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Articles Posted in Civil Rights/Civil Liberties

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Massachusetts Should Join Other States in Banning Discrimination Based on Natural Hairstyles

This is Part 2 in a series. You can read Part 1 here.  I previously detailed how existing anti-discrimination law is insufficient to protect employees and students who wear their hair in natural or protective styles from discrimination. A national campaign called the CROWN Act, has built an impressive coalition of…

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Recent News Shines Spotlight on the Lack of Legal Protection Against Discrimination Based on Natural Hairstyles

This is Part 1 in a series. You can read Part 2 here. Last week Jon Oliver took a deep dive into Black hair, and the barriers people with natural and protective hairstyles face in the workplace, in schools, and elsewhere. His segment highlighted stories of a woman who was not hired because she wore her hair in locs, twins…

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SJC Strikes Down State Anti-Panhandling Law as Unconstitutional

In a landmark decision published last week, Massachusetts Coalition for the Homeless v. Fall River, the Massachusetts Supreme Judicial Court (SJC) struck down G.L.c. 85, § 17A (often referred to as the anti-panhandling law) as an unconstitutional restriction on protected speech. This decision was hailed as a victory by community…

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Supreme Judicial Court Extends Pre-Trial Detention Time Limits Due to COVID-19 Pandemic

This week, the Massachusetts Supreme Judicial Court (SJC) issued an opinion in Commonwealth v. Lougee holding that its orders delaying trials due to COVID-19 allow the Commonwealth to hold defendants pre-trial beyond time limits set by statute. The decision applies to pre-trial detainees being held either on grounds of dangerousness…

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How Does Massachusetts’ Proposed “Revenge Porn” Law Compare to Other State’s Laws?

By: Leah Durst, Legal Intern Former California Congresswoman Katie Hill recently resigned after sexually explicit photos of Hill and a staffer engaged in consensual sexual activity were leaked, allegedly by her abusive ex-husband. Her resignation should trigger broader discussions about the consequences of living in a digital age: how do we view and treat victims and perpetrators…

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Conservative Christian Group’s Title IX Complaint Against Transgender Athletes Ignores the Meaning of “Sex” Under Title IX Law

Last week, the Alliance Defending Freedom (ADF), a Christian organization purporting to focus on religious liberty issues, filed a complaint with the Department of Education’s Office for Civil Rights (OCR) on behalf of three female high school athletes in Connecticut. The complaint alleges that the three Complainants—cisgender elite track athletes—are being discriminated against…

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Exclusionary Rule Safe in Massachusetts – For Now

Last week, the Supreme Judicial Court reaffirmed that in Massachusetts, evidence unlawfully obtained from a police search will be excluded in criminal trials even in cases in which the police had good reason to believe the search was legal. That ruling buttresses a longstanding difference between federal law and Massachusetts law. In federal court, prosecutors can insulate…

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SJC Clarifies that GPS Monitoring is a Search Subject to Constitutional Protections

Massachusetts courts often require individuals on probation, particularly sex offenders, to wear GPS monitors that track their every movement.  Imposing this requirement, the state’s highest court said for the first time recently, is a search, meaning that a judge can only lawfully require such monitoring after making an individualized determination that balances “the Commonwealth’s need to impose monitoring…

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New Ruling Allows for Secret Recording of Public Officials Engaged in Public Duties in Public Places

As we have previously discussed on this blog, the Massachusetts wiretap statute makes it a crime to “secretly record” any person without their consent.  The law has been used to prosecute and convict people who secretly record police activities.  In Martin v. Gross and Project Veritas Action Fund v. Conley, an individual and a public-interest organization challenged the…

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Does the Man Suing over #MeToo List About Men in Media Have a Shot?

In the fall of 2017, writer Moira Donegan created the “Shitty Media Men” list—an “anonymous, crowd-sourced” spreadsheet that collected rumors and allegations of sexual misconduct by men in media and publishing. The spreadsheet was up on the internet for only 12 hours before Donegan pulled it, but it went viral…