This week, voters went to the polls to elect their representatives at every level of government. Most notably for us at the ACLU, the midterms are the first opportunity to get a national sense of where voters are sitting on abortion access since the June overturn of Roe v. Wade. We are also on guard watching for voting rights violations and are eager to make sure every ballot is counted. So far we are cautiously optimistic and hopeful about the positive progress for civil rights and civil liberties and so today we are checking in with the experts, the morning after election day, to see how they’re feeling about the future of our reproductive freedom and voting rights work.

Joining us are J.J. Straight, the ACLU’s Liberty Division Deputy Director and Zara Haq, a Senior Campaign Strategist, both J.J. and Zara sit in our National Political Advocacy Department.

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Abortion Rights Won the Midterms, Now What?

At Liberty is a weekly podcast from the ACLU that explores the biggest civil rights and civil liberties issues of the day. A production of ACLU, Inc.

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On this episode, "At Liberty" producer Vanessa Handy speaks with young adult and middle-grade literature author, Jason Reynolds. Though he writes for young audiences, Jason doesn't shy away from serious themes or challenges, with many of his books dealing with death, mourning, racism, police brutality, and gun violence. Jason writes the stuff of real life, and this has made him a superstar among young readers and adults alike. 

He has penned numerous bestselling and award-winning books like “Look Both Ways: A Tale Told In Ten Blocks,” “Ghost,” “As Brave as You,” “Long Way Down,” and “All American Boys” with Brendan Kiely. He also used his gifts to promote literacy as the national ambassador for young people's literature from 2020 to 2022. Today, he joins us to discuss carrying on the tradition of Black storytelling and how we can all inspire young people to love literature.

Jason Reynolds Is Creating a Literary Archive for the Next Generation

May is Asian American Native Hawaiian Pacific Islander Month and we’re celebrating with a guest that is sure to make you laugh hard. You might even recognize her infectious laugh from her viral videos on TikTok.

Drew Afualo is one of today’s most popular feminist content creators. Her no-BS approach to roasting misogynistic men on the internet has been met with folks flocking to her social pages to feel seen, heard and to rally around squelching hate, bigotry and misogyny. Her mission to stand up for the most marginalized among us is why she’s one of Time Magazine’s Next Generation Leaders, and that’s not all. This March, the Coalition of Asian Pacifics in Entertainment honored Drew with the Tastemaker Award. She’s a content creator, women’s rights advocate, podcast host, and author of the forthcoming book “LOUD: Accept Nothing Less Than the Life You Deserve.”

Drew joins us today to discuss her journey to TikTok, Samoan identity, and the way comedy and culture have built a meaningful community online primed not just for likes, but also for action. Simply put: Drew is using her voice and in the process, helping all of us find our own.

Drew Afualo Wants You to Be Meaner To Misogynists

On April 17, students at Columbia University set up an encampment to show support for Palestinians and demand the university divest from its business related to or within Israel as a means of anti-war protest. In the weeks since its inception, the protest movement has spread, with encampments set up on over 100 college and university campuses worldwide.

But as these protests continue, we’ve watched university leadership and campus and local law enforcement meet these demonstrations with a disturbing response. In the last several weeks, over 2,000 people have been arrested or detained on campuses across the country. Students and faculty have faced arrest, criminal charges, suspensions, and excessive use of force from police. This comes alongside the ongoing threats to and in some cases, the complete suspension of chapters of pro-Palestinian organizations like Students for Justice in Palestine and Jewish Voice for Peace on campuses nationwide.

Universities have long been a site of protest, particularly anti-war protest, and a safe space for students, faculty, and staff to freely express themselves in the exchange of ideas. As these protests continue, our ACLU affiliates are keeping a pulse on campus demonstrations, advocating for students’ rights, and keeping universities accountable when they act with disproportionate and inequitable discipline. So on this episode of At Liberty, we’re bringing you dispatches from affiliate staff: Veronica Salama, staff attorney at the New York Civil Liberties Union, Carol Rose, executive director of the ACLU of Massachusetts, and Ramis Wadood, staff attorney at the ACLU of Michigan. You’ll also hear from Jenn Rolnick Borchetta, Deputy Project Director on Policing in the Criminal Law Reform Project at ACLU National. They’ll share what they’re seeing on the ground and the legal concern and action being taken at this time. Together, we can pave a way forward that protects activism at our nation’s academic institutions and beyond.

To learn more about the ACLU's response to the rise in anti-war student protests and the increased police presence on college campuses nationwide, check out these resources:

https://www.aclu.org/press-releases/aclu-urges-college-and-university-leaders-to-protect-free-speech-and-academic-freedom
https://www.aclu.org/know-your-rights/protesters-rights
https://www.aclu.org/know-your-rights/students-rights
https://www.nyclu.org/resources/know-your-rights/know-your-rights-students-higher-education-first-amendment#resources

Are you concerned that your civil rights have been violated at a protest? Visit the website of your ACLU affiliate to access forms to file a complaint: https://www.aclu.org/affiliates

Special Edition: What We're Seeing at Campus Anti-War Protests

With the rise of anti-war protests and encampments taking place on college campuses across the country, we are sharing an episode from a couple of years ago that addresses some questions related to free speech in an education setting. In this episode, our resident free speech expert Ben Wizner answers listener questions. You’ll hear us talk about the different first amendment protections at K-12 schools and universities, which vary between public and privately funded institutions.

We are monitoring the student-led protests in support of Palestine and the subsequent use of force ordered by local authorities across the country and will bring you an episode next week with dispatches from our affiliates who have taken legal action or who have demonstrated legal concern. Until then, we hope this episode gives you some sense of student speech rights and why we are so committed to protecting these rights at the ACLU.

Answering Your Student Speech Questions

Today, on April 24, the Supreme Court will hear oral arguments in a case that will determine the future of emergency abortion care. At issue in the case of Idaho v. United States is whether or not doctors in states where abortion is banned have to continue to deny abortion care—even in emergency settings—despite the Emergency Medical Treatment and Labor Act (EMTALA), which requires all hospitals to provide life saving and medically stabilizing health care to anyone who shows up at their emergency room.

Currently, medical providers in Idaho can only perform an abortion in the event that the pregnant person will imminently die without one. Even if a pregnant person will incur permanent disability or undue harm to their life without an abortion, the procedure is still banned. As you can imagine, these two laws have put doctors in a precarious position in Idaho. The circumstances are even more dire for pregnant patients in the state, particularly those with disabilities. Disabled pregnant people are far more likely to necessitate this kind of care than their non-disabled peers, as most disabled pregnant folks already have high risk pregnancies.
Disabled people know all too well the risks of not accessing care when it's needed, and the hardship, pain, and suffering that can escape the claw of “imminent death.” So, today we're talking about the intersection of disability and abortion rights, in regard to this case and more broadly. 

Joining me to discuss this is Dr. Robyn Powell, an associate professor at the University of Oklahoma College of Law, specializing in disability and family law. She's also a co-investigator at the National Research Center for Parents with Disabilities.

Abortion Rights Won the Midterms, Now What?

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