News & Commentary

LITTLE ROCK -- The American Civil Liberties Union of Arkansas today asked the FBI to turn over records related to the agency's collection and use of race and ethnicity data in local communities. According to a 2008 FBI operations guide, FBI agents have the authority to collect information about and map so-called "ethnic-oriented" businesses, behaviors, lifestyle characteristics, and cultural traditions in communities with concentrated ethnic populations. While some racial and ethnic data collection b

LITTLE ROCK, July 19, 2010 -- The City of North Little Rock has responded to concerns raised by North Little Rock residents and the Arkansas Civil Liberties Union concerning prayer before city council meetings. The Arkansas Civil Liberties Union, in response to concerns expressed by North Little Rock residents about the city council's practice of offering a sectarian prayer to open council meetings, contacted the city attorney and urged the city to end this unconstitutional practice. Noting that only pr

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FOR IMMEDIATE RELEASEDecember 15, 2009LITTLE ROCK, AR – A federal judge this week granted a request by the American Civil Liberties Union of Arkansas that a temporary Winter Solstice display be allowed to be erected on the grounds of the state Capitol.   ?The ACLU of Arkansas filed a federal lawsuit last week charging Arkansas Secretary of State Charlie Daniels with violating the free speech rights of the Arkansas Society of Freethinkers by illegally barring them from putting up their display, despite the fact that it meets the requirements of the state capitol display policy and despite the presence of another display on the grounds.??"This is a victory for freedom of speech in America," said Rita Sklar, Executive Director of the ACLU of Arkansas. "People cannot be arbitrarily denied their constitutionally protected right to free expression in a public forum, and that is exactly what had happened in this case."In 1993, the Arkansas Secretary of State adopted a policy for "Temporary Displays on State Capitol Grounds." The policy set up a system whereby any person or group could put up a temporary display by meeting certain requirements, including sturdiness and non-interference with pedestrian traffic. The Freethinkers' proposed display met the guidelines of the policy, but was nonetheless rejected by Daniels, who cited an Arkansas statute providing authority to the state capitol police to maintain "proper order and decorum."On further inquiry, the Secretary of State's office asserted that the proposed display did not have the proper "tone." Later, the office added that a Winter Solstice display would not be consistent with the other displays and decorations at the Capitol. According to court papers filed by the ACLU, the only other temporary display on state capitol grounds is "a crèche with a wood exterior and nativity figures carved out of wood. The display is not decorated with lights or ornamentation of any kind and is devoid of a festive tone."The Arkansas Society of Freethinkers is a statewide non-profit organization in part dedicated to promoting education and awareness of Freethinkers, their history, activities and holidays. The group filed a written application to put up a display October 16, describing the meaning and history of the Winter Solstice holiday. Though the Society of Freethinkers could have sought to have the existing nativity scene removed, the suit did not request this relief.  Instead, the Society of Freethinkers sought and obtained permission to include their display as part of the celebration, as was intended by the Secretary of State's policy and by the First Amendment.The Winter Solstice celebration is an ancient tradition that is celebrated by the Freethinkers annually from approximately November 15 to January 5. The Society of Freethinkers asserts that the purpose of the Winter Solstice display is to express some of the members' beliefs and to educate the public about the Winter Solstice and Freethinkers.Pictures of the Freethinkers display can be seen at: wintersolsticedisplay.info and more information about the ACLU's work on Religious Freedom and Belief can be found at http://www.aclu.org/religion-belief .Attached:Opinion and Order Granting Preliminary Injunction - December 16, 2009

FOR IMMEDIATE RELEASE?December 10, 2009??LITTLE ROCK, AR – The ACLU of Arkansas filed a federal lawsuit today charging Arkansas Secretary of State Charlie Daniels with violating the free speech rights of The Arkansas Society of Freethinkers by barring them from erecting a temporary Winter Solstice display on the grounds of the state Capitol.  An application by the Freethinkers to erect a display was rejected despite  the fact that the proposed display meets the requirements of the state capitol display policy and despite the presence of another display on the grounds.??The ACLU lawsuit asks the U.S. District Court for the Eastern District of Arkansas to order Daniels to grant the Freethinkers permission to put up their display.??In 1993 the Arkansas Secretary of State adopted a policy for "Temporary Displays on State Capitol Grounds." The policy set up a system whereby any person or group could put up a temporary display by meeting certain requirements, including sturdiness and non-interference with pedestrian traffic. The Freethinkers' proposed display met the guidelines of the policy, but was rejected.??"It's clear that the only reason the Freethinkers' application has been turned down is that the Secretary of State doesn't like the message of the display," said Rita Sklar, Executive Director of the ACLU of Arkansas. "The Secretary of State didn't have to allow anyone to put up a display on the Capitol grounds, but when the Office adopted the temporary display policy it set up a public forum where anyone with any message could install a display if they followed the policy."??The Arkansas Society of Freethinkers is a statewide non-profit organization in part dedicated to promoting education and awareness of Freethinkers, their history, activities and holidays. The group filed a written application to put up a display October 16, describing the meaning and history of the Winter Solstice holiday. The Secretary of State rejected the application in November, citing an Arkansas statute that provides authority to the state capitol police to maintain "proper order and decorum." On further inquiry, the Secretary of State's office asserted that the proposed display did not have the proper "tone." Later, the office added that a Winter Solstice display would not be consistent with the other displays and decorations at the Capitol.??According to court papers filed by the ACLU, the only other temporary display on state capitol grounds is "a crèche with a wood exterior and nativity figures carved out of wood. The display is not decorated with lights or ornamentation of any kind and is devoid of a festive tone."??When the ACLU submitted a Freedom of Information Act request for the file on the 16-year-old policy for the past 10 years, the only documents provided were the applications filed the past two years by the Freethinkers, the denials of these applications and the policy listing the requirements that must be met in order to erect a temporary display. There were no applications or permits related to the other display.??ACLU attorneys met with representatives of the Secretary of State's office to request clarification of the reasons the Freethinkers' display was turned down, and to ask how the other display was put up every year without any apparent documentation. When they received no answer, the ACLU lawyers informed Secretary of State officials that denying the Freethinkers permission to erect their display was unconstitutional and that litigation was likely.??"Our goal is to be included in the holiday season, which we think is big enough to accommodate everyone," said Bill Parker, an Arkansas Society of Freethinkers officer.  "All we want is to be treated fairly, and have the same access to express ourselves on public grounds that other groups have."??The Winter Solstice celebration is an ancient tradition that is celebrated around the time of the winter solstice, December 21.  Some Freethinkers celebrate it annually from approximately November 15 to January 5. The Society of Freethinkers asserts that the purpose of the Winter Solstice display is to express some of the members' beliefs and to educate the public about the Winter Solstice and Freethinkers.??In court papers the ACLU says that the Secretary of State is preventing the Freethinkers Society "from exercising its First Amendment rights," and that they "suffer, and will continue to suffer, irreparable harm" if the society is "not permitted to install its display on the state capitol grounds as soon as possible."??The ACLU complaint further states that the Secretary of State's action "violated the First and Fourteenth Amendments because it conditions access to the designated public forum" on his "personal acceptance of content and viewpoint […of…] constitutionally protected speech."??Pictures of the Freethinkers display can be seen at: wintersolsticedisplay.info.Attached:ACLU Complaint in The Arkansas Society Of Freethinkers vs. Charlie Daniels (PDF) Arkansas Secretary of State policy on "Temporary Displays on State Capitol Grounds" (PDF)

FOR IMMEDIATE RELEASE?December 8, 2006CONTACT: Rita Sklar or Holly DicksonLITTLE ROCK - With the winter holiday season approaching and with the intent of avoiding potential conflict during what is a joyous season for millions, today the ACLU of Arkansas sent out letters to Arkansas school superintendents giving guidance on issues regarding religion and the public schools. The letter addresses two issues: whether there is a place for religious holidays in the public schools, and whether or not schools may make religious material available to students.“I believe the reason there is often so much contention about religion and the public schools is the fact that most of us do not receive an adequate education about how the Bill of Rights protects our rights, and what that means in practical situations — I know I didn’t.” said ACLU of Arkansas executive director Rita Sklar. “I was never taught in school that the reason America has the greatest religious diversity and religious freedom on the planet is because we have government-free religion, for example, and I believe many of us don’t see that when the government supports or promotes religion, religion is no longer government-free.”The letter addresses the question of religious holidays first. It reminds superintendents that the proper role of schools is to educate students in a fair, unbiased, objective, and balanced manner, with respect for different religions. The letter says, in part, “The First Amendment balances freedom of religious belief and expression with freedom from state-imposed expression... [P]ublic schools should not inhibit or disparage religious belief or non-belief, nor should public schools promote, sponsor, or endorse any particular religion, belief, or religious activities. Any public school’s approach to religious holidays should be offered in the spirit of education, and not promoting religious beliefs. ... Public schools may provide instruction about religious traditions and beliefs ... and schools may teach students about religious holidays. ... Education about religion or religious holidays must be explained in an unbiased and objective manner. However, schools may not use their influence to promote a particular religious belief or belief over non-belief either through instruction, observance of holidays as religious events, or encouraging students to observe religious holidays.”The letter also discusses the issue of school performances, noting that school concerts that present a variety of selections may include religious music, but that concerts should not be dominated by religious music, especially when they coincide with a particular religious holiday or are used to promote religion. Plays portraying the Hanukkah miracle or Nativity pageants are entirely inappropriate for the public school setting.Last week, the Baxter Bulletin newspaper reported that Pinkston Middle School in Mountain Home announced to students during lunch that Bibles were available for students outside the cafeteria, and that any student wanting a Bible could pick one up. The ACLU asked the Mountain Home Public School District to discontinue this practice and included this subject in the letter the ACLU planned to send to superintendents on religious holidays. “A school’s participation in or supervision of such activities, such as the Gideons’ Bible distribution, impermissibly suggests that the program is a valid part of a legally required education,” says the letter. “The practice also carries the unmistakable message that acceptance of the Bible or other materials is the norm, and that non-adherents are something less than full members of the school community.... [Furthermore, t]here is no difference between school officials allowing Gideons or any other religious group to hand these materials to students personally or to put religious materials out on a table for students to take ‘of their own free will,’ or for the school to put the materials on the table, whether they came from an outside group or another source. What some perceive as a neutral act of ‘allowing’ students to choose whether to take materials is in fact not neutral, and constitutes school action.”“The purpose of the letter is to assist the schools by outlining common questions and issues and help school officials and students have a less stressful holiday season,” ACLU staff attorney Holly Dickson said. “As we were drafting it, we received a report of another school district where students were told in class to come forward if they wanted to receive a Bible. That’s a hair away from an altar call,” Dickson said, “and it violates the First Amendment.”“We can’t have the freedom to express our religious beliefs and allow the government to promote religion,” said Sklar, “we just can’t have it both ways.”The ACLU has published a list of some of the freedom of religious expression cases the ACLU brought in the last few years years. A copy of the letter to school districts and a short list of the freedom of expression cases are available below. The full list is available on the ACLU’s website .