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ACLU of Florida In The Courts ...
Report from Legal Director Randall Marshall
(January 2002)
Free Expression (Cooper v. Dillon and City of Key West; S.D. Fla.): Dennis Cooper, editor of Key West The Newspaper, had been investigating whether a Key West police officer had given false testimony in a court proceeding. When he couldn't get any cooperation from the police department, he filed a complaint with the Florida Department of Law Enforcement, which then requested a response from the Key West Police Department. Cooper published his own information gathered in his investigation and the fact that FDLE requested a response from the police department. Police Chief Dillon, who had been the subject of many of Cooper's stories, then personally obtained an arrest warrant for Cooper based upon a state statute making it a misdemeanor to reveal information gathered during an internal police investigation. The statute had been declared unconstitutional in 1991 in an unpublished federal decision. The criminal charges were dropped. A civil action was filed on December 21, 2001, charging that Cooper's arrest was in retaliation for the exercise of his First Amendment rights and represented official oppression by the police chief. Cooperating attorneys: James Green, Mick Barnes (Key West); Randall Marshall, Legal Director.
Reproductive Freedom:
(North Florida Women's Health and Counseling Services, Inc. v. State of Florida; Florida Supreme Court): This case is a constitutional challenge to Florida's Parental Notice Act (requiring notification prior to a minor obtaining an abortion). The Act was initially struck down by the circuit court but that decision was reversed on appeal by the district court of appeal. It is now pending before the Florida Supreme Court. ACLU of Florida has joined with National ACLU and the Women's Law Project in submitting an amici curiae brief arguing that striking down the Act as unconstitutional and enjoining its enforcement does not infringe on parental rights secured by the U.S. Constitution. The Florida Catholic Conference argued in its brief before the district court of appeal that it was an infringement.
Gay Adoption (Lofton v. Kearney, S.D. Fla.): This case challenges Florida's ban on adoption by gays and lesbians based upon equal protection grounds. The court granted judgment for the state in October and denied our motion for reconsideration in November. An appeal has been filed.
School Prayer (Adler v. Duval County School Board, U.S. Supreme Court; 11th Cir.): This lawsuit challenges a decades old practice in Duval County (Jacksonville) of school sponsored prayers, invocations and benedictions at high school graduation ceremonies. Although the practice was initially held to violate the Establishment Clause by an 11th Circuit panel, the full court, sitting en banc, ruled that the policy was facially constitutional. The Supreme Court granted certiorari and remanded the case to the 11th Circuit for consideration in light of Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000), which held that prayers before high school football games over the loud speaker was unconstitutional despite being organized by students. Upon remand, the 11th Circuit again held that the policy was facially constitutional. A second petition for writ of certiorari was filed, but the Supreme Court denied further review. Although we are deeply disappointed by this result, we will continue to try to limit the decision to its peculiar facts ? where a school administration cedes total authority to students to deliver a graduation message (making the comments un-reviewable by the school administration), only then can it pass constitutional muster. Cooperating attorneys: Bill Sheppard and Gray Thomas.
Secret Evidence (Mazen Al Najjar v. Ashcroft (Immigration Judge; S.D. Fla.; 11th Cir.) Dr. Mazen Al Najjar, a stateless Palestinian who has lived in the United States since 1981, was detained for over three-and-a-half years on the basis of secret evidence that he never had the opportunity to confront or rebut. Miami federal court Judge Joan A. Lenard ruled that Dr. Al Najjar's due process rights had been violated. She remanded the matter to an Immigration Judge, who then ordered his release. The government then received an initial stay of the release. The stay was later lifted by the Attorney General and on December 15, 2000, Dr. Al Najjar was released. The government continued to pursue its appeal of Judge Lenard's initial order. Oral argument was held in November, but in light of the 11th Circuit's affirmance of previous deportation orders, the appeal was dismissed as moot. Dr. Al Najjar was again taken into custody on November 24, 2001. We have sought further action from the district court, claiming that the new detention further violates his constitutional and statutory rights.
