We are seeing a national phenomenon where, in the name of protecting national security against a new and subtle danger, there is a massive effort to eliminate protections for political protest," said Donna Lieberman, executive director of the American Civil Liberties Union. "These safeguards were put in place in the aftermath of a documented history of systematic spying, infiltration and dirty tricks by police agencies and the FBI."
The New York case involves a consent decree signed in 1985, settling a federal class-action lawsuit originally brought by criminal defense lawyers in 1971. The decree prohibits police from photographing and carrying out surveillance of political demonstrations. To infiltrate lawful political and social organizations, police must establish a suspicion of criminal activity and gain the permission of a special three-person authority.
This three-person authority consists of two high-ranking police officials and a civilian appointed by the mayor. Civil libertarians argue this is hardly an onerous burden for law enforcement.
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