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Pursuant to Commission regulations at 19 N.Y.C.R.R. 938.4(b), the New York Civil Liberties Union
(NYCLU) requests an exemption from the Source of Funding disclosure requirements.1
The NYCLU is a 501(c)(4) organization whose primary activities concern controversial and often
unpopular matters of civil rights and civil liberties; NYCLU employees and facilities have faced
episodic bomb threats, death threats, and invasions of privacy, and there is a long history of threats,
harassment and attacks against our members and supporters directly. These have been documented in
our past exemption requests, and many have taken place since the Public Integrity Reform Act of 2011
(PIRA)2 was enacted and while we have been reporting to the Commission.
We respectfully request that the Commission consider our application in light of the special solicitude
extended by the statute to civil rights and civil liberties organizations and because of the extensiveness
of the record of specific harms we have presented. If an organization such as the NYCLU cannot be
deemed exempt on even a periodic basis – despite the fact that our areas of primary activity are
expressly designated by statute for exemption and despite the fact that we have demonstrated a serious
and ongoing record of exposure to harm – then it is unclear whether and how the statute’s 501(c)(4)
exclusion provision can ever be satisfied.
I. Civil rights and civil liberties organizations such as the NYCLU are expressly identified by
statute as the sorts of organizations that are eligible for exclusion from the Commission’s
Source of Funding disclosure requirements.
1
While we would appreciate consideration for a standing or long-term exemption based on the controversial public interest
character of our organization’s activities, as is provided for by statute, we request, at minimum, consideration for an
exemption to cover the most recent reporting period, July 1 – December 31, 2017. The Commission has, in the past,
deliberated upon requests for prospective and longer-term exemptions from disclosure.
2
Ch. 399, L. 2011 (Part B).
1
The Lobbying Act specifies that organizations working on controversial public interest matters such as
civil rights and civil liberties are entitled to special consideration under the source-of-funding
disclosure requirements.3 It states that such disclosures “shall not apply to” any §501(c)(4) exempt
organization “whose primary activities concern any area of public concern determined by the
commission to create a substantial likelihood that application of this disclosure requirement would lead
to harm, threats, harassment, or reprisals to a source of funding or to individuals or property affiliated
with such source, including but not limited to the area of civil rights and civil liberties and any other
area of public concern determined pursuant to regulations promulgated by the commission to form a
proper basis for exemption on this basis from this disclosure requirement.”4
This appears in the law as the second of three provisions that exclude a class from the Source of
Funding disclosure requirements: one for 501(c)(3) organizations, one for 501(c)(4) organizations at
work on controversial matters of public concern, and one for government entities.5 The statute provides
that the Commission should set forth regulations regarding the “area[s] of public concern” that will
form a proper basis for the exemption from disclosure, and provides that “civil rights and civil
liberties” are to be included among those areas. The intent to exclude or exempt organizations such as
the NYCLU is clear in the text and structure of the law.6
Departing somewhat from the law, the Commission’s regulations treat the 501(c)(4) exclusion as a
periodic exemption, unlike 501(c)(3) and government entities, which are never mentioned in the
Source of Funding Regulations, presumably because they are excluded by statute.7 Omitting the law’s
specific mention of civil rights and civil liberties, Part 938(b)(4) provides that the Commission “shall
grant an exemption to disclose all Sources of Contributions to a Client Filer, if (i) the Client Filer has
exempt status under I.R.C. §501(c)(4); and (ii) the Client Filer shows that its primary activities involve
areas of public concern that create a substantial likelihood that disclosure of its Source(s) will cause
harm, threats, harassment or reprisals to the Source(s) or individuals or property affiliated with the
Source(s).”8
3
N.Y. Leg. Law 1-h(c)(4).
4
Id. (Emphasis supplied). Note that the Supreme Court has long held that the appropriate standard for exempting
organizations from the requirement to publicly disclose information regarding their financial donors is a showing of a
“reasonable probability” of harm, threats, harassment or reprisal. (Buckley v. Valeo, 424 U.S. 1, 88 (1976)). This standard
was originally adopted by the Commission in a 2013 regulation, but was later amended. The current “substantial
likelihood” standard has been much debated by the Commission as to its applicable meaning, and is not as protective of
associational privacy as First Amendment principles and jurisprudence require. We aver, as we have in the past, that
applying this standard is in error, both as a matter of constitutional law and public policy; and the NYCLU reserves the
right to appeal a ruling by JCOPE that is made pursuant to this standard.
5
N.Y. Leg. Law 1-h(c)(4).
6
See also Sponsor Memo for Ch. 399, L. 2011 (Part B): “In addition, not-for-profit organizations qualified as exempt
organizations under I.R.C. § 501(c)(3) are exempted from this disclosure requirement. Not-for-profit organizations
qualified as exempt under I.R.C. § 501(c)(4) shall also be exempted pursuant to regulations promulgated by the Joint
Commission if their primary activities concern any area of public concern that would create a substantial likelihood that
such disclosure would lead to harm, threats, harassment, or reprisals. The bill expressly identifies the area of "civil rights
and civil liberties" as one area in which organizations are expected to qualify for such an exemption in the Joint
Commission's regulations. Among other issues included in this area, organizations whose primary activities focus on the
question of abortion rights, family planning, discrimination or persecution based upon race, ethnicity, gender, sexual
orientation or religion, immigrant rights, and the rights of certain criminal defendants are expected to be covered by such an
exemption.” (emphasis added).
7
19 NYCRR 938, Source of Funding Regulations.
8
19 NYCRR 938.4(b) (emphasis supplied).
2
II. The NYCLU, and our members and supporters, have historically been subject to periodic
and unremitting harm, threats, harassment, and reprisals of precisely the sort anticipated
by statute and essential for an exemption under the regulations.
The NYCLU has provided lengthy and detailed documentation of relevant “harm, threats, harassment
or reprisals” in our past requests, including:
a 2014 bomb threat to our shared offices with the ACLU, of which we are a state affiliate;
repeated bomb threats to our upstate New York offices;
vandalism to the vehicle of an upstate NYCLU member and activist on account of NYCLU
activities, including the spray-painted taunts “Fuck u ACLU” and “Die Fag”;
a District Court ruling that NYCLU members have been subjected to such hostility that
their First Amendment rights were impaired;
protective anonymity measures taken by staff who answer NYCLU phones to avoid being
publicly identified, due to threats; and
examples of extremely unpopular and controversial interests we have represented on
constitutional grounds, and the extreme behavior which has resulted, including targeting and
harassment of staff members at their residences as well as their workplaces.
All of this, and more, has been presented to the Commission, and is again appended to this application
for the benefit of any Commissioner who may wish to review it. We have submitted extensive
documentation of many serious incidents that impacted our organization and members directly – all
discounted as inconsequential in past Commission determinations. Once again, an appendix to this
letter includes a new sampling of the hostile correspondence received at our New York City offices by
ACLU & NYCLU over the past year.
In addition, as an organization that takes controversial stances and challenges improper government
activity, we face hostility from all corners of the political and social spectrums. One need only run an
internet search to confirm this – or to confirm how intently and malevolently some ACLU detractors
are focused on the personal details of those who work for and support the organization. To further
illustrate the sorts of hostilities regularly faced by ACLU staff and supporters, we include here
descriptions of several incidents from the last year provided by ACLU National staff and other state
affiliates. Often, documentation of these incidents is accompanied by acknowledgment that enduring
hostility of this sort is commonplace, though still unsettling, for ACLU employees and members.
Within the last year, an ACLU employee has been a target of harassment including public death
threats on social media and menacing calls based on the employee’s ethnicity. On social media,
two self-described Trump supporters revealed where the employee lives (which is not
published to protect the employee’s privacy) and threatened to kill her, then said they didn’t
need to kill her themselves because “an illegal alien” would take care of it. The same employee
has also received calls and voice mails that said, for example, “Subversive Asians like you are
persona non grata. You don’t belong in America.”
One state affiliate employee was the victim of “doxing” – her personal information and
photograph was compiled and published online by a pro-Confederate group with white-
nationalist ties. After this, the employee was threatened on social media on two occasions that
she was “a dead bitch.” Another employee of the same affiliate received death threats via email.
One included her address and stated “Some one paid me to kill you, If you inform the police or
any body, DEATH IS PROMISED GET BACK TO ME for details” [sic].
3
One state affiliate has faced unrelenting harassment by an unstable person for the last year. The
person believes himself to be the source of information that formed the basis for a lawsuit
brought by the affiliate, which was in fact publicly available. He has been threatening the
affiliate since the case was announced, apparently resentful that he has not been paid or
otherwise recognized for the information he believes he provided. He has resorted to
threatening comments and messages on several social media platforms, via emails and texts,
and in phone calls and voicemails – one of which included a threat to come to the office and
“gas the place.” Though he lives in another state, the office is locked and his photo is kept on
hand at the entrance to ensure he is not let in.
A state affiliate employee gave her business card to an audience member at a presentation who
expressed interest in volunteering. The would-be volunteer texted the employee at 6 AM on
Sunday asking if he could come in that day to volunteer, and the employee went back to sleep
and forgot to answer the text message. About a week later, the same man showed up at the
affiliate’s office wearing a heavy coat in hot weather and demanding to see the employee, who
was not there at the time. A volunteer opened the door to speak with him and inadvertently let
him in the locked office, and he became aggressive with two other employees and would not
leave the premises until police assistance was invoked.
A state affiliate employee received several disturbing calls over the course of the last year. The
calls were very personal and “obsessed” with the employee and their gender identity. The caller
stated opposition to many ACLU positions over time, but was most irate about the existence of
transgender people and ACLU support of them. The caller stated several times that he had
“stared at [the employee’s] picture and listened to [the employee’s] voice and is convinced that
[the employee] must be transgender.” When the targeted employee was able to block his calls,
the caller began to harass another employee of the affiliate.
One state affiliate received a letter written in black marker applauding the fact that a person
participating in a protest was “shot in the nuts with a gas canister. It’s priceless & we hope to
see more like it. Go, Trump, Go!” Less than a week later, after a policy pronouncement by
Attorney General Sessions, the same affiliate received a phone call which “consisted of
someone’s cackling laughter who stated, “you just got sodomized by Trump! Go, Trump, go!””
A state affiliate employee received messages to her work email from someone using the
moniker “Christian Divinity” that stated “STAY THE HELL OFF OUR PENINSULA!!! Your
nothing but a bunch of muslim, satanic LGBT LIBTARDS!!!!!” [sic] and similar terms.
A state affiliate received a hand-written postcard whose content was difficult to discern, but
included the words and phrases “MAD” “going to all mosques” “ACLU Hate Group”
“Confederacy” “ACLU hates free speech” and a strange anti-Obama image on the back. In the
context of other incidents taking place in the community at that time, affiliate staff felt they
needed to report the postcard to the police.
A state affiliate employee received a voicemail in which the caller, who had hoped to reach her
boss’s inbox to express his displeasure about aspects of their criminal justice work, grows
increasingly irate. The message ends with the caller shouting, “maybe next time you fuckin'
die, both you guys, maybe all of you, you fuckin' die, and then you know what – after I’ll piss
on your fucking grave."
A state affiliate employee received an anonymous and oddly-shaped package at the office. Such
packages are commonly inspected for hazards and explosives in ACLU offices around the
nation. Upon inspection, this one turned out to be an “exploding” mailpiece that showers
confetti shaped like male genitalia upon the recipient. It was accompanied by a note that said
“Eat them all! Enjoy[.]” The employee was, in his own words, “relieved.”
4
Several state affiliates and employees received hostile and menacing messages and comments
on social media or via e-mail, often from the same person over an extended period, and often
from individuals located outside the state served by the affiliate, all based upon ACLU
affiliation. Many of these messages included statements such as “you should be thrown out of
the USA,” “you should be blown up/shot/murdered,” “you should all die,” “you should be
next,” or references to the ACLU’s “treason” and the penalty for treasonous acts. Some refer to
the ACLU and its supporters as “communists” who should be “rooted out and done away with”
or similar sentiments.
III. The grounds for past denials that have been stated by the Commission often conflict with
the Commission’s own regulatory scheme, and disregard the statutory mandate to protect
donors of non-profits that do controversial work in the public interest – a mandate that is
rooted in bedrock First Amendment law and principle.
Although regulatory treatment of 501(c)(4)s departs from the apparent construction of the Lobbying
Act as described above, the regulatory text adopts the statute’s language emphasizing the character of a
501(c)(4) organization’s activities as the basis for an exemption, and calls for a showing to the
Commission of that character and its relationship to specific harms in order to qualify. The
Commission promulgated a test for both the periodic single-source exemption set forth in statute and
the 501(c)(4) exemption, under which it considers factors that include, but are not limited to:
(1) Specific evidence of past or present harm, threats, harassment or reprisals to the source(s) or
client filer or individuals or property affiliated with the source(s) or client filer.
(2) The severity, number of incidents, and duration of past or present harm, threats, harassment
or reprisals of the source(s) or client filer or individuals or property affiliated with the source(s)
or client filer.
(3) A pattern of threats or manifestations of public hostility against the source(s) or client filer
or individuals or property affiliated with the source(s) or client filer.
(4) Evidence of harm, threats, harassment or reprisals directed against organizations or
individuals holding views similar to those of the source(s) or client filer.
(5) The impact of disclosure on the ability of the source(s) or client filer to maintain ordinary
business operations and the extent of resulting economic harm.9
However straightforward the list of factors for consideration may seem, the actual standard imposed by
the Commission for granting an exemption has been so elevated as to nullify the statutory mandate.
The Commission’s denial letters10 consistently state that “[i]t is the Commission’s view that unless an
applicant makes a persuasive showing under multiple factors it is unlikely to prevail.” This standard
for exemption is clearly much more stringent than the regulatory text itself. Even though the NYCLU’s
record has objectively satisfied several of the factors in the past, we have been repeatedly denied
exemption. Further, the stated grounds for denial often seem to conflict with the factors themselves.
For example, there is no limitation that specific harms arise during the semi-annual period in question,
or that only severe harms should receive consideration; yet Commission statements have indicated that
only serious threats from the semi-annual period at hand would be considered, or that the lengthy
9
19 NYCRR 938.4.
10
See, e.g., the most recent denial letter, dated October 16, 2017, and signed by Acting Chair Rozen (appended).
5
history presented included events that were too “remote in time” to be considered. However, neither
the statute nor the regulations calls for showing of an articulated immediate threat or prediction of
imminently manifesting harm in order to qualify for an exemption; in fact, the regulations repeatedly
require the Commission to consider “past” harms and the “pattern of threats or manifestations of public
hostility” against an organization, the content of its work, and those who make its work possible
through financial support.
Specifically, in the NYCLU’s January 2017 application, we documented one person’s public appeals
for someone to kill us and all of our members and blow up our building, as well as repeated hostile
communications from another individual received at our office. In the Commission’s denial letter,
these were dismissed on the basis that “only one was sent during the relevant filing period, and it is
directed at the NYCLU and similar organizations, not its supporters.” This suggests that the public
exhortation “ALL THE MEMBERS GOT TO [BE] KILLED TODAY” – targeting our supporters –
was dismissed simply because it was posted in 2015 and not in 2016, which would be in direct conflict
with the factors the Commission is required to consider under its own regulatory test.
This basis for denial also demonstrates the Commission’s inclination to dismiss evidence of harm to
the organization and its employees as irrelevant. In fact, the letter goes on to state that “NYCLU’s
application has limited information related to supporters” – again in direct conflict with the test set
forth in the regulation, which requires the Commission to consider harm to the organization (Client
Filer) as well as harm to the supporters (sources). The NYCLU’s past filings have documented actual
harm to NYCLU members and their property because of their NYCLU affiliation, including stalking,
vandalism, and death threats - but like the example of supporter-directed threats above, these did not
transpire during the semi-annual reporting period and apparently did not merit consideration as such.
The Commission’s most recent denial letter closes by stating that the “burden is on the applicant to
establish a substantial likelihood of harm,”11 citing its regulatory adoption of PIRA’s general
legislative intent to facilitate disclosure. The NYCLU respectfully submits that, to whatever extent that
may be accurate, the burden has been well met in our repeated demonstration of a long history with
this kind of harmful retaliation against our work and supporters.
We further request the Commission’s consideration of a different question: whether the statutory and
regulatory burden to be met is actually satisfied by a factual demonstration that the NYCLU is
precisely the kind of organization whose donors the legislature meant to shield with the provision then
known as the ‘NARAL exception’ – a protection that leading reproductive rights advocates including
the NYCLU have consistently been denied. To this end, we request that the actual language of the
statutory exemption and current regulations be revisited, and, if necessary, clarified for Commissioners
at the outset of deliberations upon this application.
The NYCLU recognizes the interests of transparency and disclosure. But, there is a countervailing
interest raised by this application. And it is an interest of constitutional import. The Supreme Court has
long recognized that the associational privacy rights of controversial, ideological organizations must be
protected; that such protection must extend to the security and secrecy of their membership lists and
the names of their donors; that without such protections those associating with such organizations are
vulnerable to threats and harassment and retaliation; and that without such protections vigorous
advocacy will be diminished at a considerable sacrifice to robust ideological debate and association.
11
Internal quotations omitted.
6
Accordingly, the Court has imposed a specific constitutional mandate holding that, under the First
Amendment, disclosure provisions cannot be imposed upon controversial, ideological associations
where there is a “reasonable probability” that persons identified with such associations will experience
“threats, harassment or reprisals.” 12The Commission’s responses to the NYCLU’s previous
applications failed utterly to respect this important concern.
We are the NYCLU, the state affiliate of the American Civil Liberties Union. We are a civil rights and
civil liberties organization, working daily on controversial matters. From time to time, we provoke
hostile responses, both from the public and from the government officials whose actions we must
frequently challenge. Many of our members and supporters are indeed open and public; but many of
our most vulnerable members and staff find themselves in situations and environments where they
cannot so openly affiliate themselves with the NYCLU or ACLU.
As an organization, and as individual civil liberties advocates, we have a long history of controversy.
That history will not end. Unfortunately, we accept that our controversial work will provoke
threatening responses in the future just as it has in the past. We seek some relief from our exposure to
such threats. Thank you for again considering our application, and please let us know if we can provide
anything further in support of it.
I declare that the information contained in this application is true, correct, and complete to the best of
my knowledge and belief.
Sincerely,
Donna Lieberman
Executive Director
12
Brown v. Socialist Workers, 459 U.S. 87, 101 (1982).
7
Tried to send the below e-mail but your system is pretty screwed up and wouldn't let me send it.
Typical of a liberal outfit.
Your tweet says the Trump Muslim ban is hateful huh??? How many innocent people have to be. blown
up like in England for you to realize the Muslims are the enemy? Of course most people believe you are
the enemy of the American people. "American Civil Liberties" is just a buzz word like "Planned
Parenthood" to make ignorant people think you are really for the American people. I'm sure people like
you would have been Nazi sympathizers until history proved how wrong their thinking was. Keep up the
anti-American work and I can assure you that history will prove you wrong also. I'm sure there are fine
Muslims but they must be vetted because for thousands of years Muslims have wanted to destroy the
west and Christianity and anybody else that doesn't agree with them, including you. Like Hitler, they'll
never surrender until they are defeated. My opinion is you are fools. I hope you and your family get
blown up in the next terror attack on this country. You won't be able to blame trump. Just yourselves
and your stupid liberal judges that undermine real liberties. I think you should be tried and hung for all
your treason.
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Artictes: Arnenea's Betrayal by the Democratic Party
Page 1 of3
Are you aware that we are facing a political and cultural tragedy right now? The Democratic Party, one of two great parties of the
USA, has been co-opted by the communist ideologues, the power-mad neo-Marxists, in our political establishment. They can call it
liberalism or social justice or togetherness, but it is my considered judgment that, without exaggeration, we are facing an intent to
subvert the electoral will of the American people.
Based only on "unnamed sources," the Washington Post, NY Times, and CNN have accused President Donald Trump of sharing
top-secret information with Russian officials. Imagine: this is "news" without any named source, without even a whistleblower
ready to risk his job for the country. This is a mainstream media cause célèbre, even though CNN wrote online, "The President did
not directly reveal the source of the information, but intelligence officials told CNN that there is concern that Russia will be able to
figure out the highly sensitive source." Without accountability, and only the most limited information, the left-wing press is
lambasting Trump. This trash is being published as "news" - i.e., as if it were fact. And this is being done with the tacit approval of
the Democratic Party leadership. This is all part of the Democrat narrative that Trump is a Russian mole occupying the Oval Office.
How did we get to this point, where the hissing vipers have come out from under their rocks to poison the body politic? While we
could go back to Eugene V. Debs, the socialist candidate for president at the beginning of the 20th century, or even before him to
"Big Bill" Haywood and the International Workers of the World (IWW), the modem threat began to reveal itself in the 1960s.
David Horowitz, in his collection of articles in the Black Book of the American Lejt, Vol. 7, sees a direct line between the Henry
Wallace candidacy and the politics of the 1960s. But the important understanding we need to draw is that "direct line" is a line
whereby the extreme left ofthe Democratic Party has moved from being rejected (1948 faction led by Henry Wallace) to becoming
the center of the Democratic Party.
The success in drawing the Democrats leftward was the ability of the Students for a Democratic Society (SDS) to unite youthful
opposition to the Vietnam War with the urgent push for desegregation and "freedom" by the civil rights movement. While the civil
rights movement was divided between the middle-class, church-going, nonviolent program of Martin Luther King, Jr.; Ralph
Abernethy; and Andrew Young and the Black Power advocates like Bobby Seale and Huey Newton, who espoused violence in
varying degrees, both factions were able to agree in their anti-war stance. If SDS could be characterized as the brains of this trinity
of rebels, King's organization could be considered the idealists, and the Student Non-Violent Coordinating Committee (SNCC), led
by Stokely Carmichael and the Black Panthers, could be considered the gangster-lite aggression. Thus, intellect, idealism, and
aggression or thuggery became fused to create a new neo-faselstic trend. Love of country played second fiddle to "needed change."
To characterize the trend as neo-fascistic is in no way in opposition to seeing that trend as communistic. A common anti-democratic
thread runs through both fascism and communism. Although fascists are hyper-nationalistic or chauvinistic in one sense, they have
internationalist ambitions as shown in their urge to conquer. Economic and political imperialism is central to their modus operandi.
Further, government for fascists does not exist to facilitate competition, nor even to merely regulate some ofthe negative fallout that
inevitably occurs as business grows. Rather, fascism affirms tight political control over the economic sphere even if it does not take
ownership of major industries or of all commercial dealings, as did the USSR under Josef Stalin or Mao Zedong in the PRC.
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22 Week
Abortion
ROBERT COHEN
JAMES E. DERING
MARVIN E. JACOB
SEYMOUR KNOX, IV NEW YORK STATE
GARY J. LAVINE JOINT COMMISSION ON PUBLIC ETHICS
J. GERARD McAULIFFE, JR. PHONE: (518) 408-3976
BARRY C. SAMPLE FAX: (518) 408-3975
DAWN L. SMALLS
540 BROADWAY
GEORGE H. WEISSMAN ALBANY, NEW YORK 12207
JAMES A. YATES www.jcope.ny.gov
MEMBERS
November 22,2017
Donna Lieberman
Executive Director
New York Civil Liberties Union
125 BroadStreet, 19th Floor
New York, NY 10004
In response to your letter dated November 6,2017, there is no right to appeal the determination of
the Joint Commission on Public Ethics (the "Commission") denying the July 13, 2017
application of the New York Civil Liberties Union ("NYCLU") for an exemption from the
source of funding disclosure requirements under §1-h(c)(4) of the Article One-A of the
Legislative Law (the "Lobbying Act") and the Commission's regulations at 19 NYCRR Part
938.4(b).
As set forth in the Lobbying Act and the Commission's regulations at Parts 938.6 and 941.18,
only applications for exemption submitted pursuant to Part 938.4(a) may be appealed to an
independent hearing officer. This type of exemption is applicable to a particular source or
particular sources of funding upon the requisite showing of harm to those specific sources.
NYCLU, rather, applied for an exemption for all of its sources under Part 938.4(b). The
exemption for all sources is available to corporations that are qualified as exempt organizations
under LR.C. §501(c)(4) upon the requisite showing that disclosure will create a substantial
likelihood of harm to the sources based on the nature of the organization's primary activities. The
Lobbying Act does not provide for an appeal for these types of exemptions, and Parts 938.6 and
941.18 of the Commission's regulations expressly state that an entity which applies for an
exemption under Part 938.4(b) is not entitled to an appeal.
Donna Lieberman
November 22, 2017
Page2
Notwithstanding NYCLU's arguments to the contrary, the Commission will not reconsider its
determination on NYCLU's application for an exemption under Part 938.4, and NYCLU is not
entitled to an appeal to an independent hearing officer in this matter.
Sincerely,
:11...1,--
1)'h~ ..-_.'."
".øø.•"•..••
.Monica J. Stamm
General Counsel
NYCLU
NEW YORK CIVIL LIBERTIES UNION
1.25Broad Sheet
New York, NY 10004
212.607.3300
21.2.607.3318
www.nyclu.org
November 6, 2017
Please accept this letter as notice of the NYCLU's intent to appeal the Commission's
denial of our July 14,2017 application for an exemption from the source of funding disclosure
requirements made pursuant to Part 938.4(b). As required by the Commission's regulations at
Part 941.18(b), we append our application, as well as the denial letter dated October 16,2017.
The Commission's regulations at Part 941.18 set forth its procedures for administrative
appeal. Those regulations expressly bar administrative appeal to a Judicial Heating Officer for
client filers who seek a 'blanket exemption' under 938 .4(b). l However, the regulations also state
immediately thereafter that "[a] client filer may appeal a denial of an application for
exemption,"? The regulations do not further clarify whether any other form of administrative
appeal may be available where the Commission has denied a blanket exemption application
made under Part 938.4(b).
Additionally, the NYCLU notes that the regulations provide "15 business days" for a filer
to take one of two prescribed actions: either provide notice of appeal, or waive the right to appeal
and instead comply with the disclosure requirement following denial.' TIle regulations state:
A client filer may appeal a denial of an application for exemption. A notice of
appeal must be in writing and include the original application for exemption
The New York Affiliate of the American Civil Liberties Union I Robin Willner, President I Donna Lieberman, Executive Director
together with any supporting materials that were submitted pursuant to section
938.5 ofthis Title. The written notice of appeal must be received by the commission
no later than 15 business days after the date of the denial. Any notice of appeal
received by the commission later than 15 business days after the date of the denial
will not be considered and the client filer will be deemed to have waived the right
to appeal,"
The regulations similarly require that "[if] a request for an exemption is denied, and the client
filer does not appeal, the client filer shall, within 15 business days of the date of denial, amend
the client semi-annual report to include required information relating to the subject of the
application for exemption.r"
Again, the Commission's regulations do not clarify what action any filers barred from the
regulatory appeal process must take in order to avoid having been administratively deemed to
have 'waived' the right to appeal. The regulations indicate that a filer's failure to provide notice
within 15 business days will have this result. For this reason and others, the NYCLU hereby
provides in good faith such notice as the regulations might require of our intent to seek whatever
review may be available.
In addition, it is unclear whether those who intend to seek review of a denial may still be
bound to request any further administrative review before the Commission, such as a rehearing
or reconsideration. Therefore, the NYCLU requests that the Commission consider referring our
appeal to a Judicial Hearing Officer for review; below, we argue as we have in the past that
grounds for such referral remain in the statute itself. If the Commission will not refer our appeal,
we request that the Commission instead reconsider our exemption applioation in its entirety, in
the specific light of the Lobbying Act's mandate that the Commission's disclosurerequirements
"shall not apply to" any§SOI(c)(4) exempt organization working in controversial areas
"including ... civil rights and civil libertiesj.]"?
***
Authority for referral of this appeal to a Judicial Hearing Officer rests, first and foremost,
within the Lobbying Act itself.
Sectionl~h(c)(4)(H) of the Lobbying Act sets forth an exemption from its source of
funding disclosure requirement, and three categorical exclusions. The second of the three
exclusions provides that source of funding disclosures "shall not apply to" any §5O1(0)(4)
exempt organization "whose primary activities concern any area of public concern determined by
the commission to create a substantial likelihood that application of this disclosure requirement
would lead to harm, threats, harassment, or reprisals to a source of funding or to individuals or
property affiliated with such source, including but not limited to the area of civil rights and civil
Uberties and any other area of public concern determined pursuant to regulations promulgated by
the commission to form a proper basis for exemption on this basis from this disclosure
requirement. ,,7
4 Part 941.18(b).
SPalt 938.5(e). .
6N.Y. Leg. Law §1"h(o){4), §1"j(o)(4). References to §l"h(o)( 4) hereinafter also refer to the identical §1"j(c)(4).
7 N.Y. Leg. Law §1"h(o)(4) (emphasis supplied). Note that the Supreme Court has long held that the appropriate
standard for exempting organizations from the requirement to publicly disclose information regarding their
2
Rather than promulgate regulations on those "area]a] of public concern" that would form
a "proper basis for exemption" from disclosure, however, the Commission opted to lump blanket
exemptions for 501(c)(4)s seeking coverage under this provision in with the periodic exemption
provided for in the prior paragraph of the statute." In its regulations at Part 938, the Commission
provides the standards of'review for both types of application, including at Part 938A(a) factors
the Commission will consider for both;" it also sets forth a periodic, semi-annual application
process for both types af exemption.l?
The Commission later clarified, in its regulations, its view that SOl (c)(4) organizations
applying for a blanket exemption from the disclosure requirement pursuant to Part 938.4(b) are
not entitled to a statutory appeal before a Judicial Hearing Officer.'! However, the Lobbying Act
expressly provides for an appeal before a Judicial Hearing Officer for filers whose periodic
exemption applications are denied - and so, to the extent that blanket exemption applications are
treated as periodic exemption applications in the Commission's regulations, it remains a matter
of uncertainty whether and why blanket 501(c)(4) applicants should be treateddifferently and
denied an appeal before a Judicial Hearing Officer.
Regarding appeal from denial of a periodic source of funding disclosure exemption
application, Section I-h(c)(4)(ii) of the Legislative Law provides that, if the Commission denies
an exemption,
"[tjhe reporting lobbyist may appeal the commission's determination and such appeal
shall be heard by a judicial hearing officer who is independent and not affiliated with or
employed by the commission, pursuant to regulations promulgated by the commission.
The reporting lobbyist shall not be required to disclose the sources of funding that are the
subject of such appeal pending final judgment on appeal."
First, as noted above, to deny the NYCLU an appeal before a Judicial Hearing Officer
while treating its eligibility for exemption as periodic and not categorical would appear to violate
the express legislative mandates set forth in Legislative Law §1~h(c)(4)(ii). The Commission
could have opted to regulate the 501 (c)(4) "blanket exemption" in an appropriately narrow
manner, as it does the other categorical exclusions in that section of statute, and set forth a rule
that describes the category of entities covered and determines eligibility for the exemption,
Instead, it has chosen to regulate the "blanket exemption" with a heavier and more authoritative
hand- just like the periodic exemption, the denial of which is statutorily subject to review by an
financial donors is a showing ofa "reasonable probability" of harm, threats, harassment 01' reprisal. (Buckley v.
Valeo, 424 U.S. 1,88 (1976». This standard was originally adopted by the Commission in a 2013 regulation, but
was later amended. The current "substantial likelihood" standard has been much debated by the Commission as to
its applicable meaning, and Is much more strident than First Amendment jurisprudence allows. We aver, as we
have in the past, that applying this standard is in errol', both as a matter of constitutional law and public policy;
and the NYCLU reserves the right to appeal a ruling by JCOPE that is made pursuant to this standard.
8 N.Y. Leg. Law 1-h(c)(4). Arguably, this treatment alone enlarged the Commission's authority beyond the
constitutional scope of the statute, by requiring all covered 501 (c)(4) organizations to participate in a periodic
quasi-adjudicatory proceeding twice annually, when the statute deems such organizations eligible for an
ostensibly permanent or long-term categorical exclusion in ordet' to comport with First Amendment requirements.
9 Part 938.4(a). Note that Part 938.4(b) incorporates these factors and the substance ofPart 938.4(a) by reference.
10 Part 938.5.
11 Part 938.6; Part 941.18(a). Again, this disfavored treatment appears to further enlarge the Commission's authority
in violation of the express statutory mandate that the disclosure requirement "shall not apply" to qualifying
50 1(c)(4)s working in appropriate areas of public concern such as civil rights and civil liberties.
3
independent Judicial Hearing Officer. To the extent the statute provides the Commission any
heightened authority over the periodic exemptions, it also necessarily provides an additional
layer of independent review as a check on that increased authority. In this respect, those
regulations that purport to treat the 501(0)(4) blanket exemption as periodic and subject to semi-
annual determinations by the Commission, yet bar independent review of the Commission's
determinations, are in conflict with state law and may be deemed unenforceable,
In addition, there is administrative precedent for disregarding the regulatory distinction
between appeals from applications made under Part 938.4(a) and 938.4(b). This issue arose in
2014 when the NYCLU appealed from the Commission's denial of its application for exemption
from disclosure. In entertaining the appeal, the Judicial Hearing Officer considered ~and rejected
~the distinction between an application made under Part 938.4(a) and one made under Part
938.4(b). In doing so, the Judicial Hearing Officer concluded that, even though the NYCLU
application appeared to have been made under Part 938.4(b), "the substance of the application, as
well as the Commission's denial of the exemption, covers issues presented by any application
under subsection (a) and this appeal will not be dismissed because of a technicality. It will be
considered and decided as if the Application had specified Part 938.4(a) instead of Part
938.4(b)."12
There, because the NYCLU application for an exemption could have been brought under
Pali 938.4(a), and because its substance relied.upon the test set forth in Part 938.4(a), the Judicial
Hearing Officer held that he retained jurisdiction to entertain the appeal, despite the
Commission's regulations to the contrary. Precisely the same reasoning applies here. Because
501(c)(4) organizations can apply under Part 938.4(a) as well as Part 938.4(b), and because the
substantive factors set forth in Part 938.4(a:) make up the entire substance of any application
under Part 938.4(b), appeals from the denial of an application for exemption can and should be
given the more favorable treatment accorded appeals from 938.4(a) denials.
***
The merits ofthe NYCLU's request for an exemption from disclosure are amply set forth
in the July 14, 2017 letter and application, including the past materials and exhibits appended.
The NYCLU relies upon that submission in support of this appeal, but supplements that
submission here to address briefly the reasoning employed by the Commission in its October 16
letter denying the NYCLU's application for an exemption.
The Commission's denial letter offers four reasons for its rejection of the NYCLU
application.P First, "in the Commission's view, the new material does not amount to specific and
direct threats, nor has NYCLU presented any evidence of incidents of actual harm to anyone
associated with NYCLU since its last submission." Second, as it has in the past, "the
Commission found that many of the incidents [of threat, reprisal and harassment] were remote in
time and geography." Third, as it has in the past, it concluded that "the majority of the
information contained in the NYCLU's application pertains to its staff members or pertains
12 Decision of Judicial Hearing Officer George C. Pratt (July 11, 2014), reversíng JCOPE's 2014 denial of the
NYCLD's previous applioation.for an exemption, at 2, attached herein. As noted above, attached documents
include the Commission's denial letter of October 16, 2017, and the July 14,2017 application ofthe NYCLD
requesting exemption, as well as the exhibits presented with that application, including the 2014 decision.
13 Joint Commission on Publio Ethics Denial Letter signed by Aoting Chair Michael Rozen (October 16, 2017), at 2-
3, attached herein.
4
generally to the ACLU." Finally, and again as it has in the past, it claimed that "some of the
incidents described by NYCLU rise to no more than constitutionally protected speech."
As we have in the past, and as we did in some detail in the July 14 application letter
itself, the NYCLD asserts that denial of our application on these grounds disregards both the
statute and the Commission's own regulatory test for exemption.
First, this reasoning fails to resolve itself with, or even acknowledge, the clear and
express intent ofthe statute to wholly exempt from disclosure, on FÏ1'stAmendment grounds, the
set of "civil rights and civil liberties" organizations and other non-profit groups historically
subject to hostility related to their controversial work. Once again, in deliberating upon
exemption from disclosure, the Commission relies openly on its statutory transparency mandate
by "seeking broad disclosure in promulgating its regulations governing the exemption process,"!"
and opts to disregard the statute's First Amendment mandate, which is given its effect in the
exemption process.P
The Commission's denial letter opens by asserting its own reading of its authority
regarding the statutory exemption at issue: "the statute provides ... that the decision whether 01'
not to grant an exemption is entirely within the discretion of the Commission, upon due.
doliberation.t'" However, regarding 501(c)(4) filers working on controversial matters, the statute
itself actually says that the disclosure requirement "shall not apply" to qualifying organizations
including those working in "the area of civil rights and civil liberties" - and the Commission's
charge is to set forth regulations that determine which "area[s] of public concern" should qualify
an organization for the exemption. Again, the Commission's statement ofits own authority is
considerably broader than the statute provides, and disregards its First Amendment mandate.
Second, the Commission's own regulations require it to consider broad factors such as
"past or present harm, threats, harassment or reprisals" to donors, filers, or associates;'? the
"severity, number ... and duration" of such harms;'! the "pattern of threats or manifestations of
public hostility" against donors, filers, or essociates;" and evidence of these harms against
"similar" organizations.ê? The Commission's stated ad-hoc evidentiary standard that "unless an
applicant makes a persuasive showing under multiple factors it is unlikely to prevail" vastly
exceeds the discretion prescribed by its own disjunctive and non-exclusive list of factors - and
regardless, we are certain that the record provided capably meets and exceeds the regulatory test
persuasively and across multiple factors.
In light of these overly strident readings of the statute and regulations, it is unsurprising
that the Commission finds itself perennially unable to make out grounds for an exemption in any
application that comes before it. This inability to uphold the statutory mandate jeopardizes the
expressive rights of controversial non-profits and their contributors - and it jeopardizes the
constitutionality of the Lobbying Act itself as a result.
14 Id. at 2.
15 N.Y. Leg. Law § l-a,
1G Denial Letter at 1.
11 Part 938.4(a)(1); Part 938.4(a)(2).
18 Part 938.4(a)(2).
19 Part 938.4(a)(3).
20 Part 938.4(a)(4).
5
***
For all of'these reasons, this appeal should be referred to an independent Judicial Hearing
Officer; or, if the Commission will not do so, in the alternative, we request a rehearing 'in light of
the statute's express exclusion of controversial "civil rights and civil liberties" organizations
such as the NYCLU from the reach of its own disclosure requirements.
We appreciate the time and consideration of the Commission and staff in attending to this
matter.
~.'.'
Sincerely,
,')
\.:
~ ..... ~
Donna Lieberman
Executive Director
6
MICHAEL K. ROZEN SETH H. AGATA
ACTING CHAIR EXECUTIVE DIRECTOR
ROBERT COHEN
JAMES E, DERING
MARVIN E. JACOB
SEYMOUR KNOX, IV NEW YORK STATE
GARY J, LAVINE JOINT COMlYllSSION ON ¡:>UBLICETHICS
J, GERARD McAULIFFE, JR.
PHONE: (518) 408-3976
BARRY c. SAMPLE
DAWN L. SMALLS 540 BROADWAY FAX: (518) 408-3975
GEORGE H. WEISSMAN ALBANY, NEW YORK 12207
JAMES A. YATES www.jcope.ny.gov
MElvŒBRS
October 16,2017
Dalma Lieberman
Executive Director
New York Civil Liberties Union
125 Broad Street, 19th floor
New York, New York 10004
..On July 14, 2017, the New York Civil Liberties Union ("NYCLU") applied to the Joint Commission
on Public Ethics ("Commission") fol' an exemption from the Source of Funding Disclosure requirements in
Legislative Law Article I-A §§1-h(c)(4), l~j(c)(4) and 19 NYCRR Palt 938. The statute provides ih relevant
part that the decision whether or not to grant an exemption is entirely within the discretion of the Commission,
upon due deliberation, The Commission carefully considered NYCLU's application at its September 19,2017
meeting. The Commissioners reviewed the application and supporting evidence and discussed and evaluated
the merits of the application under the relevant legal standard during the public session of the meeting, creating
a full record of the basis for its decision. NYCLU's application for exemption failed to receive a vote of a
majority ofthe Commissioners, therefore its application is denied. Pursuant to Part 938.5(d), the Commission
hereby sets forth the reasons and basis for the denial.
By way of background, the source of funding disclosure provisions increase transparency by providing
the public with information about the individuals or entities attempting to influence government decision-
making by funding lobbying activities. Specifically, the source of funding disclosure provisions require
lobbyists who lobby on their own behalf, and clients oflobbyists, who devote substantial resources to lobbying
activity in New York State, to make publicly available each source of funding exceeding $2,500 for such
lobbying.'
I The source of funding disclosure requirements were first established by the Public Integrity Reform Act of 20 11 ("PIRA")
(Chapter 399, Laws of2011), and most recently amended by Part D of Chapter 286 of the Laws of 2016.
Ms. DOlma Lieberman
October 16, 2017
Page 2
. Under both the statute and the related regulations, entities are permitted to apply for exemptions from
disclosure. It should be noted that the Commission sought to effectuate the legislative intent seeking broad
disclosure inpromulgating its regulations governing the exemption process. (19 NYCRR 938.1.) NYCLU
applied for an exemption pursuant to Part 938.4(b), which applies to organizations that have exempt status
under Section 501(c)(4) of the Internal Revenue Code of the United States. To qualify for an exemption,
NYCLU is required to show that its primary activities involve areas of'publíc concern that create a substantial
likelihood that disclosure of its sourcets) of funding will cause harm, threats, harassment 01' reprisals to the
source or individuals or property affiliated with the source. 19 NYC.RR Part 938.4; see also Legislative Law
§§1~h(c)(4), I-j(c)(4).
Part 938.4 sets out a list of five nonexclusive factors the Commission must consider when
determining whether an applicant has shown a substantial Iikelihood of harm, threats, harassment 01'
reprisals to the applicant's sourcejs) of funding if disclosure were required. It is the Commission's view
that unless an applicant makes a persuasive showing under multiple factors, it is unlikely to prevail.
The burden is on the applicant to establish a "substantial likelihood of harm." This high standard
for an exemption is in keeping with the purpose, " .... to better inform the public aboutefforts to influence
governmental decision making through increased transparency," (19 NYCRR Part 938.1 (4 J.) Thus, to be
eligible for the exemption, NYCLU's application must contain evidence, by way of specific
instances/examples, that disclosure of sOUl'Ce(8)of funding would create a substantial likelihood of harm,
.threats, harassment or reprisals to the source(s) of funding 01' individuals or property affiliated with such
source.
In support of its application, NYCLU relies in large part ori its January 2017 and July 2015
applications for exemption, both of which the Commission denied.' Accordingly, the Commission
incorporates herein its assessments ofNYCLU's January 2017 and July 2015 applications. In.addition,
to support its current application, NYCLU provides information of more recent origin in the forro of ten
holiday cards, three letters and14 assorted photos or postei's that were delivered to NYCLU.
The Commission consicÍered all of the alleged incidents of "harm, threats, .and harassment"
identified by NYCLU.in support ofits application, both old and new. For the reasons set forth below, the
Commission reaffirms its prior findings concerning the previously submitted evidence, and concludes that
the new evidence does not meet the burden required for the Commission to alter its previous assessments.
First, in the Commission's view, the new material does not amount to specific and direct threats,
nor has NYCLU presented any evidence of incidents of actual harm to anyone associated with NYCLU
since its last submission. Indeed, only some of the hew evidence appears to be directed at the American
Civil Liberties Union C'ACLU") and NYCLU, and even that evidence does not implicate their supporters
01' sources of funding,
Second, in considering the previous applications, the Commission considered the number,
recurrence and location of incidents identified in NYCLU's application. The Commission found that
2 The January 20 17 and July 2015 applications, along with NYCLU's December 2013 application, are all appended to
many of the incidents were remote in time and geography. Notably, because NYCLU's application is
primarily based on the information it proffered in its prior applications, there is limited evidence of
incidents occurring in recent years. Further, the Commission previously noted that at least three of the
ten incidents mentioned in the 2015 application occurred well outside the New York area.
Third, NYCLU's July 2017 application provides no new information related to supporters of
NYCLU, ACLU and similar organizations. Many supporters attend rallies or publicly identify themselves
through social media 01' other venues, and NYCLU has been unable to demonstrate sufficiently that these
supporters experience adverse effects from being associated either with NYCLU or with similar entities
or causes. The majority of the informatlori contained in NYCLU's application pertains to staff or to the
ACLU generally. NYCLU's application fails to establish a nexus between any information it has proffered
in support of its current or prior applications and the likelihood that disclosure of these supporters, donors,
or sources of funding wi1l1eacl to harm, threats, harassment, or reprisals,
Finally, in the opinion of this Commission, some of the incidents described by NYCLU rise to no
more than constitutionally-protected speech as opposed to evidence of a substantiallikelihoocl of ha1111,
threats, harassment or reprisal if disclosure were to be required.
For the aforementioned reasons, the Commission has concluded that NYCLU not only has failed
to establish a "substantial likelihood of harm" but also has failed to show ever).a "reasonable probability"
of such harm. Therefore, the Commission denies NYCLU's application for the exemption.
Sincerely,
~k~~'
Michael K. Rozen ~lf of himself
and the following Commissioners)
Marvin E. Jacob
Seymour Knox, IV
Gary J. Lavine
J. Gerard McAuliffe, Jr.
George H. Weissman
APPLIO\llON ÆQUæJ1NGAN EXB'vlPnON FROM N'r'S.bint CDmmiæon on AJblie B:hics
SJUREOF FUNDING DIOCLOOJÆ FmUIR3\A ENTS 540 Broadway, Albany, NY 12207
51&.408-3976/jcoQe@jcoQe.ny,gov
The regulations governing a Oient Rler'sobllgation to disclose sources of fundi ng are contained In 19 N~Part 938. These
regulations provide that a Oient Rier may æek an exemption from the.æurcs offunding disclosure requirements. Part 938.4
sets fort h the applicable standarçfsupon which an exemption shall be granted by the .bínt O:Jmmissionon RJbHcShies In
addit Ion to completing this form, please review the procedures to apply for an exemption In Part 938.5.
Title: E)CEC.l,j\\\I~ ..
t:>\~EC_To«_
Telephone Number: (2,,\2.) t.øø'Ï-"3 '3 00
,Address:
\ Z.S ~e..~#\'D S,,\, t\Q'1')-\FL. otJ«_
l\I~W ybfL'I'- t \'-\ ~ 100 04
E~MallMdress: I. f':::\
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1. alent RIeris an Iffi§501 (cX4) organization seeking an exemption from dis::losing all8:íurces pursuant to 19 N'l'tFRPart
938.4(b), which requires El showing t hat the aient Hler'a" primary act Îvíties involve areas of public œncern that create a
subsl:antial likelihood that diæloSJre of .. .lts8:íurces will œuseharm, threats. harassment or repriseJsto the $.)urcesor
Indivldualsor property affiliated with the 8:íurœs." X
or
2. OientRleris seeking an exemption for a 8:íuroo, 8:íurces,.or class of 8:íurces pursuant to 19 N~Part 938.4(a), which
requires a showing by "c1earandcanvincing evidence that dloclosure of the &lurœ [or &lurcesl will cause a rubstantial
likelihood of'harrn, threats, harassment or reprlælsto the8:íurce or individuals or property affiliated with the &lurœ [or
8:íurces]." __
AlIOient RIetsmust SJbmit, with this form, a letteraddreæed to the Cbmmlssion requesting an exemption and ætting forth
in detâHwhythe applicable regulatory standard (19 N~Part 938.4(a) ör (b)) has been met.
_Alllnforll1atlon in support oftheexemption request must be submitted togethen.vlth the letter,
lhe letter must airo conteln the following sgned declaration: "I declare that theinfofmaUon contained in this
application lstrue, correct, and complete to the best of my knowledge and belief."
An information rubmiUed in rupport of an exemption will be made publidy availableand discussed in
the Public E'ession of the Cornmissi on's meeting. The only exception to this rule islnformaUon for
which the O:lmmission has granted a Oient RIer's request for oonfidential treatment.
1
O:iober2013
....................
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m~N'YSJ)rnrljJmmiæ6ñ~orrF\Jl5lTëmI3Jliœ-mm_..~ .....
~
roURCEOFRJNOING
OISlOSJÆ F£QUIFSv18'JTS 540 Broadway,. Albany, NY12207
51a,.408~3976/icope@oope.ny.gov I
IMPORTANT INFQRvtA1IQNFORaJ 8'JT RLERSs:E<lNGCùNHOEN.llAL TÆATM 8'JT 11
FUrruant to 19 N"ttfflFBr't 938.8,.a request for confidential treatment ofInformation may only be granted by the
O:lmmlssionupon .aEhQWÎt1gof p$f'ttcul ar cfrcumstanœs, such as when. the Information waul d reveal an ongoi ng
InvestigatIon by a©Overnmentel body that hasnot bëen made publiê,or information that, If revealed, would constitute an
t.tnwarranted .¡nvason of per$::JnafpriVaçy.
Fieaseinçlicateif the OIent Filer is requésting, pursuant to 19 N'fCffiPart 938.8, that èpedficlnformation submitted in
support of the eXemptio!1 be treated as confidentiaL __ --
Procedure for.a dient Hier Requesting Q:mfidentiai Treatment of Certain Information.
1. In a separate[etter~ indicate¡ precisely wh¡;jt ri161terial lsthe rubject of the confidentiality request and æt forth •.in
datafl, Why S!Jch material is entItled to be treatéd aSCöhfldentlal purruant to Part 938.8.
2. Frovidetwo cópiesöf the mäterial for which confidenttalityisrequest.ed.
Ole copy of the material must be Inan un"redacted form.
The second copy of the) material must IndudeJmy proposed redactions, The red2Çted versIon of the material ls
the version that, should the O:¡fnmi ssion granttheconf!dentialltyreqllést,wîU bérnade publicly available
(together with the material for whichho confidentfal treatment hásbeen requeSlted).
Generally, propoæd redactlonsshöuld only Indude perrona Information whlch,becaU$ of anarne,nlJiTlber,
symbol, mark or otherldentlfier,can be used to identify ta perron, $Jch asana.ddress, telephone number,bírth
date, orsocialæa..iritynumber. if theŒentRler isunableto submifaredâcted \/ersion that ßdequately
preserves the requested confidentiality, prbvíde.a detalledexplç¡nafion settingforththéréaronswhy thé
mat€flal in ltsentirety :::hould remain confidential.
Impact of a Grant or!Jenlal by the Cbmmiæjon of a CbnfidentlalityPsouest.
- Ifthß COmrnlssiongrants theconfrdentiality request, the materlal that lsthe $Ubjeet orthe request will be
consdered by theCOmmi$$ionin an EXecutiv€I S3sslon that Is dosed to the pubñc, A.llothermaterial,snd the Œ~mt
RJer's eppliqqtJon for an exemption from the source of funding disclosure requirements as.swho[e, will be made
publicly åValiable ând Cönsdered by the COmmission ins A.lbllcS3ssion.
If the COmmission deniestheconfidentfallty request, theOient Fllerhastwooptions. Indicate bélowwhether the
Olen.tRlerelectsQ:ltlon Aor Q:ltlon l3 (chöóseonlyonè)~
(A} The m.aterial that l.sthe rubjectof the conftdentiality request t hat was rejected by the COrrirni æQn will
remain confidential and wHI1JQ!;beconsdered by theOJmmÎssion wn€in evaluating th€! applíèê!tioh for
exemption.
or
(S)The materlai that istheSlbject of the confidentlalityrequest that wåstèJectéd bythe.OJrnmiæon will be
made publtdyavailable, in an un-redacted and complete form (or with redactionsmade by the COmmission
In itsdiro'etion), and will be consdered bytheOJmmlssion In the FUbllc·Eession when evaluating the
application for an exemption.
2
()jober2013
Nye LU
•
1-----------
NEW YORK CIVIL LIBERTIES UNION
125 Broad Street
NewYork,NY10004
212,607.3300
212.607.3318
www.nyclu.org
Sent by email
Pursuant to Commission regulations at 19 N.Y.C.RR. 93 8A(b)~ the New York Civil Liberties Union
(NYCLU) requests an exemption from the Source ofFtmding diselosure requirements;'
The NYCLU ísa 501(0)(4) organization whose primary activities concern controversial and often
unpopular matters of civil rights and civil liberties; NYCLU employees and facilitÍ.es have faced
episodic bomb threats and death threats.nnd there is a long history of threats, harassment and attacks
against our members and supporters directly. These have been documented in our past exemption
requests, and many have taken place since the Public Integrity Reform Act of 20 11 (PlRA)2 was
enacted and-while we have been reporting to the Cammission.
We respectfully request that the Commission consider our application in light of the special solicitude
extended by the statute tocivîl rights and civil liberties organizations and because of the extensiveness
of the record of specific harms we have presented. If an organization such as the NYCLUoannot be
deemed exempt on even a periodic basis - despite the fact that our areas of primary activity are
expressly identified by statute as candidates forexemptionsand despite the fact that we have
demonstrated a serious and ongoing record of exposure to harm- then it is unclear whether and how
the statute's 501(0)(4) exclusion provision can ever be saâsfied,
1. Civil dghtsand civil liberties urganízatícns such as the NYCLUnre expressly identified by
statute as the sorts of orgauizationsthat are eligiblefor exclusion from the Commission's
Source of Funding díselosure requirements.
l While we wouldappreciate ceuslderatícn föt astil:nding ör long-termexemption based on the contröverslal public interest
character of our organization's activities, as is provided for by statute, we request, at rnínlmum, œnaideration for an
exemption to cover-the most recent reporting period, January l - July 31,2017. The Commissløn has, In the past,
deliberated upon requests for prospectlveand longer-term exemptions frem disclosure.
2 Ch. 399, L. 2011 (part S).
1
The Lobbying Act specifies that organizations working on controversial public interest matters such as
civil rights and civil liberties are entitled tospecial eonshíeraticn under the soutce-of':'funding
diselostue requirements,J It states that suèhdisclosures"sha11 not apply to~'any §501(c)(4) exempt
organization ~'whosepril11ary activities concern any area of public concern determined by the
commission to create a substantíallíkelihood that application of this disolesure requirement would lead
to harm, threats, harassment; ör reprisals toa source of'fundlng or to individuals Ol' property affiliated
with such source, including but not limIted to the area o¡civil rIghts and civilltbertiesandanyother
area or public concern determined pursuant to regulations promulgated by the eommísslon to fornt a
proper basis for exemptío.no.n this basis from this disclosure requírement'"
This appears In the law as the second of'three provisions that exclude a class from the Source (jf
Funding disclosure requirements: one for 501(0)(3) organizations, one för 501(0)(4) organizaHollsat
work on controversial1nåttersofpublic concemland one forgüvernmententities,S The statute provides
that the Commission should set forth regulations regarding; the "area[s] oflrublic conœrll~'that wí1l
forma proper basis for theexempti.on from disclosure, and provides that "civil rights and civil
liberties"al'e to be included among those areas. The intent to exclude or exempt organizations such as
the N'VCLU is clear in the text and structure of the Jaw}\ ..
Departing somewhat from the law, theCommissîøn' s regulations treat the 501 (c)(4) excl~lsion as a
periodic éxemptlon, ulllike$O 1(e)(3) and government entitles, whiCh are never mentioned in the
So-urce of FuncHng Regulations, presl.lmably because theyareex¢luded bystatute,1 Omitting the law~s
specific mention of civil rightsandcivi11ibertíes, Part 938(b)(4) provides that the Commission "sball
grant an exemption to disclose all Sources of Contributions to a CHentFiler, if (i) the Client Filer has
exempt status under LR.C. ,§501(c)(4); and (ii) the Client Enet shows that its primary activities involve
areas ofpublic concern thatçl'eate a substantíallikelihoodthat disclosureofits SOutce(S) will canse
harm, threats, harassment or reprisals to the SOl.lrce(s) or individuals or property affiliated with fue
Source(s), ,,8 .
orientation or religion, ¡rnmigrant rights, and the l'ights ofcertaill criminal deteu.dal1ts are expected to be covered by suchan
exemptiol1,"(emphagts added),
7. 19 NYCRR 93.8, Source aj'Funding RegulaN ons i
2
II. The NYCLU, and our members and supporters, bave bistorically been subject to perledle
and unremitting barm, threats, harassment, and reprisals of precisely the sort anticipated
by statute and essential foran exemption under the regulations.
The NYCtU has provided lengthy and detailed documentation of relevant "harm, threats, harassment
01' reprisals" in OUt past requests, including:
• a bomb threat to our shared offices with the ACtU, of which we are a state affiliate;
• repeated bomb threats to aux upstate New York offieea;
• vandalism to the vehicle oran. upstate NYCLU member on account of NYCLU activities,
including the spray-painted taunts "Fuck u ACLU"and "Die Fag";
• a District Court ruling that NYCLU members have been subjected to such hostility that
their First Amendment rights. were impaired;
• protective anonymity measures taken by staff who answerNYCLU phones to avoid being
publicly identified, due to threats; and
• examples of extremely unpopular and controversial interests we have represented on
constitutional grounds, and the, extreme behavior which has res\llted, including targeting and
harassment of staff members,
All of'this.und more, has been presented to the Cormnisaíon.and is again appended to thísapplícation
fat the benefit oíany Commíssíoner who may wish to review it. We have submitted so much
documentation of so many serious inoídents that impacted our organization and members directly -all
discounte~ as inconsequential in past Oommiæion determlnatíons-. that lneludíng hate mail and other
disturbingccrrespondence in this application may be little. more than gilding the lily. Nonetheless, an
appendix to this letter includes a new sampling öf the hostile correspondence received at our New
York City ofñcesby ACLU &NYCLU over the past year.
III. The grounds for past deniabtbaf have ·beenstafed by the Commission often conflíct witb
the Commission's own regulatory scheme, and disregard the statutory mandate toprotect
donors ofnon-profitsfhat do controverstalwork in the public interest - a mandate that is
roofed in bedrock First Amendment law and principle.
Although regulatory treatment of 5 Ol (c)(4)s departs from the apparent construction of the Lobbying
Act as described above, the regulatory text adopts the statute's language emphasizing the character of a
501(0)(4) organization's actlvities as the basis for an exemption.end calls for a showing to the
Commission ofthat character and its relatíonship to specific harms in order to qualizy, The
Commission promulgated a test for both the periodic single-source exemption set forth In statute and
the 50 1(c)(4) exemption, under which it considers factors that include; but are not limited to:
(l) Specificevideneë of past or present harm, threats, harassment or reprisals to the 80urce(8) or
client filer or individuals or property affIliated with the source(s) or client filer.
(2) The severity; numberof incidents, and duration of past or present harm, threats, harassment
or reprisals of the. soul'eeCs) Ol' client filer or individuals or property affiliated wIth the source(s)
at client filer.
(3) A pattern of threats or manifestations of public hostility against the sOUl'ce(s) or client filer
or'indivíduals or property affiliated with the source(s) or client filer.
(4) Evidence of harm, threats, harassment or reprisals directed against organizations Or
individuals holding views similar to those ofthe sourceis) or client filer.
3
(5) The impact of disclosUl'e on theabiUty of'the source(s) or client filer to maintain ordinary
business operations and the extent ofresultil1g economic harm.?
However straightforward the list of factorS' for consideration may seem, the actual standard imposed hy
the Commission, for granting an exemption, has been so elevated as to nulIify the statutory mandate.
The. Commfssíon' s most reeent denialletterlO even states that \'[1JtIs the CöltífnissionJ s ViêW that
unless an applicant makes á persuasive showing under multiple factors it is unlikely to. prevaí]," This
standard for exemption is clearly much morestringent than the regulatory text itself. Even though the
NYCLU\s record objectively satisfied several ofthe factorsín the past, we have been repeatedly
denied exemption. Further, the stated gl'QundsfotderiiaI often seem tö conflict with the filetors
thèmselves.
For example, there is no requirement that specific harms arise during the semi-annneí period in
question, or that only severe harms would receive eensíderàtíon; yet C0l11l111ssionst£ltements have
indicated that only seríøus threats from the semî-annual period at hand would be conside.red,otthátthe
lengthy history presented included event¡ythat were tool'l'e111ote in timel'tobe·considel'ed. 'However,
neither the statute not the 'regulationSéalls for showing of an articulated immediate threat 01' prediction
of il1'íl11inent~ymanifesting harmin order to qualify foran exemption; in fäet, the regulatÎoris
repeated~y teqnire the CommissIon to consider I'past" hanns and the ~'patternofthreätsor
manifestations of pùblic hostilitY" against an örgatrizaríon, its work, and 'those w'hÓl11al<eits work
possible through fîaanoiaísupperr,
Specifically, in the NYCLU'·s January 2017 application, we documented one person's public ,appeals
for someone to kill us and all of our members and blow up ourbuildingas well as repeated hostile
conununicatfons from another individual receiyedat our office. In the Commission's deniallettêt,
these were dismissed ön thebasls that "only one was sênt during the relevant filing period" and it is
directed attheNYCLUands!mHar ()rganizations~notits supp01iers.;' This suggestsfhat the public
exhortatlon¡~ALL THE MEMBERS OaT TO [BEl KILLED TODAY'~ -targeth1g .our suppOJiers -
was dismissed simply because it was posted in 201 $ and not in 2016, which wotûd be in direct conflict
with the factors the Commission is required to consider under its own regulatory test.
The Cemmlaelon's most recent denlal letter closes by stating that the "burden is onthe applicant to
establishasubstantiallikeHhood of harm,',Uciting its regulatory ndoptícm o!PIRA's general
legislative intent to facilitate disclosure. The NYCLU respectfully submits that> to whatever extent that
t¡ 19NYCRR 938.4.
to Dated May 12, 2017,am:! signed hy Aétihg ChaJrRozeh Cappertded).
ti Internal quotations omitted.
4
may be accurate, the burden has been well met in our repeated demonstration of a long history with
this kind of harmful retaliation against our work and supporters.
We further request the Commission's consideration of a different question: whether the statutory and
regulatory burden to be met is actually satisfied by a faotual.demonatratíon that the NYCLU is
precisely the kind of organization whose donors the legislature meant to shield with the provision then
known as the <NARAL exception' -a protection that leading reproductive rights advocates including
the NYCLU have consistently been denied.
The NYCLU recognizes the interests of transparency and disclosure. But, there is a countervaîling
interest raised by this application, And It is an Interest of constitutional import. The Supreme Court has
long recognized that the associatienal privacy rights of controversial, ideological organizations must be
protected; that such protection must extend to the security and secrecy of their membership lists and
the names of their donors; that without such.proteetlons those associating with such organizations are
vulnerable to threats and harassment and retaliation; and that without such protections vigorous
advocacy will be. diminished at a considerable sacrifice to robust ideological debate and association.
Accordingly, the Court has imposed a specific constitutional mandate holding that, under the First
Amendmentdiselosureprevisions cannot be imposed upon controversial, ideological associations
where there is a"reasonahlepl'Obability" that persons Identified with such associations will experience
"threats, harassment or reprisals." 12The Commissiorr's responses to the NYCLO's previous
applications failed utterly to respect this important concern.
We are the NYCLU, the state affiliate of the American Civil Liberties Unían. We are a civil rights and
civil liberties organization, workíng daily on controversial matters, From time to time, we provoke
hostile responses, both from the public and from the government officials whose actions, we must
frequently challenge. Many of our members and supporters are indeed open and public; but many of
our most vulnerable members and stafffînd themselves in situations and ertvíronments where they
cannot so openly affiliate themselves with the NYCLU or ACLU,
As an. organization, and as individualcivil liberties advocates, we have a long history of controversy.
That history will not end, Unfortunately, We expect that our controversial work will provoke
threatening responses in the future just as it has in the past. We seek SOUlerelief from our exposure to
such threats. Thank you fol' again considering our application, and please let us know if we can provide
anything further in support of it.
I declare that the information contained in this application is true) correct, and complete to the best of
my knowledge ånd belief.
Sincerely.
ß~~'<-<V
Donna Lieberman
Executive Director
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"Terrorists Will Nuke New York City!"
Terrified at har tormènt, they wUI ständ far öff· d cry:'Wae! Waeta you,greatcity, mighty of
Babylon! In one hour your doom h.ascomel.'" Then aml.ghtyángel pioked upa boulcterthe size ofa
largemlllstonè and threw It into thes.ea,andsalcf: "With such violence the great. city o.fBabylon will be
thrown down, never to befoundagaÎll." Holy B.îble, Revelation 18.:10,21
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and tageandfutyagainstthosewhó .... ,....'.to prosecute the elite criminals because
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and Vengeance againslßl1 ofwjçked.humanity. I AMnol partial inJv1yjudQmemls-Jgive,lo
'allwhattheyd~serve .. Vengeancei§ Mine I. and the blood of thélittlechildrencriesoutto
,Me!th~önessavageIYJapèd hy theSatanistsandpedophiles.· AllisnotlJfHlotic~dbyMe,
and theAll-Knowing Godseesa.U,alid wiilpunishallfortheirrefusalto ob~yandrepent~lnd
serve Me. All win göto H.ell, unless they repent The Living God has spdken, amen!"
Because it Is a and what if the sword contemn even the roel? shall be no more, saith the Thou therefore, son of man,
prophesy, ahcfsmlte thine hands together. andlet the sword becjoubled the third Hme,.the sword .of thllslain:.itls the sword of the
great men that are slalo, whlchenteteth inlo their privy chambers. Ihavé set the pOint of the sword againstall their gates, that their
heart m¡ty faint, and their ruins bemultlplled: ah! it is made bright, IUs wrapped up.lor the slaughter. Ezekiel.21 :13-15
The earth is gÎ\lénlnto the hand of the wicked: he cövereth the faces of the jud.ges thereof; if not, where, and who is he? He leadeth
counsellors aw'Ø,yspoiled, and makeththë JudgeS fools, Job9:24,12:17
Daniel answered and said, Biessed be the name of God for ever and ever: for wisdom and might are his: And he ehangeth the times
and the seasonss he. removethkings,and setteth UP kings: he giveth wisdom unto the wiså,andktlowiedge to .them that know
understanding: He<revealllth the deep and secret things: he knoweth what is In the darknes.s, and the light dwelleth with him. Daniel
2:20-22
That brlnqeth the princes to nothing; he maketh the JUdges of the earth as vanity. Isaiah 40:23
By me princes rule, and nobles, even all the Judges of tne earth.Ptoverbs8:15
Her princes within her are roaring Hons; her Judges are evening wolvesj· they gnaw not tl'JeponeS tlU the morrow. Zephaniah 3:3
Judge not, and ye shall not be judged: condemn not,andyeshall not bé condemned: forgive, andyesháll be forgiven: And he spake
a parable unto them to thÏ!¡ end, that men ol,lghtalways to pray, and not.to falntj Saying, There was in Il city a Judg&, which feared not
GOd,neither .regarded man: And there was a widow ¡nthat city; and she came unto hlm,saying, Avenge meof mine adversary ". And
he would not for a while: b¡Jtafterward he said within himself, Though I fear not God, nor regard.inan¡Yet because this widow troubl~th
me, I will avenge her, lest by her .contll1ual comlngsne weélry me. And the Lord saId, Hear what thøunjustjudge saith. And sh¡:lll not
God his own elect, which cry day and night unto him, he bear long with them? I tell yoo that he will avenge them
peed when the Son of mån shall he Luke6:37 '1,8
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selfsUiddal.loonyenvironmenteriminals,.waíttriminals, tQrt:ùre.crJminafs.
MostènsJªvedpeople luñatic$ uprernecourtJ ydg~sto make JaW$aboutwhat
¡'words" We 'can notsaykills everyonesfreedorns ofsp.eech. Peoplebecóme
wörldslavesWith;nObrain realization oftneirobedience tölunatic laws.
Everything thatishappehing,WestuPid humans ajlowit all tohappert,<
OurtaxesQo to Insane lovers Öfmörewa.r~. CorporateCeo.headsare makers
of warweapOt1 s.Theyâlways love.··makinglotsofcashse IIing thëlr War
weaponsworldwide~oget higherthaninsane drug addi<rtsgetting high,
Their getting highf3.ddiction is for more war cash profiteering. Sö.Verycrazy.
Everyyearapptox 6 to16newchemicalsarè:inventédsold worldWide.
These chernlcals aré never'tested för howsafeordeadly theyreaJlyare right
nÇ>wtöday¡lOyears;from hoW, SOyears from nöW.Thîsis worldCrimihal
chemicalexperimehtal insahitY.We'absolutèlydo knbwthát hundreds of
çhernicals navebèenproveh tobé?itkening harmfuldeaoly endlessly
tançering murdEtring our world families. Thls Information was given to world
peöp!einabook titled Silent Sptihgb'I.·RacheICarson.Rachel ,Carson made
one little slllylunnycra4Y'rnistake.Rachel ,çIidhor~ell~nyot1eth~per$oJial
namesoftheCrimlnal Ceo heads ofchemíçal mQt1opolle$.WhotheYÆlfe,
a,!lwor¡d,p~oplemqstknow, Stop those who keep on murdering our world
people, ,No Ceoheadsofchëmlca.lcOltlpanles are €NèrtrailecJimpfisonedfQr
murdering our world peoples farnIlI~sand peQPleinth~irverY own familieS
too. NoCriminaICeoheac:!softobacGOÇi.gé;3.rettëcompàniésWereever trailed
neverimprisonedfor rnurderfngöúrworld people. Thisísabsolütely Vast
CrimínallnsanitythatmostwotldpeoPJEjsbrainsjust cannot reallze, Their
çrimihalFaces rnustbeputon worldwebsitesrightnow. $omepersohal
names of our Criminal Ceo heads today are; Andrew tiveris of Dowchemlclld l
ROBERT COl-lEN
MARVIN E_JACOß.
SEYMOUR KNOX, N
HON. EILEEN KORETZ; "NEW YORK STATE
GARY J. LAVINE lOlNTCOMNIXSSIONnNPUBLIC ETHICS
J. OER¡\RD McAULIFFE, JR.
DA VID A. RENZt . J?cHÖNE: (51!l:J 408·3916
HON.RENEE R. ROTH 540 BROADWAY FAX: {$18î 40l'l.,B915
DAWN L, SMALLS ALBANY¡ NEW YORK 12207
GEORGE H. WEISSMAN www.juope.ny,gnv
HON. PENNY M. WOLFGAN6
M¡¡Mî~ERS .
May 12,2017
PQnna Liebennan
Executive Direçtor
New York crvil Libçniies.Uruon
125 Broad Street,. 19\h floot
New YÖl:k, New York loóo4
On January 1:3, New York Civil Liberties Uhion rNYCLU") sübmitted an application
10 the J()înt CommissIon on PllblicEthios ("CommIssion';) for an exemption from theSöurce .
Funding Disclosure requireme.nts coutai11éd10 Legislative Law Article l~A ~§1~h(ç)(4), 1-1(c)(4) and
19 NYCRR Part 93$. The statute provides that whethèr to grant an exemption is li dlsceetion(\ry
determinátion of the Commission. The Commissiön cönslderèd NYCLUis application at its
meetings on February 2017and April 25; 2017, The Commissionersrevlewed the application
,aud supporting 'evidence prior each :rn:eetingandcliscussed and evaluated tne merits the
application under the relevant legalstalldard dUr11+gthe public s.e¡:¡slonsof eaChnleetingi creating a
fun l:ecord of the basis fot its decision. NYCLU's applicÇltion for exemptiQn faih;d to receive a vote
of the majority the èomn1issioners, therefore, the application was denIed. Pursuant Part
938,5(d), the,Cómmissi<:mhéreby sets forthtne:teasoUsalld fOl'the denia1.
status under Section 501 Cc)(4) of the Intemal Revenue Coge of the United Statës. Toquälifyfor an
exemption, NYCLU was required to show that its primary activities involve areas of public concern
_ ..1hªtçr§al~_a_§..ul>stantiâLliks:lihoÓd th~gisclill!lJI§.Qfits_~()J!.tClt(§)of fu!lg~!1_gJ-Yillcay§ehª"-rID,tl1I:.e_at8L._~.
_~.c ___
harassment or reprisals to the source or individuals or property affiliated with the Source. 19
NYCRR Part 938.4; see also Legislative Law §§ loChe 6)(4), I-j(c)( 4).
Part 938 A s~ts o~tt a list øf five nonexelusive factors the' Commission must consider wJi~m
determining whether 'an applicant has made a clear and convincing showing of substantial
Iikelihood of hann, threats, harassmentor reprisals to the applicant's sourceïs) of funding If
disclosl.lre were required. It is the Commission's view that unless ID1 applicant makes a
pel'suasive showing under multiple factors it is unlikely. to prevail.
After reviewing NYCLU's application, the Commission finds that NYCLU has failed to
make the requisite showing in support of its exemption request, As an ílJjt~al matter, in support
of its.application, NYCLU primarily relies on its 2015 application for exemption, which was
denied, (The 2015 application, which is. appended to NYCLUls 2017application, in turn relied
heavily on its 2013 application.) Accordingly, the Commission is relying in large part on, and
incorporating herein, its assessment ofNYCLU's. 2015 application. '.
The b\lrden i.s 01]. the applicant to establIsh 'a "substantLal1ikelihooclofharm,\' This high
st:mdard foran exemption is in keeping with the purpöse,"", ..to bêtter ít1fotrn the pubHcaböut
efforts to inf1uencegovewl11enta[dectsionmaking through increased transparency:" (19
NYORRPal't938,1(4)) '. To beeUgiblefor the cxemptiQn"NYCLU's application IDustcontaiô
evidehce,by way of specific instancestexal11,ples,thatdisclosul'e ofsource(s) of funding would
create, a substantial likelihood of ha1'll1¡thl'eat$,reprisalQr har!issment to the soul'ce(s)offunding
Ol' individuals QI' property affiliated with such source. The :ComrnisSÍOllhas concluded that
NYCLU failed to meet that but;denbyclearandèQnvhlcingevidenc~or Dyany otherevidenfrary
standard applicable to civill11atters. l1'herefote~NYCLU;sapplicät1on fQr 'the ex.emption is
denied. .
Sincerely~
~k~
Michael 1<. Roze
and the followl'n.g Co
MaÍ'vin E. Jacob
Seymour Knox, IV
Gary J. Lavine
J. Ge~:ardMcAuliffe, ,Jr.
David A. Itenii
George H. Weissman
~ .
APPENDIX:
January2017 Request for Exemption
Including Attachments
APPLICATION REQUESTING AN EXEMPTION FROM NYSJoint CommlssÎon on Public Ethics
SOURCE OF FUNDING DISClOSUREREQUIRËMENTS 540 Broadway, Albany, NY 12207
518~408~39761icope@lcope.ny.gov
The regulations governing a Client Filer's obligation to dlsclosesourcës of funding are cöntalned In19 NYCRR.Part 938. These
regulations provide that a CllehtFilermay seek an exeniption from the sourceöffunding disclosure requirements. Part 938.4
sets forth the applicable standards upon which an èxemption shall be granted by the Joint Commission on Publlc Ethics, In
addition tocompletlng this Torm, please revlewtheproce.dures to apply for an exemption In Part938,S,
or
2. Cli.ent Flier Is s€H~kîngan exemption for aSourçe, $ourCßs,or class of$oul'ces pursuant to 19 NYCRRPart 9:)8.4(a), which
requires. a showing by "clear 'and .convlnclngevldence thatdlsclosure of the Source forSourcesj will causeasubstantial
likelíhöod ofharm, threats, harassment or rêprisalsto the 5öurçe ör iJ1dI\fldl,H;¡ls at ptöpertyaffiliated wîththe$ourCe [or
Sourcesl." .
All Client Fliers must submit, with this form, a letter addressed to the Commission rl'\questlng an exemption and setting forth
in detail whY theappncable regu1atotysíándard(19 NYCRR Part Sl38.4(a} or (b)) has been met.
• All Information In .support of theeXèmption requèstmllst besubmittéd together With the letter,
II The letter must also contain the following signed declaration: "I dedarethattne iriTormationcohta!necl In this
applJcation Is true, cbrn~çt,and cornpleteto the bestofmyknowJedge and belief,"
All information submitted in support .of an ex:emption will be made publlclyovailable and discussed In
the Public Session a/the Commission's meeting. The only exception to this rule is In/armationJor
which the Commissiorrhasgl'anted ci Client Flier'srequest for cOhfidential treatment.
1
October 2013
~ APPLICATION-REo.~SIlI'lGJ\ßLfKEMeIIQN FROu:M._._-
~ __ ~_ NYS Jöint CQmIDis_sÍQu_ºriJ~Jj~bJj_Q_Elbl~s~--
SOURCE .OFFUNDING .DISCLOSURE REQUIREMENTS 540 BröadwaylAlhal1Y, NY 12207
518"408~3976licope@lçope.ny~göv
Pleélse lndicate ifthe Çliènt¡:iler is requesting,putsl,fant talS! NYCRR Part 938.8, thatsp~eificinf9rmatîonsubmittéd ih
support of the exemption betr~ated as confidential. _
Proceclurefor él Client Filei'Reguesting Confidential Treatment of CertaÎnlnformation.
-L Ina separare letter/indicate. precisely what material.is the .subJectof thecQnfiqentLalityre.ç¡uestand setforth¡.in
det'll I, why such materi,lI is entitled tö be treated as confidential pursLiantto Part9~8:8.
f1rovidetWo cöpiesöfthe material forWhlch conflclentiç¡lIty Isr¡;¡gLløsted.
" One copy ofthama~eríar must bain ån un"fedactedform.
" Thesècontf copy onhe tnat$l'Îal mustindl,ide anyproPQsed réd~ct¡C!n$, Tre n~c!actèd VerSion pfthémåtétiaI 1$
the version that,shQulcl the Commission grant theconfidentiål!ty request,WIJI be made publicly available
(togetrer with the material for whien no cQhfidentiàl treatmelJt has beën reqUested).
Generally/proposed redactions should only include perscmaIíríformatíon which, because Qfa name number, l
symbol, rt1¡}rk or other identifier', çgn be usedtoidëntifYa person, such as an ilddress, telephone number, birth
date, .or social security number. If the Client Fil.eris únable to submit a redacted versi.on that adequately
preserves the requestedconfidentiali.W, provlde a detailed explanation setting forth the reasons why the
material in itsentiretyshQuld remainçonfidentiaL
Irnpàttof il Gran.t or Déniai bVthé Commission. öra Confidèl1tialityReguèst.
October 2013
NYCLU
125 Btoad Street
New York, NY 10004
212.607.3300
212.607.3.318
NEW¥OBKèIVILLI8ERTIES UNION www.nyc1u.org
Sent by ·emalJ
J â111.lary20 17
Ml'. Seth Agata
Executive Direotor
New York State Joint Commission 0l1Public Ethica
540 Broadway
Albany, New York 12207
Thatindividwal didl10t feel that the NYCUtJ WÇl$do.ingeùo~Tgh to protect mlnoritíes; many of
ourt1etractors feel that the NYCLUoi1lycaré8 :fQrthe intetests .ofminörlties ..$ucn is the case
with another person who mailed å letterto NYCLU in.July 2015~ '~YouBASTARDS are
ALWAYS PROTECTING MINORITIES/GAYS, ATHEISTS, MUSLIMS AND DPCOtJR,SE
JEWs! ¡l¥OU[Executive Director Donna Lieberman, addresaed] AND NORMAN [Siegel,.
NYeLU's fonner Executive Director, âlsoaddl'ßSsêd] ARE JEWISH! HOW MANY OF YOtJJ1
Hl<IND" WORK. THBR..E? I bet the place was STARTED .BY A JEW!" ThIs continues for two
pages, until the authot signs off: ('YOU ALL DESERVE TO BURN IN HELL FOREVER! IH
More than a year latet, in September 20 16~ånotheI' letter, veriñably from the Same h1dividuál,
followed, In this more recent letter, the author again takes issue with fhose Wllosé interests the
NYCLU pUl'Port¢dly represents: <'MUSLIM TERROIUSTS, COP KILLERS, PEDOPHILES,
RAPISTS,. CHILD KILLERS, DRUG DEALERS,PERVERTED RABBIS, SEX
TRAFFICKERS, COMPUTER HACKERS AND CON ARTISTS DON'T DESERVE TO
HAVE ANY RIGHTS WHA T8ö EVER!" The writer suggests:~ "THEY DES.ÊRVE TO BE
"TAKEN OUT," ONE BY ONE ... NO JUDGE, NO JURY, JUST AN EXECUTIONER!" 'This
time~ in conclusion: ~'YOURORGANIZATION NEeDS TO BE WIPED OUT!'~
Executive Director
3
THE ACW ANDTHENMCP THENEWYORKCI\llL LIBERTY QNIONIS RUN B¥
+++t+:bt+H+++++++:++1 1.11.1.111. ¡.¡I:H+ARE THEKUKLUXKLAN AND UNCLE-AUNT TOMS
TAKING BRfBERYMONEYFROM THE ++++++:++++++++++++-H ..+.++++++++ALL OF THEM
++++++++++++++++++++++++++++++ I ! * .¡+++ KU
GOTTO BE K+LLED TODAYll-3-20JS
KLUX KLAN H+++++++++++:+++++++-H-NOTTO +++++++++:++++++++++ FOR A BETTERAMERICA
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FiGHTHAClA.L PROFILEAND SLAVERVIN U.SA
RAClST.SIVlOTHERF'PKERS.¡,t++++:+SLAVERY·WITH
++++++I! l j! 11++:++++++++ I t Il HI++++++++++:++
90% OF PLANTATION-PRISON POPULATION
+++++++++++++++ ALL THEMEMBERSGOTTO
FROM+±++++±+++++:++++++++++++tl Ilt.1 ti II ¡·11
K+LlED TODAY +I-:+++++++++++H-++++++++++++++++++ SLAVES-
+++++++++++++ III till uu++++±++++++++PORA
MINORITIES +++:+++++++++++++++4,DO YOUR
BmER AMERICA THINGOBAMA
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7
APPENDIX~
July 2015Request for Exemption
Including All Exhibits and Attachments
APPLICATION REQUESTING AN EXEMP'nON FROM NYSJoint Comm¡Îssion on Public Ethics
SOURCE OF FUNDING DISCLOSURE Rl::QUIREMENTS 540 Broadway, Albany, NY 12207
518~408-3976/íeope@icop.e.ny.gov
çlientFUer .is.an l RC§501(çl{4)órgäni;?atron sèekLngan exemption from disclosing allSourcespursuanttö j.9 NYCRR.Pact
938.4(b}, which requlresasho~vingthat th~ClieÍ1tFi!er's i'pr1maryattjvities involvaareas of pub!iccotlcetn thåtcreate a
substantia! likelihOod tha1;disclo$urepf .., its5C1urCeS will cau~é harm, threatS, harassme.nt orrelJrlsals tötheSol,JfceS or
individqals or property.affiHated w!thtne(lQ·qrces/' . .¥
or
2. èlient Filer is seeking anexemptlonfora· Source¡.5qui'@s,or.dass of Sour<:espursuå,nt to.19 NYCRRPati; 938.4(ah which
requires ashoWlnghy fl¢learand cOIWindhg evldencë thatdisclosureoftheSoùrcé]or $ourcf:lslwill9<lUsea s~bstantläl
Jiket1hood ofharm, threat!!'1 harassment or reprisals to theSourceorl ndlvîduaÎs.or propertyafflll¡¡tf,lô. with the SourcéIór
.sourcesl·"~
AIlClieht Fi!ersm Listsubmit, with thf$formr1J letteraddre,ssedJo the Commissiön reqqestinganexernptlon and setting forth
in detaHwhv the.appliéable regulatory standard(19 NYC:RRPart 938.4(a)ór (b)}has been met. -
.AII informâtion ÎJI sl)pport.öf~he~)(emptron requestmustbesubmitt.ed together with thelêtter,
• The letter rnustáJsoconta¡bthefollowingslgne~declaratian: "Idedarethat the.lnformation contafned In thfs
applicCítion is true,correct, and tom piete to 'the best or my knowledge and pelief.."
October2013
__ ...~_~_~.~PLlÇ~ T!~N REQU ESTII~JG~ANg~EMPTIº.~.!J10J'!L__._~~._~_MYS JQ101Ç0Q1rn¡s~19nQ!l Publíç-ªbjcs :,
SOURCEOF FUNDING DISCLOSURERE.QUIREMENTS 540 Broadway, Albany, NY 12207 "
518-408-$976!jcope@Îcope.nv.gov
PursUant to. 19 NYCRRPart938.8,a requestfor confidential treatmentof Information may only be granted by the
Commission upon. a shoWing of parttcular circumstances, such aswhen the information wouldreveal an ongoing
Investigation by agôvernrnental body that has netbeen made pUblic, or information that,rf revealed/Would constItute an
unwartantEld invasion of personal privacy.
Please indicate if the Client Hier Is requesting, pursuant to 19 NYCRR Part 938.8, thät.sPEldflcinformationsuOmittedin
sU.pport of the exemption be treated as èOl1fidentliill. _~ __
Procedure for a Client Filer Reg uestlngConfidentlal Treatment of Certain Information.
l. In a separate letter, Indicate precisely what material is thesubleèt of the confidentiality request .and set forth,in
detaJl, whY$uch mç¡tertal is entitled to be trea.ted as c0l1f1dentíal pursuant to Part 938.8.
2. Provide two copies of the material for whlchconfidentlaJity Is requested.
li One copy óhh¡;materiaI must be Ih¡;¡1'\ul1-redgded form.
11 The se¿øndcopyorthem~ter¡al must Includéany proposed red¡l(.:tions. The. redacted Version a.f the materIal is
the version that/. should the CommissIOn grant the confidentfafity request, Wirr be made.publlcIy available
(together with the material for which n9 confldential treatment has been requested}.
Gé.rieráUy,. proposed redactions should only lncludepersonallnformatlorl which/becaUse of.a narne,nUmbet",
¡¡ymbol/. merkor qtherJdentifier,i;anbe used toldentffya Pers9n¡such an address,telephone number/birth
date ..or socIal securIty numher. IftheCl1ent FUer Is unable to submit a redacted version that adequately
pr.esèrvesthe requestecl tOI1f1dentlartty, proVide a detailed explanatIon setting forth the reasons why the
materÎa[in Its entiretyshøuld remaTnconfidentîaL
Impactara Grant or Oel11albv theCommlsslQIl ofaconfidentlaHt.y Reguest.
li Ifthe CommIssion grants the confidentiality request, the material thatJsthesubjectofthe rec¡uestwiItbe
considered by the Cömmf$slqt1 In artExecutîVe $t;sskm that Is close.d tóthepubIic. All other materíal/and the Cli€lnt
FUer/s application fQraheXempUon fro.m the source öffundlng disclosure.r.equlrements as awnole,will be made
pubUcly.~va.lfableand co.nsidered by the Co.mmlsstönln a PubUCSèsslon,
• If the Commission denleS'the .confldentialIty reque:st,~he Cirent FIler has two options. IndlcaíebfilIow whethe-rthe
Client Filet elects Option ÄotÖptlo.n!B (choose onlyrme):
!Al The m¡rterlal that .Isthe subject of theconffdehtiallW request thatwås rejected bythè CommIssIon wUI
remain confidentîaI and wUI.fl.Q.1 be considered bytheCommlsslor\. When evaluêltirig.tlieappllcaffón. for
exemptlöl1,
or
(aj The rnaterialthat Is the sUbjectofthe confidentlaJItyrequest that was rejected hy-the (;)ommIs:sion wHI bé
made pabliclyclvClHabh~, In an 1)f1-redacted and complete form lorwlth redactions made byth e Commission
În rts dÎscre.tioft), andwlIl be considered hy the Commission lnthe pubUc Session when evaluating the
appfication rar an exemption.
October talS
NYClU
NEWVÓ"t<.ClVIl VBERTíESUNION
125 Broad Street
New York, NY: 10004
212.607.3300
2t2.607.331S
wwW.nyëlti,Qrj .
.
Sêl1tbyeD1ail
JulYlS,
I)~al;.Ms,TagliafietrQ:,
ht ?ötoberof2013,the.'lroint GÖl1111lÎs~lo11
on Public, Etbic$ (JC\) PE) adoptedtegulªti(jhsthat
r~quire ºygânitmtio11sengagedin lobbying activitiestQproVide}CcrrE informatton.regàtdifig.
donors= inch1ê!.ingnatnesladgtesses, .ewplQyers,and&U1QllutS.é.Olltributed~who have donated
nrore tltan.$\QOÖtosllchorgallizatíQ11s?These~QW'ce orFundiílgR,egnlatiolJsptovjdethat
JCOrE\vQu1dtr).ªk~.ª\lc1:l.ififoU11a,tîQnp'ub1íºlya,vailable. .
Thet¢gula,tiø~slªsr~qtiitødhythestate'stobbyîng·käw,prôVídeorganizat1oùs{lne?t~mplion
fr()tti the source-Qf~fun~il;ig disclosure provÎsiöUS,>ul1detcertain·CircuIDstances.
We bring this request foran exemption from the disclosure teguirements in the Soul"ceo1f
Funding·RegulaHot1s.uí~del"Fal't93·~·;4 'or]:f'tCIUttritle 19~·which··.'S.t~testñattheeolnmissfórrë==·~
Hshallgtanta;n exe.mptiontodisø1ose aSoulioeofáContribttñOn~ iftheCHent Filer shows by
clear and convincing evidence that disçlas¡;íre.orthe Sourcewillcauseafmbstantiallilçelihoödof
harm? tru'eats,.harassment or reprisals. to fheSource otindivid11als orptopertyaffiliated with the
Source.,,4
This acotlonor the regulation alsQstates fhat the Commission J'shallgrantån ex.emptionto
düselose all Sources of ContributionS to a QUent Filer; ff (iJ the Client Filer has exerr.tptsfatLla
ttnder lR.C.§501(c)(4); and (ii) the Clü~htFíler shows that its prirnaryactivities ínvolveaœas öf
publicco11í,1erntnatèreatea. imbsttutHalIikeIiho.od that disclosure of its Source(s) will cause
barm, threats, harass.mentorrepdsalsto thé}$ourçe(s) or individuals pr pto.pe1iyaffiliated with
the SOl;lrce(s),~,5 .
419'NYCRR938.4(a).
NYCRR 938.4(bj.
!>N.Y. Leg. Law I-a, et seq.
7 See Leg. Law § H(4).
a Buckley 'Il. Valeo, 424 U.S. 1, S8 (1976).
2
Having stated this abje?~Orh we,seL out herÇ}inth~ íecqtdandl'eäSQningtnatdel'nOtlstrate,the
NYCLU should he granted an exemption fromthe.:reporling requirern¡;,nfsinthe: 'SOUl'C~ö/f
Funding Regulations, .' ,
:Follpwi11gªdoptionQfth¢SQtlrceo£FttÏldÍ1tgRegtlläHQi1s~Îl109tOQ~1'of2öJ3~theNYCLUfi1ed
with JCOPEallappHcatiön forrul{;}xenlPtionft0m.th{;}do!lùr-.disdosuteprovisionsmthe
regulation. That filingiucludedëxtensive.dQcuITlentatiollöfhatassmentdirectedafNYOLU
emploYees,membets çmdvQlunt~ers,asac(}nseq~enê{;}Qftheirassociatiónwiththe NYOLU,
lndiyiduals as~ociating with theNYCL1J h.~vepeell stalJ(edat th~irhorneSflndtbreatenedyvitl~
physi¢al h~;. tlWÎ!proVerty has been Yah~~izëq.{Seë lJecember3,2013 Exemption Request,.
attaöhëclasEXhibit C.) ThishElS .occurrednotonly tôihoseassQçülted with the NYCLU, lmt 'IDSQ
t.o AQLU mem.bers and etrlployees~hiougho'Utthe country. .
• An NYCLU staffmernber who responds to telephone cålls at the offIce has received a
fltUfiberofdeath threats and threats of'phystcal asSa.ult wmleatwork. Qnsevêral
eeeesions.eallers threatened that they would œme to the.NYCLUoffiêes and attack the
staffmembetWhen he left the office building.
ÍlA tñândre.$sed. inablaök robe would l'egulady appearatthe offices. of the NYCLU :and
ACLU in lower Manhattan. The man would march outside the building-waving signs that
dtmou.ncedfhe organizations' sta.ffmembers as "clogs" and ~¡JE:WSPH<;?alsomaintairted a
web .sitethat charged the organizations we~eparties. toa Jewish conspiracy,
"ACLU staff members have been listed fu tl;le t¡Nu:t;el'ub1l1:gFiles" 'webstt~J wbich vilifies
reproductive advocates and healthc&reprotêssionaiL Dr. Barnett Slepia:l1}!it Bnffalo
'physicial'l" Mentifiedon thí:1websIte; he wasmurderedbyanal1ti~åbQrtiönzealot.
4
• Ahigh-tilnkitLg official withllieAGLtJ's åffili~t@in' tOWÇl{ec{Hv¢datbreat~nitlglett¢r
~ftercQmmentitLg in anewspap~r onan. ACLU report that addre$sed facial' displlr±ties'in
marijuána arrests, The letterst~te4~ "Get yournastyassoutQf Iowa hy Jul.yl&tórend tlp
likethaJP-arkîelrtSanfQr9~F1dcida).t:hát is déàdas last we~ksfo.tk and roll hit.l!
1.1u¡nberof ÏAcideIits1ÇiflÇl
d\lfatiou öfpastprpresent harm., and (iii) Apattetnoftl1feats or
.mabifestát1oriSöfpublich(jstility, 12:çIea.ªªed that~ .
AlFtÎ1teeof these,however~mcll1de evidençe öfhánnfiöt only to.otagainstthe'S{)uroel;
i.e.~thedohÓX, btltalso,·wo1:epr9~41y. to. or ¡l.gaiñst tlle'ÇJiël1t Filer,' Le.,;lhe App~l1ªnt
Moreover; ÍIlthe thirdcategory~pattern of.tltteats. pr ffianifestationof public hostility; Is
furtherbroadenedto inêlud~ as the targets .'individuals Óf propetty affiliated with the
Soutce(s)otC1i~nt Filet. '(Emphasisinthe øriginall~ . .
The fOl'egoing analysis demonstrates that ñnaneíal contributors tofueNYGLU face a substantial
likelihood orhann if J COPE were to malœ public their personal information. And far this
reasan, the NYCLüshQuld be granted ail exemption £1'01)4 the Source a.f Fl~ndtng Regulations.
The NYCLU requests an exeruptlollOf three years from the disclosure requjrementsin the
Source ·ofFUnding Regulations
The NYCLU has provid.ed an extenSlverecord of harassment,. iucludíng threats and acts of
violence~ directeclat NYCLlJ staff and mem.bers ina ñfteeïl-year period. The record
demonstrates that the NYGLlJ :meets the standard feren exemption from the reporting p.rovisions
in the Source of Fuudíng Regulations. 'the record also dem011strates that the evidence on whíeh
theapplièàtion is based is not urtiqûe, unusual or situational; threatorreprisalagainst the
NYeUJ, and against its clients,. members and pröpetty~ ís a routine and recurring lihenomenon,
For this reason, we request. that the Co111tIlfssiongrant tofhe NYCLU,and to organízetlons
similarly situated, an exemp.tion. for three years from. theprovisio.t1s in the Source ofFurtding
Regulatío.ns.
r declare that the inform.ation cOlltç¡ineq.inthis npplicíttion is troe,ootrect, and complete t.D the
nest of m.y knowledge and beUef,
DOMa Lieberman
Executive Director
Robert Pen'y
Legislative Director
ExhibitA:
July 11~2014DecisionofJlldiçjallI~aring()fficerGeoxgeC.Pratt
Granting the New YørkCivil Liberti~sUnlon.an Exemption front
Source of Funding Dísclosure Requirements
NEW YORK STATE
JOINT COMMISSION ON PUBLIC ETHICS
In the M~~E!L~HbE!,£\ppealof
NEW YORK CIVIL UBERTIES UNION
Before:
George C.Pratt
Judicial Hearing Officer
DECISION
CommIssIon's Source 'of Funding Reporting RequIrements. The appeal was taken
under Part 9SS.6 of the Comrni$sroh's Bourceaf F,ufîding Regu!atlons and Was
BACKGROUND
Appellant Îsthe New York Stateafflnateofthe American CivIl UbertíesUnlon.
Its mIssion 1$ to defend and promQtethe fundamental pti neipies and varues embodied In
the SlU ofRlgbt$¡ the U.S.Constitution.and the New York Constitution, Including
1
Uflçerthe @'m;¡nded reJ1ulatior'lSAppøJlant,Eisal1organrz¡¡ttiol1 that engagés in
now.uf14år ÓOfl$ld~rªllon.
ïheApfllio~tidn.
Ap~enantappHE;ldtó Ib~ C6rnrnlssiononDe.cel11ber31. 2013,'forane.~él11pt¡ón
TObeentitlE3qtqanexeJt\ptlpI1 ÅppeUant
I Was teql.liredtoshowto the,
Oommisslol1by"clearand corWincing ~VidéJ1Célhaldisclôsuréöf thé $óurCewillcause
cOnstitutional law and public policyll (App. at2), and Appellant reserved Its rlghUo
chaHengethe rev!sedstandardon appeal, but that issue need not be.addressed In this
The EVidence ..
of retaliatory animus: toward the NYCLU [that] Is Inherent to the advocacy the
organization pursues. {App.at
II
6)
3
t Al1oppôalnggr6Uppùpllcry. annoí.lIîced~ffortsto target:a hig'h"ëlevel·official
offlo.~s,incIL,ld¡ng..~.;cross~burnln~ threätsofdeathandphysicª(
I' assault;
picket¡ng~f o.ffi¢esan(jhömes~()n~ picket waived a signdenouooJng "thé
W~~mUrderedih198S,
4
• A judge's200B ruHng In Oolcrado basedon threatening and harassIng
retaliation and harassment directed at fhe clients ofthe tax preparer Was
Images of afire. With the video was a message that saId Inpart," .. I
Whenyou play wlfh firelyoll Will get burnecL~ '.. So be prepared to ds.fend
yourselves .for the actions you take. You can neve.rsay that you were
never wamed. lI
båses for the denIal of the appUcation'\ butafter two paragraphs describIng the statutory
Th Q, A.p.peal..
ApPE3I1ant'aappealfrqrn. the CQmmi~slol'l'sdenlal 1§,df:ltedApril 24,2014._ The
DISCLJSSI.QN
AäJhdi,catêa.bY,<lh$,foregaÎ,09¡·.thetaskofthê.JUd¡clª¡HeçlrrI1S'Öfficer,QnthJ~
6.
entire evidence is left with the definite and ñrm conviction that a mistake has been
committed." Uniled States v. United States Gypsum Co., 333 U,S.364! 395 (1948),
opposing papera were sUbmltled, theörlly "evidence in the record" is what WSslncluded
(App.at. 7). Of course!sU of the Appellant's evidence Was hearsay, but the rules of
evidence do not .apply in thIs type ·of proceeding! ånd there has been nochaHenge to
evidence of actual harm, etc. to Us dOr\ors, Beoause donors'ldentJties had not been
7
T¡'~regulations'ihôWèveri,prøvldøguidanceforpr]d9Jng thisapparenlgap., jhey
list five types of .evidence fnat. the COmmT§$lon Isjo~onsi~E!rwh§lfldetermihinQWnethfit
therequlredshqWingbfhêrmrß~ç~.liadbeª1í mJ:l¿I~,The:flrstthréeªJe;
AppeUant.MoreO\lE!r,.the~h¡rdçate.gory.pªtternQfthteªtsormánifestaliot'1$ôfPUbHc
" . _."_. o"· -_. , •
evidence In the record shows thai there was lIasubstantiallikelihoodof harm, threats,
Application ttdid not present sufficient evldënœ" and that lithe evIdence presented was
;: t~··.'fL
.lYLx:..
¿''yJzL,>( .)",( ti· .
20.14 /(jeørg\'(G..pratt
JI.JCJicia·' HéariKg.Off.ider
10
ExhibitB:
April24, 2014 Letter from the New York Civil Liberties Union
NeW ,(ÖRKPIVIl.lla sHTI£SUf'HO N
AP1'U241
RobCoheJi
Special COUrl,sel8cDirectöto£EthiqsflnclLobbying COlnpnal1,ó~
New Y:orlc$ta-te ¡alpt CQtPl'llission ou Pllb1îç E.thiós
540·Broaclway .
Albmly) N.Y.12201
:tvir,GQlwn:
TheNew YÇ>rkGivl1 ÎAbediestJniQ~l X"NYCLU")writëstÓàppeal thedecisiQubytheJoÎl);t
00m111i3Sion Ol1P\ibUcEthics(HJ COPElIor '¡theCOlUl111Ssi011h) to deny theNYCUJ's.appliqá\tíQp
fOí'áuëxe~1tPtiQl1 frolllJCQPE's Soutée Qf Fl1lldil1gRepQrtio.gRequire~lents~ Föl111dëd in 1951}
the}JYCLUis ~ not ..fo~"pr()ñt, nonpartis~notganrzatiol1 with eight chaptersaudappro:úll1~üely
50.,000 l1wmbers .acrQss N eW¥Qrk Stat~. 'l'he NY CLU'smissiofl is todefeild arrdpt2mQte the
fundamental principles and values eluÙodiëdlnthe.Bflr of Rights, the US.COl1stitutiOl1,ålld.the
New York Constifutioil,ino1uÔingfreego1l1of spèechal1d l'ellgiort~the rightto pdvaèy, and
equali tyand due proO.ess of1aw fora!! New ¥orlcers ..Members of the' NYCLtJ~taffare tegistét'ed
löbbyistspurS\lant to NewYork' sLo11byAdalldthè mOLD reports to rCaPE ...uJobbyh¡.g
l'c1lent;l,2 ThëN¥OLUis teqüired tosubtUitB.e1l1hal1l1uallobbyingrep0l1s to .JCOPE .twlce
álliluallY,ollJal1\,l.a(y 15allc1 July 15 eaCh.yeár.p TheNYCLD also filesbi~niOl1thly lobbying
l'ePQ.rtsto JCOPEcsiKtiuwsª, year, .
h12ö13;JÇOPE prömu1gatedaregt11,attól} teql.1iring. organizations 'töreportinfofmattol1fegarcting
their frnauëial·donol's, ·ill0hldulgpersonal iUlopnatiol1 abgut mdividual· donors. The NYCLU
submitted .sevél'alapplièatiolls f()rru1ex.~1TIptiOilfrol11rOOPE's •.SourceofFundingdisplosure
tetj.tütements,4 TheNYCLUwa~notifieG1 i11writingoll Apri14,. .2014,that its aJ,1plicaflQnfQ~'al1
eo:el'nptipg had been. rej Gctedbyth~0ó1U1JJ.t8~kt),,~
A. Background
New York's Lehby Abt reqüil'es otganizatiot1S sl~bJeétto tt1gtllatrO~lby reOPE to report
h1.fo¡l1JÆLtiol'). Oll who 0ontr.ibute1:1.1Öl'e.than $5,000 to snch'orgal1izatiQl1:s (regardle.ss of
whøUler the fuuds aotually'qsed fôrlobbYlng) ifthe o1'ganlzatfon has made lobbying
expenditures that exceed a cextELlntbreshold an101,1i1t.5 JCOPEhas promulgated asedesof"Source
ofF'U11ding" regulations, ptu·sua.nt to this statutory reqUtl'emellt.6 While the Lobby Act requites
oi'gålùzatiOllS to report the llames of Single S.outcedoi1ol's (organizations or individuals who have
contributed 111öte than $S,000 tö the· órgå.i!.ita1:Lö~1),7 JCOPW s regulations requite filing è11tities 'to
sl,lpply additional petsönallnfor.i11atloll about supporters - includ1tlgbusil1ess addresses
and dates. of oontrIbutions, 8
On January 9~2013" JCQPE issued a Notice of Emergeilcy Adoption and Revised Rl.ùe Malting
regarding the new Source or Ftmding reporting req1.l1:rements. The propoßed regulations went into
effect immediately issued,six days before the J aitnaty 1:5fi1ingdeadliue. Consistent with the
stahtte, the tèglilatiollS pe1'l11.itteda 501(0)(4) orgamzation to
1,.U1de1'lyi~1g an exe111ptiollTI:01U
reportil1g donors' personal information if tlle organization showed that Hs "primaryaotivities
involve areas ofpub1iè COl1çer~l that éteate.e. ~r,tb.stäntiállike#hóod" that complying with the
reportlng requirements (wi11 cause harm) tl11'eats,harassment or reprisals tö theSirtgle Source(s) ot
Ç
individuals 01' propetiy affiliated with the Single SOlll'Oe(s):,,9 mOLU submitted COl1:uneints
that raised Et fitl1nbet of cOllstitt~t!ol1al 00110e1'.:18 with the Sing1e Sautere bisclosute re:gulatiOl1s Q11
February 8)2.013. The NYCLUis comments are included as Exhibit o.
Thy NYCLUwas next QQl'ltacted by JCOPE 0l1'NQVel\lhet:27,2013 anç1 info:tlltëd thatits reqilèS;t
to redact names alld petsol1ál infommtionsubmitted 111support onts èxemptiQllappllcation had
byen reJected by theCÖlninission.The NYCLUWas required tore-SJJb11lJt itsäpp1icatioüwithiti
rOllf business days, Íllèludi11g the Thün1csgi vUig l1Qlidªy~this thp.è,Witlla llGlWcov~rsheet creàteçt
by JCOPE,and with the ul1derstalld:tng thata11:Y111fitedals sübmittec1 in, support of !h~NYCLU,' s
appllcatlönwould be li1ade publicly available, The NYCLU submitted itsrevisedapplicafion on
10 Se~Joint C011ii1ïi&SÎon' ilRévisions to the SQurc¢ ofEJlP,di~lg R\'lgul~tions and Rl')port\lbl~ Busi11ess
R\lhtti011ship D~sclosül'e GuideliIiès (M,ay2013), aw.t¡Z4bl~Ltt ' . '. .. ..
wwwijçöpe,ny,göv/pJ.lbsfèblas~'May%2020130/020RB.R%20%40S0F%2ÖEBLAST%2ÖBtNAL.péÍf.
II 19M. ViC.RiR. 938A(b) (Apl'il30íZÚ 13), With this apWIlôlTIènt tgthe staúdard for gr<\l1tmgtU\exèlTIption
l'rQ1llthe l'equir(jlhènt to disclose donor informa,tioll, the Cöúlmissióü adopted the stal1dátdprescrlbedby t1\étJ.S.
SllpreJùeCom"t. Bee e.g.,ctttzens Un-iteçl v.F(:{J..ElecllónCornm'n, 558 U.S.310,3ó7 (2010) (<ias-applied¿hal1enges
l.
[ate] available if a group coùld'show a, reasol1able p¡'Q&åbility that disclosure of its cöutribUtOl'S' ¡laineS wi11su¡'ject
them tothreats¡harassm.eh\, orrePtisals fron:~ either Goveuul1ellt officiaIs pl: prlVí:tte partie.s"; (iuter11al quóíad1,lh
mades otnitted)
12 '.'
(qllotlngBl,lCkley
.'
v. .'.Và1e.o,
.. .
424. U.S.l,
. .'.
74 (1976)).
.
19 N.Y,C.R.R.938,4(b) (Apd130,20 13).
!~l'ropósedAtne.ndedSoutce of FUllçling R~gulationsNow inEffect (Qct.20 13e~blÇlst), ctyallqblé at
www.jcop4e.~y,gOY/pubHc/2013/eblastSOFreVis~d.pdf. . .
19 NX.C,R.R. 938.4(b) (Oct. 23, 2Q1'3),
15
19 N.Y.C.R.R. 9~.ß.8(Oct. 23,2013).
.3
December 3.>2013 CQPy of this verslo:11of the NYCLU's application, whIch is th¡;}version
c011sidered by JGOPE, is attached as Exhibit. A.
On Jà11uary .Z8J 2014, theCOlnrnissioll voted tö deny the NYCLI}ls aJ?plicatiol1 Îoran exel11ptiøll
from tlw Source oí Funôillgdisólosure requ.irements. Oli April 4,. 2Q14}tlle NYCLU têcelvëd :a
written denial oftts!îPpUcatiolt.. ACQPy ofthë denial isa:ttáche(lasE~hibií B.
This record further del1l011strates there a "s:Llbstantiat lücelihood,j that if the identities of those
who final1cialIy support theNYCLUls work were disclosed, they would face similar treatment
The Comniisslon's rejection of the NYCLU's appliCàtion àn ex.ènlptiol1 frOlu the SÓtll'Ce of
Funding disclosurë l'uIes is based '!-1pOll a pël'functóry aud OOlldlusol'yassert10il that the evidence
pJ:esl?l1tedby the meLD h'l,support Qfits application was Htoo remote and speculative t9 establish
a sub$Juntiallikeli11oocl t:rfharl11.~~l9111
support pf its conclusion, COl1l1nÍssiol\ ofrered.llo
of the legal standard as applied to the facts. And for these reasons the C011l1'nission's
nùin,g l'egarding the NYCLU's app1iöatiöll is i:mdU11stlpportable,
6
i NYCLUÇhaptel' Offices ar01.!u<ithEl$tafe .ami theNYCLU tnainoffice ín Manllattail have
,recèivedhol'nb EUldc1eaththreats. .
,NMCLD. staf'ftnel'lib¢tshave beeil forced to remove thèir' names ftoln their tilailböxøSàl1d
reglJest.temovaL frômthephpue booktoávoid harassment at their homes, .
zs SëeÚhibitAat3~lQ.
26 ÔBe,generc¡lly, Videoot the Jati,28; 2014 CQin1111ssiOhMfletina (avai1abletlt ..'.~
wwW,'fcöpe,ny.gov/public/webcast/20140128 JCOPE .wmv); Video of the F6h. 18,2'014 COu1I1Jl$$lonMeetI11g
(avçiilabl.e afhttp.'IIWrl,iV,l.lcåpe,ny.gov!publiclwebéastI20140218 ·JCOPE.wlnv).
21See, Video örthe Jan. 28. 2ó14 Commission Meeting ~avctilable at
www.jcopè.ny.gov/pl1blic/webcast/20140128_rCOPE.wmv}. ..
7
l1l1,.1ltiple requests by C0111l11isSl0Xlers that there be pllblic statements about the merits of the
appHcatiollS for exemptions, there was 110further disoussioll.28
In their diSse1it to the N);''CLU' s denia], ComrníesíonersCasteílero, Jacob, and Judge Roth,
···ÓhSêl'VèdthaI "tl1etêWas tö llleållif1gful dIs Cuss1:öIrbYfue C0I1UtiLsSl011·bf t1ié"evîde11èe Pj'ctffeted
by the applicants" al1Clfhat the Majority "ignored a dissenter1g request to consider the threatsand
aots.ofhostility directed at the officers,einployeeSJ Vol1111teers and affiliafesofthe àpplicanfs in
ctetel'mlning whether the tequired demönstretton of substantial Hkelihcæd ofhal'111 had beel1111et.'129
D. Conclusion
lit support oHts request fOl'an eXè111pHon fi'0111the díscíosnæprevisiens in the Source of Funding
regulation, the NYCLUsubmitted. to JCOP.Ea substantial factual record. The recordilldicated
there is Él sübstantia11ikelihoöd that NYCLU d0110rs WOllld be subjected to hah11, threats and
harassment ifinfol111Ættionlclelttifying them were made pl:~blicby the State,
In the interest oÎprotect111g the NYCLU's f111ancialsupporters from threats and l1arass:mellt¡ the
NYOLU respectft:¡l1y requests that the decision to deny its exemption from the Sourqe ofFulldil1g
dísclosurerequitements is reversed.
æv4t~
Arthul' Eis.ellbet'g
L.egal Director
Donna Liebertl1all
Executive Díreetor
RobQ1'CPerry
Legislatiye Direotor
8
Exhibit
E'4\tt\Jt\VeJ DittvUw'
'rßlepnone Number~ L'l,\J,) .~.O"'["'ß3> on
I'\W\JI!O'~; ylS ßtO·"a,Jl1"tf 1'1
Nt\N"(~r~I N"( .\'ti (}O~
E"Manl\dclt~ss; \T\f~ S1¡\'i ch.l ,t;¡Y'5
t. çJl(lrJ~ FUarl.s an IRC§5.01{s:}(4) org¡¡(1I'4<ltlqn.~¢ßktng ß.neXl1lnwtiQI1 føo.ffidlsf,!ç)$lng ~n$ourCíl$ pursU'lnt,to .1$;l.N¥Cf\l\ Pa:rt
'93'8..4(1:»,which reqUires, a showing tna.ttha Clle,ntt~¡i(~rl!."~r¡marya¡ctivltle,5. \J1volv~ areas of p!:lhIlc: concern th<lt
Il ,gu~st~HitlaI Hkelí,hoQd that cllsçlo~'~rre.üSoLÏre(\is \N'HIC&'Hlsa han'tll thnl:~lt$, !tätasShlent 'QI'
n'!pr!$al~ to the Smrr¡;éS orhiélivldUälsê)1,property' åfffHatodwlth thë SOL¡rc.~~.II,_,~ __
2, notan If\C§501(~)(41·organitatlonand III seeldng an .I,lxemptl'ort toril SOlwce, SQUrCIlS,'orr,Jass So~rl'~es or
NYèRR pilft.9ªa,4Î<r)¡ wblCh 'f~quiré$ashQwiflg~y1fc.têár convtñc!n(tevldIll11t;1\) thät~t$cfQ¡;trreQr the
[or 5\'ilrrcMj wfIJ câuseå'.slibsttlntlallikelihoôdùf hllr111Ifhr~~!:s¡ . toprlsQIstG the Soun;eor
lndl\lrcl~f¡j!s or propi¡rtyaffln~tèd wltn tITé Sóurta tor S<lUrces]/1 ._.~._.. _.•
All CHènE.rITer§must submit, wltnt/?js rothl/a letté.!' addi'èsSêa to thé Coml%1l¡¡slon t~.q!Jestingaf\eX~mpt¡çmål1d llettÎrrgförth
ln detiül wh y thé ap¡:llicablø. re¡¡UI¡¡to:W$tctncf¡¡rdt~ti NYCRftPuft. 9SB ..4(ajor (bH haso è~n, met.
fnsvpport oCtheekenîrJU¡).n !;ogethlilr·wl.tf1 thí'llœttøv,
-''''0''''''''''',,,,, ~""., .. , '4·"'''''''~r'"jï\'l}'I~~l\ër
mÎ1!¡eâls6"éo'ñ'fï!1111:rte:TQrlôlÑiñrnfg1îêä'çtë'ër¡t¡'atlëim""['tfeclär'f¡"~l'l"!l:rt'I'i"ltti1J'öl'ñ!fâ'ttfflftJôñ'rIHlléêl; lï~¡I~lir-"'~
,,,,'o ... ,.
POLJll,iJ. I.;i¢b~l'ln~l'rr
Exeöçüiv QPuec:tot
'NeWY ()\·kel vil· Lib¢rtrèsUnLqL'l.
NYClU~~~~~{"\OQØ~
...",... , ••
NgWYORKCIVIL Ll8EßrlES UNION
- ¡' 2. t 2...607·.:&3 1ú
l º
www,nYéhl.,Ql'g
§ellt by omail
Rob;;l'l't Gollen
Spedal CQunsel Director of Ethic's and Lobbytng Complhlnte
New .... PubUg rrltegrrty
'\,fIUHkI
'540 J3ma¿lway
New YOl'k t2207
Dqat'Mr. Cohem:
""",,-",,,,,.,,,,.,,_w""''"Îrt'";~~l~~~ffi~gti~{;';;~~~~i;'t¡o";1"'fi:ö;;·iiië'"~ö.i;~ë~:';;f:f~t;lIffï;i;'d¡scl;~ft;pr6·;¡~iÖ~S';·\*~''.""~.t~1ie"'
..,.". '···'' ' ' '·' ' '-"'··
""¡" •."""'"",-,
o~.iect¡ÖIl tc)thé rlLttenåedscellldttl:cl hY' 'which the COn:l1111s.$lo1'\ wlIl ê1\:Îtet1'nlnøeHglbnltyt~xl' StIch
fUl,öxemptÎolî .. TheSupl'cl11e CQl:u't has lqt1gheldth~ltthe~PlOJ'opdate stand~\rí.1r()r~xemptíl1;g
ol'gatl1.1zt'1.tlons· fl'øm theteqtlÎl'$t11e11t to ptlbUclyd¡,$'dlo~e inrOl'fnijt10!1 f'cgal'dit~g theÎ1' Jin¿\l1é.ial
BV~l1%\cw:s,Ol'y revíewof news, reports wlH confient that tbea:fol'el1'1el1tioned issues onen generate
fiyj'ce~al1d Yiokmè¡. cOntroversy, ,S1.lohçØlltrOYerªylsdrivellbydeel~lr h~ld opinions ~l'ld lnWel1se
emothms,. whiel'¡·often lead to ovettMts of høstÙ.itya.rldaggl'esslói1 towatds ..tbe mC'LU
ataff,
'(1 In 1999, fi[ ecl~t lawsuit iOI1\J~l]aLfof "¡l group ttf1:Uhùed wíth the
'Klan, an. ()rg~~l1¡za'n~);¡lwidelyknown, rOI' hostílityêfil'ècted ätè~l'taín 111îllorilygrot~rs,
111e ~tljt chulhmged a.sthlte .taw bîll1l11ing XtlOl'e .thtmt\~ç) 111divtchlt\ls weal'lllg masks. 1\'0111
>c0l1gl'egat!1'!5 tnfjtlblie, Th~NYCLUç\rg1J~dth{i\t the 9î'çlintmoeviQ L~tedFikst Áln~udmt-JJlt·
l'\ghtsQtexpressiö:n ·âUC[àSSQcltl.tiçnl, [ndtvid~l21ls.~lnd posed to the1?Jafntiffs
:ideoIQg)fbe¡$éll1 PI'otr¡¡.stlngcne'NYCLTJ for Its dec tø ¡f'J;i~¡¡.tè tl1f,t \läse ..
3
C)tgÈudzaHonø.nd.tn cases, off~l'tng pl'ayel'sforthedemfseofth~ ol'gç1nL~aÜQl1~
some
whioh is typtèanyc.hanwtort~eda.g.Qo(Hess OJ: s~tal.ltè. TMs oftlclEd waS Hkow¡s,~ the I
reçipj~mtnf hósti1éand belligÇ)l"e)tltc~lJnœun¡cåtion~M .~res\lltófthèqJgªnizati 011't{
suppenifor the~stabUshmentQfa nëW111ösqtte l1éadhe formet' site of the World 1'te1tfe
Genbn' .
l
.,. On'~ PªHyh~sisrthe N¥CLt.J'ss~Velll:egionaloffiê¢.s·ªcrosstheSterte. åre~ng;ägeln
advOC~tcy .011bè}:¡a1fQf minority groups, and represent peùpl~ expl'essÎí1g'tmpaptllat
l~osition1)within theb' cQmmll1üties. Thé NYCVtfcl11ployeeswl1o sí¡Lfftheseo'fGces1 JIS
well.ås local NYÇU) me.1'nb~rslh&Y~Mtivelyéng~geç! in et'J'ùrt$ Jopl'oli1C)l~ ,th~ tightsôr
reUgiöllSmíl1drhygl'ollpsjÎnQluctïng Muslim COUlI11Ullities. ill thC(wakeoftheSeptçl11beJ'
U
l1 \¡tttack's; the rights ofCm'l.1.I11tmltiesof color inpredbllJimmtlyw-hfee pø l'tiQ!1søf \.lpstat~~
al.1dJ.!e.lltrªlNçwYQrk~ and the freedoI11$()fexpl'~$siQn. and àsscelation of'gaya¡1Ç1
Û'ål1sgentlcl' feêna.gers. .
-·,··,··
..·~....
··_···,-~
....
·_~,·--~f~i~~~~6~W¡~1¿~·~~~;,~~~~::~n~c:~~~~~f.i·E~'1.~~~~_~~~t
..:~~,~:.::~E~~,~_""~,_,.,._._"."~
.."""".,.,",..
j
tWlitige" th~L,h1ç hldes'nl?iëhll'óúfNY CL,rJ J ~gafdÍl¡ºctol' AltEisen bël'~ Ill1cl\lllln tetviewIn wn iobB rolhèl' N¡¡thflllilêl
clísgosse:¡ hisprotestofthe NYCLU anti AC1!U,¡S\ivn¡hibleathttg:ilwww!reàlrèWlÍ(íWg.coln17p~ 18. .j\,çöllagøwith.<I
pict~m: ofACLtJINYc:LUc!ièncEdie Wínçjsol'und AGLUlegatdir~<:tc\l"steveI1Sh¡¡p'iro 1S'¡jvªn¡Jb(Çlñt '
htt\):llwww.l·~n[JewnéWS;C0íí1I?}Y;1¿'i,
I} $tlc/i.f'iJ)rv. Valllo,¡¡24 U.S, 1,54(1,9'1qJ.
<5
Tt11'eviewil1g thîs reCJJl,est fO!'EtlleX~l11ption froxn the dfsclosurepl'ù'Y'l-skl11sof tL!eSO'l1l:'ceof
funding regttlntf.ÔJ1, the NYCLU lJl'ges the 111el11b~rsQ'f thr¿COll1n.üssløn on Public EthIcs to
êonsi'élel' the underlying ra.tionale th¡¡:t infQrms the N t¡W Yo¡'k State Legislature IS and tlll1: Supl'em,e
Cot!l~t';sadop~lon,ctfnlrØ~~U'l([stamdat'cTs,that £lP0teet oi·ganiZfl:t10ns.etlgage.cl in~pl'öl11ot:tngcivll
light,:! and cIvil liberties from disclo¡¡lng infQrmatiol1a:botlt donors and SiJpportó[·.s,
Ro~ertPérry
Leg.islative Director
Alihul' Eisenberg
I
J.)ê(j¢mh~1'3,,.20 13
'Th~ NYCL1J is thQNew Yøl'k p;ftlJiflte.(¡i'tI'lèAn:lericäh Givn £iliertles Unid¡'l. Ihere ill ÆÜï
/-\Ct.tJ aftlli!;\teh1. eYe.tystat~h, ai1d,lnBuel'tö .Ri(¡ó,Théi\,CtM äffiliate'S· pUl'SlJCäC0l11mön
mfsstOtl-~ u.pholding individ q al rtghr~andIlbèL'ne~;, .1701:tbatr~ason thcstffffo f the A C'L1f~s state
nf±Hit1t~$'report Sll'nilal'experiences t~gal~dil1gth!'eaJs~mcl reprIsal that fa n ow from thi s·typm ø!'
oclvQQ.acy•. ln'this sens(jiH~n, ACL,Uaff¡liátesarl:)sit1111~lrlyshtlat~d,
t~lwyel's
of their l'ecof·ds.,. 22prtor to thí~ :mit1g of the lawsuit., ACCU
oPPois.ition.to th~Weld CQttnt)fp(;îUCe~1c\ions, ACLU tmd
I
l
pcople. lI, tbe t1t!gat¡on~e~ceIve.da 11.l,~Ll'l.betof thl'e.atel1lng and har!:1ssing t
COll'lll1tlX1ICätiQllS arcsuJ t oftheh' JY(.tbHccÖ1l1111eITtSè\Pout thepoll.c.eJfQ'l' I
ex,anl111e, on Nøvcl'nbcl'15, 2008') the l1Lalnti I:lfreoelved .ßpb.cme l1'l~SSê\ge,¡'Wf~tch yOlll'
step ladyIHA11ö,th(;)('pho1'le 111\~$SaRfe; ~Ifew tla,y'S later stØl.'ted~'IYp1Itfe .tI. crí.minølGö
tnMexico l,vith >,oi.t1:pe(i;ple,.r, •.. j í help!;}like heck. tilfilt tb~y t1U1 your butt. b~\ck
b.ord~T.,I o:al'clfYDu're all Arne-deal1 cÍi;[7.;en l'aL! 11eed tog()bMk.
they1recom:'111g from,n Tbe ACLtJ r.eceived. shnfral' messages; ~¡'¡i'well, incI~fdíngthtscmall
Q11.Jal1 u¢u'Y H,¡t-Om" UH~y Itehu'ds! r,.,..] Y.oU peopI~ 'I1~ed to !11oveaWLty¡ solt1ewhel'ê
very :fal'aw~'lYI' Hkr;; deep ültO Me}{i9Q ".Kis,s .off, Jl,.hQles·!;;'the Judge il~.thiscas¡¡¡I'tlll;ld .
.otlb,~J.ªK,..~...._.".,~"',.,,,.,,,
....,.,',.,...."",.,,,J}:Q,Q11bß(}_~11ç1!Jlmtt1'l~t\mLQf·l~tª1I~}lQ,~",£l11ª.11~1'~~~1,~,¡~'"¡;J.ix,~~t~9jltlh.~~Ql.Îe.nts ....,";.,¡¡.
pl'epamtiol1 b\lSiness Was so .gl'e~ttthat they cötildI)l'OC,eed in the Htlgatic)l1 ·as ~\nQl1yn1QLiS :
~\Tohn Doell phllxl,tŒ's,¡
I
\
3,1)
¡li
NW'emhnl'gFlfes, 1ml):1l~~ç~tlílJ.1,gJ1lillx,tw.11'tJLat'
Jllcllrn«d Pm'(?l'lIhc}odv,
,ltttl1l.
'.ZL'Ol\'(91hCk.4002), ¡
, tJ lI1R¡¡$I;ICll'é'h alAnTe¡Na .' .. .GIf, sunlmm'y'llldnlillgS!\Va!Jab¡~t\tlltwtlhlt:~II~ l
co,ól·¡¡1çnselre,s~¡l!'oh"alll!jH\lS.t!'M~Ii\tlÇlp"ßI11.f"t'a~1~l'yíç~,
lI
,
-if '•I.n rCiSPQn\~e toaqvoQacy promoting 'LO J$"f'righfs,theACL tJofOkl'al1ømaWâsscrftn,
h Qstil(;ll1'Rl~lGvideo tñá~In te.rc,tltpI ctW(;S Ohmti Yi* wi th '1magesp fa fire. 2~ '..The vid yn
was çielívf;r~dwitha"Iw~§~mg~;
'IIl1Watèhíqg the l1nldo ¡:th~.Jsöí1giY¡d~Q.l.l~íd~J$t¡U1.dth~t
...•
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