Thursday, April 17, 2014

Daily Read: NYT Editorial on Constitutionalizing Police Surveillance

With the announcement of the disbanding of the "Demographics Unit" in the NYC Police Department, some might think that litigation we've previously discussed about Muslim surveillance after 9/11, such the dismissal of a complaint about surveillance in New Jersey  and federal litigation in New York, is no longer viable.

An editorial from the Board of the New York Times today points to the larger (and longstanding) issues beyond the particular "Demographics" unit:

500px-Spy_silhouette_document.svgThis problem dates back to the 1960s and ’70s, when the department’s infamous “Red Squad” conducted what civil rights lawyers described as illegal surveillance of groups like the Black Panthers, who were acquitted on charges of conspiring to blow up department stores and police stations. The case became a class-action suit that included other political groups and was named for a plaintiff, Barbara Handschu.

Under a 1985 settlement, the city agreed to court-supervised investigation guidelines that were then loosened after the Sept. 11, 2001, attacks.

The editorial recommends that the city agree

to reinstate a provision of the original Handschu agreement that calls for an authority that includes high-level Police Department officials and a citizen appointee to review investigations into individuals or groups engaged in political activity. The point is not to obstruct those investigations, but to ensure that they are warranted and consistent with the Constitution.

 

http://lawprofessors.typepad.com/conlaw/2014/04/daily-read-constitutionalizing-police-surveillance-.html

Criminal Procedure, Current Affairs, Interpretation, News | Permalink

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