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Center for Constitutional Rights

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Center for Constitutional Rights
FoundedJuly 1966 by Arthur Kinoy, William Kunstler, Ben Smith and Morton Stavis
TypeNon-profit
Location
  • New York City, New York, US
ServicesAdvocacy, litigation, public education
Key people
  • Vincent Warren, Executive Director
  • Baher Azmy, Legal Director
  • Nadia Ben-Youssef, Advocacy Director
  • Sunyata Altenor, Communications Director[1]
WebsiteCCRJustice.org

The Center for Constitutional Rights (CCR; formerly Law Center for Constitutional Rights) is a progressive non-profit legal advocacy organization based in New York City, New York, in the United States. It was founded in 1966 by lawyers William Kunstler, Arthur Kinoy, Morty Stavis and Ben Smith, particularly to support activists in the implementation of civil rights legislation and to achieve social justice.[2][3]

CCR has focused on civil liberties and human rights litigation, and activism. Since winning the landmark case in the United States Supreme Court of Rasul v. Bush (2004), establishing the right of detainees at Guantanamo Bay detainment camp to challenge their status in US courts and gain legal representation,[4] it has provided legal assistance to people imprisoned there and gained release for many who were unlawfully held or proven not to be a risk to security.[citation needed]

History

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Jules Lobel, current President of the Center for Constitutional Rights, testifying before Congressional subcommittee about the War Powers Act.

Incorporation for the Civil Rights Legal Defense Fund was filed on September 9, 1966; in February, 1967, the name was changed to the Law Center for Constitutional Rights. In 1970, the name was shortened to the Center for Constitutional Rights.[5] The founders, Morton Stavis, Arthur Kinoy, Ben Smith and William Kunstler,[2] came together through their civil rights work in the American South.[6] By 1970, according to one unaffiliated lawyer quoted at the time, CCR had become "the leading gathering place for radical lawyers in the country,"[2]

The Center identified as a "movement support" organization; that is, an organization that concentrated on working with political and social activists to use the courts to promote the activists' work. Cases were chosen to raise public awareness of an issue, generate media attention, and/or energize activists being harassed by local law enforcement in the South. In this regard, the Center differed from more traditional legal non-profits, such as the ACLU, which was more focused on bringing winnable cases in order to extend precedents and develop the law, as well as pursuing First Amendment issues.[citation needed]

In 1998, CCR merged with the National Emergency Civil Liberties Committee (NECLC),[7] an organization originally formed in 1951 to advocate for the civil liberties embodied in the Bill of Rights of the US Constitution, notably the rights of free speech, religion, travel, and assembly.[8]

Since 9/11, it has been known for bringing a variety of cases challenging the Bush administration's detention, extraordinary rendition, and interrogation practices in the so-called "Global War on Terror". When its president Michael Ratner filed Rasul v. Bush in 2002, this was the first lawsuit to challenge President George W. Bush's wartime detentions at Guantanamo Bay Naval Base in Cuba in the early days of the "war on terror."[9] "It was the first time in history that the Court had ruled against the president on behalf of alleged enemy fighters in wartime. And it was the first of four Supreme Court decisions between 2004 and 2008 that rejected President Bush's assertion of unchecked executive power in the "war on terror."[9]

As of 2024, CCR's issue areas are: abusive immigration practices, corporate human rights abuses, criminalizing dissent, discriminatory policing, drone killings, government surveillance, Guantanamo, LGBTQI persecution, mass incarceration, Muslim profiling, Palestinian solidarity, racial injustice, sexual and gender-based violence, and torture, war crimes, and militarism.[10][11]

Notable cases

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Dombrowski v. Pfister (1965): The CCR's first major case was a successful suit against the Louisiana Un-American Activities Committee to challenge the use of state anti-subversion laws to intimidate civil rights workers. CCR won the case in the Supreme Court, which ruled that such intimidation had a "chilling effect" on First Amendment rights and was therefore unconstitutional.[12][13][14][15]

United States v. Dellinger (Chicago Seven) (1969): CCR attorneys William Kunstler and Leonard Weinglass defended a group of demonstrators arrested following the 1968 Democratic National Convention demonstrations and consequent forceful police response. The original eight defendants, David Dellinger, Rennie Davis, Tom Hayden, Abbie Hoffman, Jerry Rubin, and Bobby Seale, were anti-war, civil rights and human rights activists, and Students for a Democratic Society and Black Panther Party members. Seale's case was declared a mistrial and severed.[16][17][18] The remaining seven were found not guilty of their conspiracy charges; five were found guilty of crossing state lines to incite a riot. CCR appealed and those charges were overturned.[10][19][20]

Abramowicz v. Lefkowitz (1972): CCR'S Nancy Stearns challenged New York state laws that restricted abortion, and served as a model for challenges to similar laws in other states. This case marks the first instance of challenge to abortion statutes being argued by women as the plaintiffs in terms of women's right to choice rather than a doctor's right to practice.[21][22]

Monell v. Department of Social Services (1972): This case began as a challenge to New York City's forced maternity leave policies. Its resolution created a precedent that established local government accountability for unconstitutional acts and created the right to obtain damages from municipalities in such cases. Since 1978, this precedent has been used by lawyers and non-profits as a tool to challenge police misconduct, civil rights violations, and other local unconstitutional acts.[23][24]

State of Washington v. Wanrow (1972): A women's self-defense murder case, CCR became counsel when the appeal process reached the Washington Supreme Court. The appellate court reversal of the original conviction was upheld. The landmark Supreme Court decision had far-reaching effects on women's self-defense and the law.[25]

United States v. Banks and Means (Wounded Knee Occupation) (1974): CCR's Kunstler and Mark Lane represented Russell Means and Dennis Banks, against charges of conspiracy and assault. Means and Banks had been leaders of the American Indian Movement occupation of Wounded Knee, which culminated in a standoff with the Federal Bureau of Investigation (FBI). After an eight-and-a-half-month trial, the US District Court of South Dakota dismissed the charges.[26][27]

Filártiga v. Peña-Irala (1980): Filártiga established a precedent for the use of the Alien Tort Statute to allow foreign victims of human rights abuses to seek justice in US courts. CCR represented the family of Joelito Filártiga, the son of a left-wing Paraguayan dissident who had been tortured and killed by Paraguayan police. The precedent created by this case has facilitated subsequent international human rights cases, including Doe v. Karadzic and Doe v. Unocal. These cases have established that multinational corporations and other non-state actors can be held responsible for their complicity in human rights violations.[28][29]

Crumsey v. Justice Knights of the Ku Klux Klan (1982): CCR file for damages against the Ku Klux Klan (KKK) on behalf of five black women in Chattanooga, Tennessee. The women had been shot at, and four injured, by KKK members. It was the first civil rights suit filed against the KKK. The plaintiffs won $535,000 in damages. An injunction was served on the KKK prohibiting them from engaging in violence and from entering the black community.[30][31]

Paul v. Avril, (1994): In 1991, on behalf of six Haitian political activists, including Evans Paul, Mayor of Port-au-Prince, and under the Alien Tort Statute, the CCR sued former military dictator Prosper Avril for human rights violations. The suit sought compensation for damages that the plaintiffs suffered under Avril's rule. In November 1993, CCR attorneys moved for a default judgment. In July 1994, in an unprecedented decision in which a Haitian dictator or member of the military was held accountable for human rights abuses, a federal magistrate awarded a $41 million damage judgment to the victims of Prosper Avril.[32][better source needed]

Daniels, et al. v. the City of New York (1999): CCR filed a class action lawsuit challenging the New York City Police Department (NYPD) policy of stop-and-frisk without reasonable suspicion of criminal activity, and alleging the police used racial profiling for targeting. The case was settled, with the NYPD agreeing to a number of NYPD requirements, including a written anti-profiling policy and ongoing audits of the reasonable cause basis for stop-and-frisk activities.[10][33][better source needed]

Doe v. Karadzic (2000): In 1993, the Center for Constitutional Rights and co-counsel filed a lawsuit seeking compensation for victims and survivors of Serb leader Radovan Karadzic's campaign of genocide and torture in Bosnia. Karadzic defaulted in 1997. On September 25, 2000, the jury decided on a verdict of $4.5 billion.[34][35]

Rasul v. Bush (2004): CCR represented Guantanamo detainees seeking fair trials and an end to their indefinite imprisonment without charge. The US Supreme Court case established precedent for US courts' jurisdiction over the Guantanamo Bay prison camp, affirming detainees' right to habeas corpus review, including legal representation.[36][10] This right was later putatively revoked when President Bush signed the Military Commissions Act into law. CCR brought many of the same habeas corpus petitioners to the Supreme Court again in Boumediene v. Bush (2008), in which the Supreme Court declared the relevant parts of the MCA unconstitutional and restored the rights won in Rasul.[37][38][10][39]

Floyd, et al. v. City of New York, et al. (2013) CCR filed a federal class action lawsuit against the New York City Police Department (NYPD) and the City of New York that challenges the NYPD's practices of racial profiling and "stop-and frisk." These NYPD practices had led to a dramatic increase in the number of suspicion-less stop-and-frisks per year in the city, with the majority of stops in communities of color. On August 12, 2013, a federal judge in a historic ruling found the New York City Police Department (NYPD) liable for a pattern and practice of racial profiling and unconstitutional stop-and-frisks. On January 30, 2014, the City agreed to drop its appeal of the ruling and begin the joint remedial process ordered by the court.[40][10][41]

Funding

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Center For Constitutional Rights Inc., operates as a 501(c)(3) non-profit. For 2023, it had $14,848,424 in revenue (including $13,040,969 in contributions), $12,468,239 in expenses, and net assets of $42,978,051.[42]

See also

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References

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  1. ^ "Staff". Ccrjustice.org. February 20, 2009. Retrieved November 28, 2010.
  2. ^ a b c Navasky, Victor S. (April 19, 1970). "Right On! With Lawyer William Kunstler". New York Times. ISSN 0362-4331. Retrieved February 22, 2023.
  3. ^ "Mission and Vision". Center for Constitutional Rights. Retrieved September 7, 2024.
  4. ^ "What We Do". Center for Constitutional Rights. Retrieved September 8, 2024.
  5. ^ Ruben 2011, p. 26-27.
  6. ^ Ruben, Albert (2011). The people's lawyer: the Center for Constitutional Rights and the fight for social justice, from civil rights to Guantánamo. New York: Monthly Review Press. p. 20. ISBN 978-1-58367-237-2. OCLC 697261038.
  7. ^ Haberman, Clyde (January 20, 1998). "Leftists Steal Enemy Tactic: The Merger". The New York Times. Retrieved February 4, 2014.
  8. ^ Stern, Michael (December 22, 1968). "Civil-Liberties Units Expanding; Top Organizations to Broaden Scope of Activities". The New York Times. Retrieved February 4, 2014.
  9. ^ a b David Cole, "Michael Ratner’s Army: The Fight Against Guantánamo", NYR Daily, 15 May 2016
  10. ^ a b c d e f "Center for Constitutional Rights (CCR)". InfluenceWatch. Retrieved September 8, 2024.
  11. ^ "What We Do". Center for Constitutional Rights. Retrieved September 8, 2024.
  12. ^ "UE Mourns Kinoy's Passing". ueunion.org. United Electrical, Radio and Machine Workers of America. September 30, 2003. Archived from the original on July 9, 2020. Retrieved July 9, 2020.
  13. ^ Lateer, James (November 16, 2017). Three Barons: The Organizational Chart of the JFK assassination (First Edition) --> Chapter "The Facts Surrounding The Prisoner Oswald". Trine Day LLC. ISBN 9781634241434. Archived from the original on July 9, 2020. Retrieved July 9, 2020.
  14. ^ Peck, Leonard W. "Dombrowski v. Pfister (1965)". The First Amendment Encyclopedia presented by the John Seigenthaler Chair of Excellence in First Amendment Studies. Archived from the original on July 9, 2020. Retrieved July 9, 2020.
  15. ^ "Dombrowski v. Pfister; Center for Constitutional Rights". Ccrjustice.org.
  16. ^ "The Chicago Seven Conspiracy Trial Biographies: Bobby Seale". Federal Judicial Center. Archived from the original on February 24, 2017. Retrieved December 4, 2020.
  17. ^ Epstein, Jason (December 4, 1969). "A Special Supplement: The Trial of Bobby Seale". The New York Review. Archived from the original on March 7, 2016.
  18. ^ Davis, R. (September 15, 2008). "The Chicago Seven trial and the 1968 Democratic National Convention". The Chicago Tribune.
  19. ^ "Chicago 8 trial opens in Chicago". History.com. September 22, 2020. Retrieved September 8, 2024.
  20. ^ "United States v. Dellinger; Center for Constitutional Rights". Ccrjustice.org.
  21. ^ Grambush, Alana (September 11, 2023). "Uncharted Territory". New York University Law. Retrieved September 9, 2024.
  22. ^ "Abramowicz v. Lefkowitz; Center for Constitutional Rights". Ccrjustice.org.
  23. ^ "Monell v. Department of Social Services". University of Missouri–Kansas City School of Law. Retrieved September 9, 2024.
  24. ^ "Monell v. Department of Social Services; Center for Constitutional Rights". Ccrjustice.org.
  25. ^ Coker, Donna K. (April 3, 2013). "The Story of Wanrow: The Reasonable Woman and the Law of Self-Defense". SSRN. co-authored with Lindsay Harrison in Criminal Law Stories (Donna Coker & Robert Weisberg Eds. 2013) Foundation Press. SSRN 2244312. Retrieved September 11, 2023.
  26. ^ McFadden, Robert D. (October 30, 2017). "Dennis Banks, American Indian Civil Rights Leader, Dies at 80". New York Times. Retrieved September 8, 2024.
  27. ^ "United States v. Banks and Means (Wounded Knee); Center for Constitutional Rights". Ccrjustice.org.
  28. ^ "Dolly M.E. Filartiga and Joel Filartiga v. Americo Norberto Peña-Irala". International Crimes Database. Retrieved September 9, 2024.
  29. ^ "Filártiga v. Peña-Irala; Center for Constitutional Rights". Ccrjustice.org.
  30. ^ "Former Klansmen fined for attack on blacks". United Press International. February 27, 1982. Retrieved September 8, 2024.
  31. ^ "Crumsey v. Justice Knights of the Ku Klux Klan; Center for Constitutional Rights". Ccrjustice.org.
  32. ^ "Paul v. Avril; Center for Constitutional Rights". Ccrjustice.org.
  33. ^ "Daniels, et al. v. the City of New York". Center for Constitutional Rights. Retrieved September 8, 2024.
  34. ^ "Doe v. Karadzic; Center for Constitutional Rights". Ccrjustice.org.
  35. ^ "Jane Doe I et al. v. Radovan Karadžić". International Crimes Database. Retrieved September 9, 2024.
  36. ^ Ruben 2011, p. 15.
  37. ^ Mark Sherman (June 12, 2008). "High Court: Gitmo detainees have rights in court". Associated Press. Archived from the original on June 22, 2008. Retrieved June 12, 2008.
  38. ^ Mark Sherman (June 12, 2008). "High Court sides with Guantanamo detainees again". Monterey Herald. Archived from the original on June 24, 2008. Retrieved June 12, 2008.{{cite news}}: CS1 maint: bot: original URL status unknown (link)
  39. ^ "Rasul v Bush; Center for Constitutional Rights". Ccrjustice.org.
  40. ^ Devereaux, Ryan (August 12, 2013). "New York's stop-and-frisk trial comes to a close with landmark ruling". The Guardian. Retrieved September 8, 2024.
  41. ^ "Floyd, et al. v. City of New York, et al. | Center for Constitutional Rights". Ccrjustice.org. December 17, 2014. Retrieved November 15, 2016.
  42. ^ Suozzo, Andrea; Glassford, Alec; Ngu, Ash; Roberts, Brandon (August 8, 2024). "Institute for Policy Studies". ProPublica. Retrieved August 15, 2024.
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