newsletter 04/20/21

ICAP’s latest on monuments, militias, and more

Institute for Constitutional Advocacy and Protection
GEORGETOWN LAW

At ICAP, we continue to work to advance constitutional rights in state and federal courts across the country.  Yesterday, we filed a brief in the Virginia Supreme Court in support of the Commonwealth of Virginia’s efforts to take down a statue of Robert E. Lee in Richmond.  We argue that the Virginia legislature in 1889 should not be able to tie the hands of today’s legislature—especially when it would mean forcing the government to continue to convey a message that is offensive and out of step with public opinion.

Anticipating the potential for mass demonstrations after the verdict in the trial of Derek Chauvin for the death of George Floyd, ICAP teamed up with the Crime and Justice Institute and 21CP Solutions to distribute guidance for policing public demonstrations, emphasizing law enforcement’s role in facilitating the First-Amendment-protected activity of demonstrators and journalists while protecting public safety.  When police failed to do that last summer in New Jersey, and instead retaliated against demonstrators who posted a photo of an officer who covered his badge during a racial justice demonstration, we sued to vindicate their First Amendment rights.

We’re also continuing our work against unlawful private militias.  We are advising state attorneys general about militia activity in their states and their legal options for cracking down on unlawful groups that not only threaten public safety, but whose role in the insurrection at the US Capitol and in statehouses across the country has undermined basic tenets of our democracy.  We’ve been consulted by members of Congress and their staffs from both the House of Representatives and the Senate, Democrats and Republicans, on how to counter the domestic extremist threat from private militias.  ICAP Executive Director Mary McCord also was interviewed for the new Frontline documentary, American Insurrection, which investigates the rise of extremism in the United States from Charlottesville’s Unite the Right rally to the January 6 Capitol attack.

Finally, ICAP’s court transparency work continues to improve access for court watchers and others who seek to hold judges and prosecutors accountable for their treatment of criminal defendants.  In Pennsylvania, for example, our suit against a judge who refused to provide remote access to remotely conducted criminal proceedings has resulted in the chief judge of the jurisdiction requiring such access in courts across the county—ensuring that court watchers will not be forced to choose between their health and their constitutionally protected right to observe court proceedings. 

Keep up with ICAP on Twitter via @GeorgetownICAP; and suggest what we should take on next via reachICAP@georgetown.edu.With thanks for your continued support, The ICAP Team.