerous' Supreme Court Ruling
"I plan to introduce legislation to protect the government's policymaking ability that existed under Chevron that has worked for the last 40 years," Sen. Ed Markey said.
Following the Supreme Court's ruling on Friday overturning the so-called Chevron doctrine—which instructed courts to defer to federal agencies' reasonable interpretations of laws passed by Congress as they regulate everything from food safety to labor rights to climate pollution—progressive lawmakers vowed to take action to protect the power of these agencies to shield the public from toxic chemicals and unscrupulous employers.
Legislators expressed concerns about the impacts of the court's 6-3 ruling in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, which ended a 40-year precedent established by Chevron v. Natural Resources Defense Council in 1984.
"Now, with this ill-advised decision, judges must no longer defer to the decisions about Americans' health, safety, and welfare made by agencies with technical and scientific expertise in their fields," Sen. Ed Markey (D-Mass.) said in a statement. "MAGA extremist Republicans and their big business cronies are rejoicing as they look forward to creating a regulatory black hole that destroys fundamental protections for every American in this country."
"This unhinged Supreme Court needs to stop legislating from the bench, and we must pass sweeping reform to hold them accountable."
"I plan to introduce legislation to protect the government's policymaking ability that existed under Chevron that has worked for the last 40 years," Markey said.
Progressive Caucus Chair Pramila Jayapal (D-Wash.) called the ruling "dangerous" and urged Congress to "immediately pass" the Stop Corporate Capture Act, which she introduced in March 2023.
In a statement Friday, Jayapal said the act was "the only bill that codifies Chevron deference, strengthens the federal-agency rulemaking process, and ensures that rulemaking is guided by the public interest—not what's good for wealthy corporations."
The act would codify Chevron by providing "statutory authority for the judicial principle that requires courts to defer to an agency's reasonable or permissible interpretation of a federal law when the law is silent or ambiguous."
In addition, it would:
- Require anyone submitting a study as part of a comment period on a regulation to disclose who funded it;
- Only allow federal agencies to take part in the negotiated rulemaking process;
- Create an Office of the Public Advocate to increase public participation in the process of crafting regulations;
- Make public companies that knowingly lie in the comment period on a proposed regulation liable for a fine of at least $250,000 for a first offense and at least $1 million for a second; and
- Empower agencies to reissue rules that were rescinded under the Congressional Review Act.
The Coalition for Sensible Safeguards, a group of more than 160 organizations mobilizing for stronger public protections, also called on Congress to pass the Stop Corporate Capture Act.
"The bill is a comprehensive blueprint for modernizing, improving, and strengthening the regulatory system to better protect the public," the coalition wrote in response to Friday's ruling. "It would ensure greater public input into regulatory decisions, promote scientific integrity, and restore our government's ability to deliver results for workers, consumers, public health, and our environment."
Jayapal also called on Congress to "enact sweeping oversight measures to rein in corruption and billionaire influence at the Supreme Court, whose far-right extremist majority routinely flouts basic ethics, throws out precedent, and legislates from the bench to benefit the wealthiest and most powerful."
Rep. Rashida Tlaib (D-Mich.) similarly recommended congressional action to address court corruption. In a statement, she called the decision "a power grab for the corrupt Supreme Court who continues to do the bidding of greedy corporations."
"The MAGA Court just overruled 40 years of precedent that empowered federal agencies to hold powerful corporations accountable, protect our workplaces and public health, and ensure that we have clean water and air," Tlaib continued. "This unhinged Supreme Court needs to stop legislating from the bench, and we must pass sweeping reform to hold them accountable."
In the meantime, the Coalition for Sensible Safeguards said that the ruling did not strip regulatory bodies of their authority to pass new rules to protect the public and the environment.
"This decision is a gift to big corporations, making it easier for them to challenge rules to ensure clean air and water, safe workplace and products, and fair commercial and financial practices," said Public Citizen president and coalition co-chair Robert Weissman. "But the decision is no excuse for regulators to stop doing their jobs. They must continue to follow the law and uphold their missions to protect consumers, workers, and our environment."
Iranian Snap Elections Head to Runoff After Reformist Pezeshkian Takes Narrow Lead
A total of 24,735,185 people voted, representing a turnout of around 40%—the lowest turnout in an Iranian election since the 1979 revolution.
Reformist legislator Masoud Pezeshkian and conservative former nuclear negotiator Saeed Jalili will face off in a second round of voting after neither candidate secured a majority of the votes in Iran's election Friday.
Surprise elections in Iran were called after conservative President Ebrahim Raisi died in a helicopter crash on May 19, opening what one expert called a "void in the Islamic Republic's leadership."
"None of the candidates could garner the absolute majority of the votes, therefore, the first and second contenders who got the most votes will be referred to the Guardian Council," Interior Ministry spokesperson Mohsen Eslami announced on Saturday.
"Pezeshkian appears to have done well enough to turn out a core base of support that gives him a plausible path to victory, but he will likely need to secure support from Iranians who opted to stay home yesterday in order to triumph."
Pezeshkian and Jalili will now advance to the runoff election on July 5.
After Friday's voting, Pezeshkian took a slight lead with 10.45 million votes over Jalili's 9.47 million, according to an initial tally reported by The Guardian. Both of them edged out conservative parliament speaker Mohammad Bagher Ghalibaf with 3.38 million votes and former Justice Minister Mostafa Pourmohammadi with 206,000.
A total of 24,735,185 people voted, representing a turnout of around 40%. That is the lowest turnout in an Iranian election since the 1979 revolution, according to Middle East Eye.
"This demonstrates that a majority of the Iranian public remains disaffected from participation in the Islamic Republic's restricted elections, which are neither free nor fair," the National Iranian American Council (NIAC) wrote in a statement on Saturday. "The Iranian people have suffered manifold outrages from their government and circumstances, including the brutal crackdown on popular protests in 2022 and earlier and the failure of past moderate and reformist figures to deliver lasting change."
"As a result," NIAC continued, "a majority appear to have concluded for now that they would rather stay home than risk legitimizing a government they do not believe in. The inclusion of a reformist on the ticket in Masoud Pezeshkian may have boosted turnout in some quarters, but did little overall to arrest the slide in turnout in the first round."
Reform leader Abbas Akhoundi said: "About 60% of voters did not participate in the elections. Their message was clear. They object to the institutionalized discrimination in the existing governance and do not accept that they are second-class citizens and that a minority impose their will on the majority of Iranian society as first-class citizens."
The outcome on July 5 could depend on whether or not turnout increases.
NIAC observed that Pezeshkian's lead was surprising, given that low-turnout elections usually favor more conservative candidates.
"Typically, reformists have only triumphed when turnout reaches near record highs with a vast majority of public participation," the group wrote. "Pezeshkian appears to have done well enough to turn out a core base of support that gives him a plausible path to victory, but he will likely need to secure support from Iranians who opted to stay home yesterday in order to triumph."
Because power in Iran is ultimately held by Supreme Leader Ayatollah Ali Khamenei, the winner of the presidential election is unlikely to substantially shift policies such as Iran's nuclear program or its support for militant groups in the Middle East, according to Reuters.
However, NIAC said the difference between the two candidates was "about as wide a difference as the Islamic Republic's restricted elections would allow."
Pezeshkian, a former health minister who represents Tabriz in Parliament, advocates for economic and social reform. He expressed regret over the death of Mahsa Amini after she was arrested for allegedly wearing her hijab incorrectly—an event that sparked nationwide protests in 2022—and also criticized the Raisi government for lack of transparency during the protests.
"We will respect the hijab law, but there should never be any intrusive or inhumane behavior toward women," Pezeshkian said after voting on Friday.
In foreign policy, he supports direct diplomacy with the U.S. and has expressed interest in renegotiating the 2015 Iran nuclear deal or Joint Comprehensive Plan of Action (JCPOA).
Jalili, who represents Khamenei on the Supreme National Security Council, supports even stricter hijab laws, advocates for internet restrictions, and opposes the JCPOA or any negotiations with Western countries.
Because Pezeshkian was the only reformist in the first round of elections, he may struggle in a second round unless turnout increases, as supporters of the other conservative candidates would vote for Jalili, according to The Guardian.
However, a reformist newspaper editor told the Middle East Eye that many people who had sat out the first round of elections may vote in the second round to prevent a win by Jalili. The editor also predicted that many people who voted for Ghalibaf in the first round would back Pezeshkian in the second.
"At least 40% of his supporters, who are moderate and pragmatic conservatives, would vote for Pezeshkian as they fear Jalili's domestic policies and dead-end foreign policy," the editor said.
Ahead of the election, Trita Parsi of the Quincy Institute for Responsible Statecraft predicted that voters would ultimately decide based on a desire to improve "their increasingly dire economic situation in the medium term."
"They are looking for the candidate who will most likely be able to reduce the price of meat," Parsi wrote.
He did predict the winner could make a difference in Iran-U.S. relations, but only up to a point.
"Expectations for an opening between the U.S. and Iran should be kept low, even if Pezeshkian wins," Parsi concluded. "The problems between the U.S. and Iran are deeper today than they were in 2013, the trust gap is wider, reversing Iran's nuclear advances is going to be more difficult and politically more costly. On top of all that, Iran has more options in today's increasingly multipolar world."
68 'Summer of Heat' Activists Arrested in NYC Protesting Citgroup's Fossil Fuel Financing
"Citi's business model is frying our planet," said one campaigner.
Scores of activists were arrested Friday during a protest outside Citigroup's New York City headquarters, where demonstrators condemned what organizers called the megabank's "racist investments devastating Black and brown communities" and fueling the worsening climate emergency.
Around 1,000 people including environmental leaders from the Gulf Coast of Texas and Louisiana gathered at Zuccotti Park in Lower Manhattan's Financial District, where they rallied before marching to "demand that Wall Street stop funding the fossil fuel projects causing environmental devastation in mostly Black and brown communities in the Gulf South and across the globe."
The march ended at Citigroup's headquarters on the west side of Lower Manhattan, where organizers from New York Communities for Change said 68 people were arrested. The group said a total of 259 activists have been arrested during ongoing Summer of Heat on Wall Street protests, which it organized along with Stop the Money Pipeline, Climate Defenders, and Planet Over Profit.
"On Monday, climate activists from the Gulf South and allies held a roving speak out in front of financial institutions backing the fossil fuel industry, including KKR, BlackRock, and Bank of America," New York Communities for Change said. "On Wednesday, protesters held a civil disobedience action in front of the insurance conglomerate Chubb, which insures petrochemical projects destroying the climate in the Gulf South and around the globe."
One of the protest's organizers, Roishetta Ozane—who founded the Vessel Project of Louisiana—said that "projects that kill our communities like Freeport LNG (liquefied natural gas), Cameron LNG, Corpus Christi LNG, and others would not exist without the backing of financial institutions like Citigroup."
"Money made from them is blood money," Ozane added. "Since they destroy our homes, we're coming to pay them a visit. We will break this cycle of violence and exploitation now because later is too late. We want Citigroup to stop funding fossil fuels and to stop hurting our communities and our families."
As Stop the Money Pipeline coordinator Alec Connon explained in an opinion piece published earlier this month by Common Dreams:
Since the adoption of the Paris agreement in 2015, Citi has provided $204.46 billion in financing to the company's most rapidly developing new coal, oil, and gas fields. Remarkably, Citi has provided more money to those oil and gas companies than even JPMorgan Chase―the bank that climate activists like to call the 'Doomsday Bank.'
To be clear, I'm talking here only about the financing Citi has provided for companies developing new oil and gas reserves, not merely investing in infrastructure to keep the oil pumping from existing reserves. When we take into account financing to all fossil fuel companies, Citi has provided a little shy of $400 billion to coal, oil, and gas companies since 2015.
Citigroup contends that it is "supporting the transition to a low-carbon economy through our net zero commitments and our $1 trillion sustainable finance goal," and that its "approach reflects the need to transition while also continuing to meet global energy needs."
However, Climate Defenders organizing director Marlena Fontes countered that "Citi's business model is frying our planet."
"Every credible climate scientist says that we can't afford to put one more penny into fossil fuels, but Citi is the number one funder of fossil fuel expansion in the world," Fontes added. "Until Citi stops funding fossil fuels, they can expect resistance from everyday people like us who want our children to be able to play outside without coughing on wildfire smoke or getting sick from deadly heatwaves."