By Chad Marlow, Advocacy and Policy Counsel, ACLU
 

On June 11, net neutrality protections will cease to exist. This means your internet service provider will be able to engage in content based discrimination. Internet content it likes — for political or financial reasons — will be delivered at top speeds, while content it disfavors will be slowed or even blocked.

But will that start happening on day one? Almost certainly not, because the big telecoms that fought so hard to kill net neutrality are smarter than that.

It's not over: Tell Congress to restore Net Neutrality

Internet service providers spent millions of dollars lobbying the Federal Communications Commission to end net neutrality, and they are certainly going to expect a healthy return on that investment. While the ISPs are clearly focused on increasing their profits, here the ISPs are likely to be patient. Their wisest course of action will be to eliminate net neutrality like a slow drip over time in the hope that consumers won’t notice and will stop caring.

The big telecoms know that bipartisan legislation to reject the FCC’s abandonment of net neutrality is pending before the House, after being approved by the Senate last month. They know that 86 percent of all Americans favor restoring the FCC’s net neutrality rules. And they know that three state legislatures and six state governors have already adopted pro-net neutrality measures and that many more are considering joining their ranks.

Given this environment, the ISPs are unlikely to engage in visible, net neutrality violating behavior right away.

Shortly after casting his vote in favor of the Senate bill to preserve net neutrality, Sen. John Kennedy (R-La.) said, “If you trust your cable company, you’re not going to like my vote today. If you don’t trust your cable company, you will.”

Kennedy’s analysis is certainly correct, but his comments also hint at what likely is the next step in the ISPs’ net neutrality playbook: Once June 11 comes and goes, we should expect the ISPs will do little to nothing in response. Then, after some time has passed, they will point to their inaction as proof we were wrong to distrust them and their promises not to violate net neutrality in the absence of a federal mandate. And guess what will happen next? Drip. Drip. Drip. And before we know it, a flood will have washed away the free and open internet we all rely on.

So yes, net neutrality will be gone on June 11. When we will first feel the impact of that loss is unknown, but what is known is that the fight is far from over.

To bring net neutrality protections back, call your member of Congress and insist they vote to join the Senate’s effort under the Congressional Review Act to save net neutrality. For extra effect, when you talk to your member of Congress, be certain to mention that net neutrality will be on your mind when you go to the polls in November.

Although we may have lost net neutrality in the short run, if the 82 percent of Republicans, 90 percent of Democrats, and 85 percent of independents who favor net neutrality make their voices heard, there is no doubt we will win in the end.

Date

Wednesday, June 6, 2018 - 11:30am

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For the first time since 1950, the census will ask respondents whether or not they are U.S. citizens. It may seem innocuous, but the addition of the question — in essence, a door-to-door government inquiry as to the citizenship status of every member of every household in the United States — will have far reaching consequences. It will dramatically reduce participation by immigrant communities, stunting their growing political influence and depriving them of economic benefits.

This is not an unintended side effect. It’s the reason the Trump administration sought to add the question, rejecting the advice of Census Bureau’s professional staff, its scientific advisory committee, and five previous census directors from both Republican and Democratic administrations.

Manipulating the census to discriminate against and disadvantage certain groups violates both the Fifth Amendment right to equal protection and the constitutional obligation that the census counts every living person in the United States, not just every citizen. The Trump administration must not be permitted to use the census as a tool to carry out its discriminatory designs — which is why the ACLU and partners have filed a federal lawsuit to block the question’s inclusion before it’s too late. 

The Trump administration has claimed that the Justice Department needs citizenship information in order to enforce the Voting Rights Act. Its pure pretext — the Voting Rights Act has been enforced by the government and private parties for over 50 years and during that time the Justice Department has never had access to individual level citizenship data. Attorney General Jeff Sessions has provided no explanation, let alone a detailed analysis, as to why gathering citizenship data through the census is suddenly necessary.

What the administration has done, however, is make its animus toward immigrant communities abundantly clear. Since taking office, President Trump has routinely denigrated immigrants — calling them “rapists,” “terrorists,” and asking “why are we having all these people from shithole countries come here,” and stating his preference for immigrants “from places like Norway.” His administration’s hostility is evident in a sweeping range of anti-immigrant policies, including the issuance of the Muslim ban, the rescission of DACA, the ending of temporary protected status for hundreds of thousands of immigrants who have resided in the United States for years, criminal prosecutions of asylum seekers, increased ICE raids and deportations, and the forced separation of immigrant children from their parents.

Like these policies, the citizenship question is specifically designed to harm immigrants and instill fear among their members. In fact, the Trump administration added the question with the full knowledge that Census Bureau personnel had recently issued specific warnings that Spanish-speakers, Arab-speakers, and Chinese-speakers, among others, were already expressing unprecedented levels of concern about participating in the census.

Lower response rates will be catastrophic for communities and states with large immigrant populations. As a result of an undercounting of their residents, states may lose seats in Congress and crucial federal funding that is tied to census results. The 2020 census data will also be used by states to draw congressional and state legislative districts. Depressing census response rates in already underrepresented communities will allow politicians to draw even more skewed legislative districts and further dilute the political power of these communities. That result plays directly into a longstanding Trump administration plan to exclude non-citizens when apportioning legislative districts as a way to further strip the political power of immigrant communities.

In fact, anti-immigrant crusader Kris Kobach, who publicly stated that he had proposed the idea of the citizenship question to Trump, made clear that the goal was “so Congress [can] consider excluding illegal aliens from the apportionment process.” This strategy has already proven successful. Following the addition of the citizenship question to the census, legislators in Missouri recently introduced a bill to amend its constitution to draw state legislative districts using only citizens, rather than total population. And the state of Alabama filed a lawsuit seeking to prevent counting undocumented immigrants when apportioning congressional seats.

If the citizenship question is permitted to stand, other states seeking to further this nativist agenda are likely to follow suit.

Date

Wednesday, June 6, 2018 - 10:00am

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By Lorraine Kahneratokwas Gray

It’s not easy to accept that two of my sons are now nationally known, not for their sharp humor, musical talent, or academic achievements, but rather for the humiliation they recently endured on a campus tour. Moms are supposed to have all the answers, but it’s hard to explain why they, as Native Americans, were treated at a public university like they “don’t belong.”

So when Starbucks closed 8,000 stores last week to conduct a racial bias training, the news gave me hope, which is something that I’ve struggled with lately. I’m under no illusion that a four-hour session can fix racism. But I hope that more institutions, including colleges and universities, will take important steps to protect people of color from the consequences of white suspicion.  

It’s been a month since the incident, but April 30, 2018, is a day that will live with me forever. I was worried from the start. My two sons, 17 and 19, were adamant about taking the seven-hour drive in our road-worn family car from our home in New Mexico all the way to Colorado State University in Fort Collins, where they were scheduled to attend a campus tour. I didn’t like that they’d be navigating miles of unfamiliar roads and unbearable Denver traffic alone. But they had worked hard to raise the travel money and CSU was their dream school, so I didn’t stand in their way.

They checked in with me every few hours as they went from Taos to Raton to Pueblo and beyond. When they finally reported in a text that they were on the tour, I was relieved: My boys were safe on campus. I would soon discover that I couldn’t have been more wrong.

Not long after receiving the text, I answered a frantic call from my older son. “Ista!” he said, (Ista is Mohawk for mother) “someone called the police on us because we were quiet!” No mother should have to hear what my sons told me over the phone — that campus police pulled them aside because a woman on the tour thought their shy demeanor and t-shirts were suspicious; that they were frightened and embarrassed by the interrogation; that the tour left them behind as they were being questioned; that they went back to the admissions office afterwards for help, only to be flippantly told, “There’s nothing we can do. You can do a self-guided tour if you want.” 

As a Native American woman, I am part of a community that endures racial bias every day, and I resolved that this injustice would not go unnoticed. Several calls and a rant on Facebook later, my sons’ encounter with racial profiling went viral.

Critics wonder why I would blame Colorado State University for the actions of a campus visitor. But I challenge them to imagine being young, hours away from home, and confronted by campus police due to a ludicrous report from a stranger. Body cam footage shows that the tour guide led participants past the detained boys as if they were invisible. If I can’t trust staff at CSU to keep them safe and respect them for one hour, how can I trust them to ensure their safety and success for four years?

Of course, I am upset by the actions of the unnamed 911 caller. But I am also upset that the police officers didn’t address the tour guide to determine if my boys belonged on the tour. Going forward, the CSU administration should draw up guidelines for university employees on how to deal with teenagers or other people on campus who are on the receiving end of 911 calls that could be based on bias.

They should also consider the trauma that can ensue when young people of color are pulled off a campus tour and detained like criminals. After determining that my sons were wrongfully accused, unnecessarily detained, and unfamiliar with the campus, the least that the officers could have done as public servants was help them catch up to their group.

If our story had not received global attention, the 911 caller would have walked away proudly, feeling that she had done the right thing and saved their group from young men who didn’t belong. And CSU may have never started thinking of ways to protect people of color from 911 busybodies.

We are determined to stop dangerous actions like these by “nervous white people.” What happened at CSU could happen anywhere. What happened to my sons has happened to thousands of native people and other people of color for centuries. We feel it is our duty to take a stand and make the country aware that we’ve had enough.

The concept of “see something, say something” is often abused in America to target people who are simply existing in their skin. This bias must be checked. And institutions ranging from Starbucks to CSU can help. I particularly hope that universities — if they truly want to support inclusion — will do the work to keep other young people from experiencing what my boys did when they were 500 miles from home.

Have you had the police called on you for racist or inexplicable reasons? Share your story

From Starbucks to Yale, the stories of racial profiling that have hit the news recently are disturbing — but they’re not isolated incidents. If you’re a person of color who’s had the police called on you for inexplicable or racist reasons, share your experiences and ideas in the link above. We may use your story in an evolving collection that we will feature on our website.

Date

Tuesday, June 5, 2018 - 2:15pm

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