Statement from Larry Dupuis, ACLU of Wisconsin Legal Director:

The Lafayette County Board recently withdrew a proposal that sought to prosecute journalists for failing to publish news releases in their complete and unedited form, and is now considering a resolution that would sanction elected officials for speaking publicly about a water quality study without the consent of a panel of county representatives. 

The Lafayette County Board should reject this proposed resolution and Board members should abandon their misguided efforts to suppress discussion of matters of public concern.

Government and elected officials do not surrender their First Amendment right to freedom of expression by serving the public.  In fact, they are often in a unique position to speak about government affairs that would otherwise be hidden from public view.  

Placing a prior restraint on elected officials' ability to communicate on a particular subject is precisely the sort of content-based censorship the First Amendment forbids.

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The ACLU of Wisconsin is urging the Menomonee Falls School Board to retire the Menomonee Falls High School mascot, asserting the use of Native American mascots perpetuates negative and damaging stereotypes about indigenous people.

“Race-based mascots and imagery perpetuate damaging stereotypes and undermine the educational experience of all students,” said Chris Ott, ACLU of Wisconsin executive director. “Our schools should be fostering safe and inclusive learning environments for all students – not promoting racist stereotypes and imagery. Human beings are not mascots, and the evidence is clear that race-based mascots create a hostile environment that is harmful to our students and schools. We urge the Menomonee Falls School Board to approve this long-overdue change and retire this divisive and racist mascot.”

Studies have shown that race-based mascots have a damaging effect on students. In 2005, the American Psychiatric Association publicly called for “the immediate retirement of all American Indian mascots” because they teach “misleading, and too often, insulting images of American Indians.”

A growing number of Wisconsin school districts that include Native American or tribal imagery are reconsidering their mascots and logos. The Wausau School Board and 17 other districts have urged the Wisconsin Association of School Boards to lobby for a state law to remove mascots or nicknames that could be considered offensive. Currently in Wisconsin, 31 school districts have or use Native American or tribal imagery as a part of their mascots or logos. 

AB 426 seeks to silence activists with the threat of felony charges for protesting at “critical infrastructure” facilities

MILWAUKEE —  The ACLU of Wisconsin released the following statement regarding an anti-protest bill passed by the Wisconsin Legislature:  

“While advertised as an effort to protect Wisconsin’s infrastructure, the real impact of this bill would be to criminalize peaceful protesters and suppress the freedom of speech,” said Chris Ott, ACLU of Wisconsin executive director. “The Constitution firmly protects protests even when – and especially when – they stir anger, challenge government policy, and express dissatisfaction with the status quo. Anti-protest bills like AB 426 threaten these fundamental rights by criminalizing peaceful demonstrators for making their voices heard.” 

AB 426 is an expansion of a law passed in 2015, which made it a felony to interrupt or impair services provided by an energy company. The new bill expands those provisions to specifically include companies that operate a gas, oil, petroleum, refined petroleum product, renewable fuel, or chemical generation facility. Specifically, the ACLU of Wisconsin voiced concerns that the bill’s vague and ambiguous language would have a chilling effect on expressive activity and lead to self-censorship among climate activists fearful of criminal penalties. 

“Here in Wisconsin and across the country, climate protesters  — who are often members of Native tribes — have been exercising their constitutional right to protest the impending damage to their lands, homes, and livelihoods,” Ott continued. “This proposal would put these demonstrators at risk of being criminally prosecuted for engaging in peaceful, nonviolent civil disobedience – like staging a march that interferes with a tanker truck delivery or blocking a roadway into a refinery.”

Protesters can learn more about their free speech rights at: https://www.aclu-wi.org/en/news/protests-and-first-amendment-rights