People serving extreme prison sentences or who may be out of prison but find their lives complicated and harmed by a past conviction can seek relief through clemency, the process in which a sentence is commuted or a conviction is pardoned. It's a long process that involves approval from both the Pennsylvania Board of Pardons and the governor.

In this episode, we learn more about why people seek clemency, what they have to do to get it, and how the intersection of the immigration and criminal legal systems can have a devastating impact on immigrants and their families. To explain this, we hear from Maria Goellner of FAMM, David Bennion of Free Migration Project, and Jesenia Calderon, whose father Denis was deported to Peru in 2009 after an aggravated assault conviction in Philadelphia.

On August 2 and 3, the Board of Pardons will hold a series of public hearings on multiple cases, including Denis Calderon. A webcast of the board's hearings will be available at this link: https://www.bop.pa.gov/Board-Information/Pages/Board-Meeting-Dates.aspx

Learn more about FAMM's work in Pennsylvania, including on clemency: https://famm.org/our-work/states-where-we-are-working/pennsylvania/

For more information about the case of Denis Calderon and his cousin Julio Maldonado, visit Free Migration Project's website: https://freemigrationproject.org/justice-for-denis-2/

"Like winning the lottery": Clemency in PA

When the U.S. Supreme Court overturned its own precedents and ruled that access to abortion is not a right guaranteed by the Constitution, five justices did something that the Supreme Court has rarely done - rolled back an existing guarantee of liberty.

In this emergency episode of Speaking Freely, we hear from ACLU-PA Deputy Legal Director Sara Rose and Senior Policy Advocate Julie Zaebst. Sara and Julie have been part of our team that has been responding to the Dobbs decision. In this conversation, we specifically discuss the impacts of the court’s ruling in Pennsylvania - on patients and providers, on the political landscape, and in the courts.

Tell your state senator to vote "no" on Senate Bill 956: https://action.aclu.org/send-message/pa-abortion-amendment

Become an Abortion Care Champion with ACLU-PA: https://action.aclu.org/webform/pa-abortion-care-champ

What "Post-Roe" Means in Pennsylvania

Episode 74 is part two of our discussion about cash bail. In this episode, we hear from Alex Domingos of ACLU-PA and the Dauphin County Bail Fund and Michelle Batt of the Lancaster Bail Fund. Alex and Michelle explain what a bail fund is and what role it plays in the work to end pretrial detention. As an activist in Lancaster County, Michelle also explains the impact that ACLU-PA’s lawsuit against the county over its cash bail practices has had and how grassroots advocates have been arguing for the same reforms for over a year.

Dauphin County Bail Fund: https://dauphincountybailfund.org/
Lancaster Bail Fund: https://lancasterbailfund.org/

"ACLU's lawsuit affirms need for bail reform now" by Michelle Batt: https://lancasteronline.com/opinion/columnists/aclu-s-lawsuit-affirms-need-for-bail-reform-now-column/article_58d1f32a-cd33-11ec-9f4b-fb1bd2a8e075.html

Bail Funds and Ending Pretrial Detention

There are many public policies that have fed mass incarceration in Pennsylvania and in this country, from extreme sentencing to overpolicing to duplicate offenses that criminalize a single act. One of those policy choices is the commonwealth’s overuse of cash bail. On any given day, there are more than 30,000 people in Pennsylvania’s county jails. A majority of them have been accused but not convicted of a crime. And many of them are only in jail because they’ve been ordered to post cash bail but don’t have the money to pay it.

On this episode, we hear from ACLU-PA's Jessica Li, our criminal justice investigator, and Nyssa Taylor, ACLU-PA’s criminal justice strategic litigation and policy counsel. Jess talks about the findings and recommendations of our report Broken Rules: How Pennsylvania Courts Use Cash Bail to Incarcerate People Before Trial, and Nyssa tells us more about why we sued several magisterial district judges in Lancaster County for their cash bail practices.

Read the report: https://aclupa.org/en/broken_rules_report

Learn more about ACLU-PA's lawsuit against Lancaster County: https://aclupa.org/lancaster-bail

Judges and the Cash Bail Rules That They're Breaking

Happy 4/20 to all who celebrate! Since February, committees in the state Senate have held several hearings on ending prohibition and legalizing recreational cannabis, as bipartisan support for the idea slowly builds in the state legislature.

So what does legalization look like? On this episode, we hear from Alison Holcomb, political director of the ACLU of Washington and campaign director of New Approach Washington, the 2012 effort to win voters' approval of a ballot initiative to legalize recreational cannabis. In this conversation, Alison explains the benefits of ending prohibition, how Washington's cannabis policies can be improved, and popular myths that have been proven wrong by the state's eight-year experience with cannabis retail sales.

Learn more about the ACLU of Washington at aclu-wa.org, on Facebook [at]acluwa, and on Twitter [at]ACLU_WA.

"Look at what we've done": Cannabis Legalization in Washington

Students around the state returned to full-time, in-person this school year, and their return revealed yet again the need for supports that help them succeed academically, socially, and emotionally. 

Unfortunately, in this environment, some schools continue to rely on police to handle routine discipline. In this episode, ACLU-PA Community Advocate Ghadah Makoshi explains the programming that benefits students and prevents conflicts from occurring in the first place, the policy choices that schools are making, and who is most likely to be impacted by police presence in schools. 

Ghadah also discusses a new ACLU-PA report, which she co-authored, that reveals that students in Allegheny County public schools are more likely to be arrested in school than their peers around the state, that Black students and students with disabilities are arrested disproportionately in the county's public schools, and that many districts are not reporting their arrest data to state and federal agencies, as required by law.

The report is available at this link: https://aclupa.org/en/publications/student-arrests-allegheny-county-schools-need-transparency-and-accountability

Ghadah's blog post "Students Need More Support and Compassion, not Increased Punishment" is available here: https://aclupa.org/en/news/students-need-more-support-and-compassion-not-increased-punishment

Creating a School Environment That's Fair and Just for Students

In theory, a probation sentence in the criminal legal system should be an alternative to incarceration. The problem? In practice, it feeds mass incarceration, with restrictive rules that set people up for failure.

In this episode, we hear from Dolly Prabhu, staff attorney for Abolitionist Law Center, and Kate Parker and Byron Cotter from the Defender Association of Philadelphia. Dolly, Kate, and Byron explain how probation functions, why it's flawed, and what kind of reform is needed of Pennsylvania's probation system. (Hint: It's not in the legislation currently being debated at the PA General Assembly.)

Learn more about Senate Bill 913 at this link:
https://aclupa.org/en/legislation/sb-913-probation

Contact your state rep and tell them to vote NO on SB 913 at this link:
https://action.aclu.org/send-message/pa-oppose-sb913

What Probation is and Why it Needs to be Changed

2021 proved that the ACLU is as relevant as ever. The fights go on. In this episode, we hear from ACLU-PA Executive Director Reggie Shuford, who talks about the year that was and the year ahead in 2022. Reggie explains the issues we're prioritizing, the ongoing threats to democracy, and our commitment to living our values as an organization.

State of the Union 2021

Like other lawmakers in a handful of states, Pennsylvania Senate Republicans have initiated a sham review of the 2020 general election. On a party-line vote, a committee of the state Senate voted to subpoena the personally identifying information of all nine million registered voters in Pennsylvania. The subpoena demands voters' names, addresses, dates of birth, driver's license numbers, and partial Social Security numbers.

ACLU-PA has joined a lawsuit challenging the subpoena as co-counsel for eight individuals and three advocacy organizations - Make The Road Pennsylvania, Common Cause PA, and the League of Women Voters of PA. Oral arguments in the case will be held on December 15 before the Commonwealth Court in Harrisburg. 

In this episode, we hear from Diana Robinson, civic engagement director for Make The Road PA, and Marian Schneider, consulting attorney on elections and voting rights for ACLU-PA. Marian and Diana discuss why the Senate's sham review is an unnecessary distraction from real issues, why it threatens both voting rights and the right to privacy, and how supporters of democracy can support and protect the franchise.

Learn more about this case at aclupa.org/Dush. Learn more about the work of Make The Road PA at maketheroadpa.org, on Facebook, and on Twitter [at]MakeTheRoadPA.

Rights in Peril: Protecting Both the Vote and Voters' Privacy

The fight around abortion access has once again made it to the U.S. Supreme Court. And around the country, abortion liberation activists are unpacking what a ruling overturning Roe v. Wade or rolling back access could mean for the landscape of abortion health care. 

On this episode of Speaking Freely, we are joined by Elicia Gonzales, executive director of the Abortion Liberation Fund of PA, formerly known as the Women’s Medical Fund, and Lizbeth Rodriguez, community engagement coordinator for the Philadelphia Women’s Centers. They discuss how restrictions are currently impacting their work, the need for funding and community support, how abortion restrictions are rooted in white supremacy, and how their organizations are adapting and preparing so that they can continue to fight for abortion liberation across Pennsylvania.

This episode was hosted by Cambriae Lee, ACLU-PA marketing and brand manager, and Julie Zaebst, ACLU-PA senior policy advocate.

To support the Abortion Liberation Fund of PA and the Women's Centers, visit their websites.

Abortion Liberation Fund of PA: https://www.womensmedicalfund.org


The Women's Centers: https://www.thewomenscenters.com/take-action

The Fight for Abortion Liberation in PA

In August, staff at Central York High School were issued a long list of materials that could not be used in classroom instruction, per a ban by the district's board. What all of the resources had in common was that they were by or about people of color.

After the situation became public in a story by the York Dispatch, students and staff at Central York fought back, staging multiple protests and bringing local and national media attention to the school's censorship. On September 20, the school board rescinded the ban, although the board stated that it will further review the materials later this fall.

In this episode, we talk with three students and two teachers who were in the middle of the pushback against the ban.

The list of banned materials is available at this link: https://www.ydr.com/story/news/2021/09/14/books-and-other-resources-banned-central-york-school-board/8333108002/

Banned Books at Central York and the Students Who Fought It

For a decade, the ACLU-PA has been part of the team monitoring how the Philadelphia police use stops and frisks of pedestrians on city streets. The monitoring process stems from the settlement of a 2010 lawsuit brought against the city by ten Black and Latinx men who were illegally stopped on account of their race.

While there's been progress in the ten years since the settlement, thousands of people are illegally stopped without legal justification every year, and racial disparities in who gets stopped remain.

On August 1, the Philadelphia police implemented a new pilot program, under court order, in the city's 14th police district, which covers parts of Northwest Philly. In this program, police do not stop and detain people who are committing any of one of a long list of minor offenses. They simply ask them to stop the activity and move along.

In this episode, we hear from Mary Catherine Roper, deputy legal director of the ACLU-PA, and Frederick Bates, a community ambassador for ACLU-PA who is helping to get the word out to residents about the new program. Ultimately, the goal is for this program to go citywide.

To learn more, visit aclupa.org/stopandfrisk.

Deescalate the Police: A New Approach in Northwest Philly

For approximately two decades, Berks County in eastern Pennsylvania has had a working agreement with Immigration and Customs Enforcement to hold people in detention on ICE’s behalf. Under the leadership of presidents from both major political parties, the facility has held parents and children as young as newborns. 

Several years ago, a coalition of faith leaders, immigration activists, and civil rights advocates came together to create a coalition that calls for an end to Berks County’s agreement with ICE and demands an end to family detention altogether. In this episode, we hear from three leaders of the Shutdown Berks Coalition - Jasmine Rivera, the Reverend Linda Theophilus, and Armando Jimenez. Jasmine, Pastor Linda, and Armando explain what life is like for people held at Berks, what the coalition has been doing to advance this cause, and why the work goes on even though the facility is empty today.

Take action by signing the coalition's petition to end family detention and all immigration detention: https://actionnetwork.org/petitions/biden-end-immigrant-family-detention-separation-end-all-immigrant-detention-deportations?source=direct_link&fbclid=IwAR0cAkxSJRuQljSjAk8I_SrcSHNMG4_LlCl6KqRS1OvSKTf2dN8A9aXERrs

Follow Shut Down Berks on Twitter [at]shutdownberks and on Facebook [at]shutdownberkscoalition.

Shut Down Berks: Ending family detention

Eighteen years ago, after receiving a courtesy ride from a Philadelphia police officer, Nizah Morris, a Black trans woman, was found hit over the head. She died shortly after. After years of asking for police transparency and answers, Nizah's murder is still unsolved, and evidence from her case remains unavailable to the public. 

On this episode, we are joined by PGN reporter Timothy Cwiek who has covered the case for almost two decades and has fought tirelessly for police transparency. Additionally, Reporter's Committee Legal Initiative Attorney Paula Knudsen Burke brings legal insight to Pennsylvania laws around transparency. And ACLU-PA Trans Justice Coordinator Naiymah Sanchez explains issues that trans women face today.

Follow Tim's reporting on Nizah Morris here: https://epgn.com/?s=Nizah+morris.

Learn more about our trans justice work: https://www.transformationpa.org/.

Justice for Nizah Morris

With the state budget deadline looming on June 30, this month is the busy season - or the silly season - at the PA General Assembly. Lawmakers are debating reproductive rights, voting rights, and the continued expansion of the criminal legal system. Here to discuss it all is ACLU-PA's legislative director, Elizabeth Randol.

See how your state lawmakers are voting on civil liberties on our legislative scorecard: https://aclupalegislativescorecard.org/#/

Read the updated edition of our report More Law Less Justice at this link: https://aclupa.org/en/publications/more-law-less-justice-2021

Rights at risk at the state capitol

As more states legalize cannabis, including New York and New Jersey, Pennsylvania is at risk of being left behind, continuing to enforce an outdated, archaic prohibition regime that mixes up more than 20,000 people in the criminal legal system every year. In this episode, Yoko Miyashita explains the economic implications of legalization, including the need for greater racial equity in the industry, and why she traveled all the way from Seattle to be in Harrisburg on 4/20.

Plus, hear from ACLU-PA's Alex Domingos and state Representative Brian Sims.

Learn more about Leafly at https://www.leafly.com/.

2021 Leafly Jobs Report:
https://www.leafly.com/news/industry/cannabis-jobs-report

Green jobs with Leafly's Yoko Miyashita

Deborah Archer is a professor at New York University School of Law, where she is the co-faculty director of the Center on Race, Inequality, and the Law. She's also the new president of the ACLU, the eighth in the organization's history and the first Black person to serve in the role. In this conversation, Professor Archer discusses her vision for the ACLU, how her life experience as a Black woman and the daughter of immigrants inspires her work, and what and who keeps her going when things are really hard.

Follow Professor Archer on Twitter [at]DeborahNArcher.

"Meet Deborah Archer"
https://www.aclu.org/news/civil-liberties/meet-deborah-archer-aclu-national-board-president/

Learn more about the ACLU's Systemic Equality initiative:
https://www.aclu.org/news/topic/systemic-equality-addressing-americas-legacy-of-racism-and-systemic-discrimination/

We have a new president

On April 28, the U.S. Supreme Court will hear arguments in B.L. v. Mahanoy Area School District. In 2017, a Mahanoy student was kicked off the junior varsity cheerleading team after she posted a "snap" on Snapchat that said "fuck school fuck softball fuck cheer fuck everything" while hanging out with a friend at a convenience store on a Saturday. Represented by the ACLU of PA, the student challenged the school's punishment and won four ensuing court decisions.

In this episode, we hear from the student, Brandi Levy, along with ACLU-PA Legal Director Vic Walczak and Mary Beth Tinker, one of the plaintiffs in the Supreme Court's landmark case Tinker v. Des Moines. They talk about what's at stake in this case and why students should have the constitutionally protected right to express themselves.

Oral arguments will be livestreamed on April 28 at 10am at this link: https://www.c-span.org/video/?510036-1/mahanoy-area-schools-district-v-bl-oral-argument

Learn more about this case here: https://www.aclupa.org/en/cases/bl-v-mahanoy-area-school-district

"Punished for a Snapchat: Why School Shouldn't Police Students' Speech Outside of School"
https://www.aclu.org/news/free-speech/punished-for-a-snapchat-why-schools-shouldnt-police-students-speech-outside-of-school/

Students' speech outside the schoolhouse gate

It's 4/20! And arrests for marijuana possession continue apace in Pennsylvania. Chris Goldstein of NORML joins the podcast and reviews the latest arrest data, celebrates progress on ending prohibition around the country, and talks about what the legalization movement can do differently.

Chris on Twitter: [at]freedomisgreen
Chris's writing for NORML: https://norml.org/blog/author/chrisgoldstein/

"A cynical stoner looks back on 4/20"
Published April 23, 2018
https://www.inquirer.com/philly/business/cannabis/a-cynical-stoner-looks-back-on-420-20180423.html

Freedom is green with NORML's Chris Goldstein

Women from the ACLU of Pennsylvania discuss women's rights and the inclusion of BIPOC women and trans women in the movement for women's rights. This conversation was recorded as a Facebook Live on March 22, 2021, in celebration of Women's History Month.

For more information about the ACLU of Pennsylvania, visit https://aclupa.org.

Speaking Freely With the ACLU-PA

Speaking Freely With the ACLU-PA

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