On August 10th, 2009, the North Carolina legislature passed the Racial Justice Act, or RJA. A first of its kind law that allows people on death row to challenge their sentences if they could show race played a factor at the time of their trial. This historic legislation allowed us at the ACLU to successfully bring claims on behalf of four people back in 2012, getting their sentences changed to life without parole.

This momentum was short lived, because a year later, the North Carolina Supreme Court repealed the RJA. Then, in 2020, the court ruled that those who had already filed their cases under the RJA were entitled to move forward despite the repeal. The same year the RJA was passed, Hasson Bacote was sentenced to death in a Johnston County courtroom.

As a Black man in a deeply segregated county with a history of racial terror, Bacote’s fate was all but sealed, well before the jury issued his death sentence. Now, more than a decade after the law was passed, he will be the first to challenge his death penalty sentence under the RJA since 2020.

Beginning February 26th, Bacote's team will argue that race not only played an impermissible role in this case but in all capital cases in Johnston County and across the state of North Carolina. The success of this case could determine our future ability to reverse more sentences and end the death penalty in the state.

Joining us today to discuss Hasson Bacote’s landmark hearing and our ongoing work to fight against the death penalty is Henderson Hill, Senior Counsel for the ACLU's Capital Punishment Project.

Since 1965, the Voting Rights Act (VRA) has been integral to protecting people of color at the polls. But in recent decades, the strength of the VRA has been diminished by decisions like Shelby County v. Holder in 2013, and the subsequent influx of voter restrictions imposed by states. Despite this, there are ways we can fight back in the courts. Section 2 of the VRA prohibits voting practices and procedures that discriminate on the basis of race, color, or membership in certain language minority groups. It is the right of private individuals to challenge discriminatory voting practices and of organizations like the ACLU to support those who raise these challenges. But now, the right to bring these crucial cases before the courts is being threatened.

On January 30, we received a decision from the Eighth Circuit Court of Appeals that it will not rehear Arkansas State Conference NAACP v. Arkansas Board of Apportionment, a case which challenges the Arkansas House district map for unlawfully stifling the voting strength of Black Arkansas residents. This decision upholds a 2022 lower court ruling in the case that radically concluded that voters may not sue to protect their voting rights under Section 2.

This is unprecedented—more than 400 Section 2 cases have been litigated in federal court in the past four decades to protect the voting rights of racial and language minorities, and private plaintiffs have brought the vast majority of them.

In today’s episode, you’ll hear from Barry Jefferson, Dorothy Nairne, and Khadidah Stone, three plaintiffs from Section 2 cases. They’ll discuss their experiences challenging racially gerrymandered district maps in their respective states, what compelled them to take action, and how we can all be voting rights advocates.

To learn more about redistricting, the cases we mentioned in this episode, and the ACLU’s efforts to protect voting rights, click here: https://www.aclu.org/redistricting/redistricting-101#slide2

Free speech on campus, book bans, education gag orders, the overturn of affirmative action, the resignation of former Harvard president Claudine Gay. All of these issues center on one hot-button topic: DEI.

Diversity, Equity, and Inclusion (DEI) has become a staple in national vocabulary after the so-called “racial reckoning” of 2020 brought demands for racial justice to the top of institutional priorities. From schools to Fortune 500 companies to the film industry, DEI efforts had a steady surge…until they didn’t.

The burgeoning anti-DEI movement, also coined the “war on woke,” has gone from a once-fringe conservative crusade to a political machine. Already this year, about three dozen bills restricting DEI efforts, like critical race theory, have been proposed in states across the country, with more likely to emerge. Need we again mention the overturn of affirmative action? But how did we go from a public seemingly-committed to DEI to one that denounces it in the span of just a few years?

Joining us to help answer this question are Alvin B. Tillery, professor of political science at Northwestern University and director of the university’s Center for the Study of Diversity and Democracy, and Leah Watson, senior staff attorney with the ACLU’s Racial Justice Program. Together, we’ll trace the rise of the anti-DEI machine and its political ramifications for the year to come.

For more context on the ACLU’s litigation efforts against education gag orders, check out Leah’s law review article: https://journals.law.harvard.edu/crcl/wp-content/uploads/sites/80/2023/09/HLC208_Watson.pdf

As the gang conspiracy trial of rapper Young Thug and his famed rap collective, YSL, extends past 20 days in Atlanta, we’re bringing you a conversation about the use of rap lyrics in court.

Despite a groundswell of activism and legal opposition against the legal admissibility of Young Thug’s lyrics, a judge ruled in November that lyrics from Young Thug and other YSL artists can be used by the state against them as evidence pointing to the gang’s existence and the members’ attitudes towards the crimes they are charged with.

We’re revisiting an episode from our archive about how the use of an artist’s creative work in court allows for implicit bias to run roughshod on rappers’ lives and lead to wrongful convictions. Joining us to discuss the evolution of this practice is Erik Nielsen, professor at the University of Richmond and co-author of the book “Rap on Trial: Race, Lyrics, and Guilt in America.” We are also joined by New Orleans rapper, songwriter, and former member of the 504boyz, Mac Phipps who experienced firsthand how the use of lyrics on trial can lead to a wrongful conviction.

This week, At Liberty is coming to you live from the 2024 Sundance Film Festival in Park City, Utah, hosting a discussion with queer and transgender storytellers. The conversation delves into the challenges they face while navigating an onslaught of bills targeting trans people nationwide and censoring their narratives. This dialogue follows a recent decision by the Utah state House to advance HB 257, a bill that would criminalize trans people for using the bathroom—a stark example of the many threats against the trans community that have surged in recent years.

Nationwide, 22 states have banned gender-affirming care for trans minors, and over 300 new anti-LGBTQ bills have been introduced in 2024. We're fighting back in the legislatures and the courts, but this is also a fight in the public discourse, one that demands us to fight back in cultural organizing. We must own our narratives and tell our stories because the queer and trans community will not be invisible.

In this episode, we're joined by Lío Mehiel, an actor, filmmaker, and multidisciplinary artist known for starring in the films “Mutt” and “In the Summers,” both of which premiered at Sundance. We’re also joined by Jules Rosskam, a filmmaker, artist, and educator who has directed several films including “Transparent,” “Against a Trans Narrative,” and the recent Sundance premiere “Desire Lines." Last, but certainly not least, we have Gillian Branstetter, our very own communications strategist for the ACLU's LGBT and HIV project. Together, we spoke about the efforts threatening queer and trans storytelling, and how we persist in spite of them.

If you want to join us and the ACLU of Utah in fighting back against HB 257, sign this petition: https://secure.everyaction.com/Ql111CGWmUiOqyG_qjNrWw2

This year marks the 51st anniversary since the Supreme Court handed down its decision in Roe v. Wade, protecting the constitutional right to abortion in 1973. Unfortunately, this anniversary is marred by the overturn of Roe by the Supreme Court in 2022, resulting in the continued denial of the power to make personal medical decisions during pregnancy for millions of people in states across the country. In 2024, our fight for reproductive freedom continues. In the last several weeks, the Supreme Court announced that it would hear two abortion-related cases this term, potentially impacting access to medication abortion and whether people can receive care when facing medical emergencies.

This fight requires all of us, and today we’re excited to speak with two advocates about what we can all do to advance reproductive rights in our communities. First up, we have actor and writer Busy Philipps, who is joining the ACLU as an artist ambassador for reproductive freedom. You may recognize Busy from shows like “Freaks and Geeks,” “Girls 5Eva,” and “Busy Tonight,” and the new remake of the movie “Mean Girls.” Offscreen, Busy has engaged in years of advocacy with the ACLU in states like Ohio and Texas. She joins us today to share her journey as an activist alongside J.J. Straight, the ACLU’s national campaigns director for reproductive freedom, who has led many of our state and nationwide fights for abortion access and been busier than ever since the overturn of Roe. Together, we’ll discuss what the new year has in store for reproductive freedom and our continued fight for bodily autonomy at large.

Last year, states passed a record number of bills restricting health care, athletics, public accommodations, expression, and educational materials for trans people — trans kids, more specifically. With the turn of a new year, the situation continues to grow dire.

Laws threatening access to gender-affirming care went into effect in several states on January 1, 2024. The ACLU is calling on the Supreme Court to block a Tennessee law banning gender-affirming medical care for trans people under the age of 18, and to reject a case concerning a transgender student’s access to restroom facilities that correspond with their gender identity at an Indiana school.

As this unprecedented surge in attacks on the trans community rages on, we need to stay vigilant in watching what’s happening and fighting back. Joining our host Kendall Ciesemier, to update us on what’s going on and what’s to come is Chase Strangio, the ACLU’s deputy director for trans justice with the LGBT & HIV Project.

“Imagine that you, at age fifteen, have been sentenced to social death, life without parole, in a space nine feet by seven—the size of a freight elevator—where for twenty-two to twenty-four hours a day you are trapped; where in a deadly daily routine you sleep, wake up, shit, piss, eat—food slipped through a slot as if you were an animal, where you are denied the possibility of human contact except as physical or mental abuse; where visual and sensory stimuli—the stuff of life—are only a memory or a dream; where who you are is defined only by your willingness or unwillingness to be disciplined and punished. Imagine life without hope in a brutal hellhole of sameness designed to break your spirit and challenge your sanity.”

This is an excerpt from Ian Manuel’s 2022 memoir “My Time Will Come: A Memoir of Crime, Punishment, Hope and Redemption” where Manuel recounts his real life experience spending 26 years in prison—18 of those years in solitary confinement—before advocacy efforts from the Equal Justice Initiative led to his release in 2016.

Since his release, Manuel has made waves as an activist, poet, and motivational speaker. His memoir recounts his journey from his teenage years to the present. He joins us today to talk about juvenile life without parole, solitary confinement, and restorative justice.

For a special year-end holiday episode, we’re bringing you our third edition of “ACLU kids take over At Liberty.” Kids of ACLU staff spoke to their parents about what they do at work and how they fight for civil rights and civil liberties. They also had some hot takes about how they can do better — at everything. We hope you enjoy it.

2023 is coming to a close, and we have weathered so much this year. At the ACLU, we continue to fight for civil rights and civil liberties across the country. We’re prying open every opportunity for abortion access and reproductive health care following the overturn of Roe, blocking trans health care bans nationwide, filing lawsuits to curb the rise in book bans and educational censorship, and advocating for racial equity after the elimination of affirmative action and continued attacks on voting rights. So today, we're highlighting some of the most notable episodes from the year, which also happen to be some of our favorites. We’ll chat about what we enjoyed, how they came to be, and where the issues we reported on stand today. We hope you enjoy it.