Legal Projects > Intake
Process
Please read this information
carefully to find out the kinds of cases we accept, and how
to have the ACLU of Mississippi consider your case. If you
believe your case may be the kind of case we accept, feel
free to fill out our online
complaint form.
If we need more information, we will call you. We will let
you know as soon as possible as to whether or not we can
accept your case, although there may be some delay because
of limited resources.
What Are Civil Liberties?
"Civil Liberties" is
a catch-all term for the protections guaranteed by the
U.S. Constitution and Bill of Rights. The civil liberties
we seek to protect include:
- Equal Protection
/ Discrimination
The
14th Amendment to the U.S. Constitution guarantees equal
protection of the laws for all persons. Common forms of
discrimination are on the basis of race, sex, age, disability,
and sexual orientation. It is important to understand that
not every law or policy that "discriminates" is
unconstitutional. Racial discrimination and sex discrimination
nearly always are unconstitutional, but classifications
based on age, disability, economic status, etc. may or
may not be unconstitutional, depending on the situation.
This could include for example, a sheriff's department
which refuses to accept women deputies, a refusal to allow
homeless people to vote because they have no fixed address,
or racial discrimination.
- Freedom
of Speech and Press
The 1st Amendment to the
U.S. Constitution guarantees freedoms of speech, press,
and association, subject to a number of complex exceptions
such as libel and endangering public welfare. Some examples
of free expression violations include a student is suspended
for writing a newspaper article critical of the principal,
a police officer is disciplined for speaking out against
police brutality, and a group is charged for police protection
when it applies for a demonstration permit.
This
involves both the riht of individuals to religious beliefs
and the separation of church and state. Though the ACLU
of Mississippi is probably best known for opposing involuntary
public school sponsored prayer, our organization supports
religious freedom in all forms. The 1st Amendment to the
U.S. Constitution guarantees free exercise of religion
and that government will not "establish" religion,
which has been interpreted to mean that government may
not actually or give the appearance of endorsing a particular
religion or religion in general.
"Free
Exercise" means
that individuals have the right to practice their religion
and that government may not substantially burden one's
freedom to practice one's religion without a compelling
reason. "Establishment" means
that government may not coerce individuals into participating
in or witnessing religious practices and that the state
may not endorse one religion or religion in general.
The right to privacy is not
explicitly mentioned in the U.S. Constitution, but has
been inferred from the 1st Amendment rights of freedom
of speech and association, the 4th Amendment prohibition
against unreasonable searches and the 5th Amendment right
not to incriminate oneself. The right of reproductive choice,
for example, is grounded upon the right of privacy. Privacy
also includes individual rights concerning personal information
about oneself.
The right to due process is found in the
14th Amendment to the U.S. Constitution. The essential elements
of due process are notice and the opportunity to be heard.
An example of a due process violation would be if a community
group were denied a permit by the police and the town provided
no process by which to appeal the police department's decision.
What Does It Cost?
In ACLU of Mississippi cases, the attorneys
represent the clients free of charge. ACLU of Mississippi
cases are handled by volunteer attorneys who are in private
practice and volunteer their time for ACLU of Mississippi
cases. However, clients should help with expenses of a case,
if able to do so.
How Does The ACLU of Mississippi
Choose Cases?
The ACLU of Mississippi generally selects
cases that affect the civil liberties of large numbers of
people, rather than those involving a dispute between two
parties. The basic questions we ask when reviewing a potential
case are: 1) Is this a significant civil liberties issue?;
2) What effect will this case have on people in addition
to our client?; 3) Do we have the resources to take this
case?
What Cases Affect Others?
Lawsuits can affect a large number of people
in two ways. First, we sometimes challenge a policy or practice
which directly impacts upon many people. Second, a lawsuit
brought on behalf of one person can have a larger impact
on others in the long run when it establishes or expands
legal protections.
Why Does The ACLU of Mississippi
Prefer Cases Without Serious Factual Disputes?
We tend to take cases which do not involve
complicated disputes of fact, and we prefer to take cases
where the issue is a question of law. An example of a factual
dispute is an employment discrimination case where the employer
claims he fired the employee because of poor job performance
and has credible evidence to support that claim. The reasons
we often decide not to accept cases with serious factual
disputes are: 1) our limited resources (it is often expensive
to prove a case which involves substantial factual disputes);
2) a court might never reach the civil liberties legal issue
if it resolves the facts against the client; 3) the case
is less likely to have a broad impact on others if the decision
rests upon specific facts of a case.
Types of Cases The ACLU of Mississippi
Generally Does Not Accept
Types of cases that the ACLU of Mississippi
does not generally accept include: 1) a person was fired
without a good reason or just cause; 2) a person is being
denied benefits, such as workers compensation or unemployment
benefits; 3) family law cases (divorce and/or child custody),
unless there is a civil liberties issue involved such as
religions freedom; 4) regular civil cases such as landlord
tenant problems or consumer fraud, unless there is a civil
liberties issue involved such as gender discrimination; 5)
environmental or pollution cases unless there is a civil
liberties issue involved such as racial discrimination; and
6) criminal cases or complaints about a person's attorney
in a criminal case. Only in limited cases, for example when
a person is being prosecuted for engaging in an activity
protected by the U.S. Constitution (such as participating
in a political demonstration), do we consider accepting criminal
cases.
Why The ACLU of Mississippi
Turns Down Cases That Fall Within Our Guidelines
There are many cases and problems of unfairness
that the ACLU of Mississippi is simply unable to handle.
We receive hundreds of requests for assistance a year. Therefore,
we cannot accept many of the cases that fall within the guidelines
discussed above. We must select those cases which we believe
will have the greatest impact on protecting civil liberties.
Can The ACLU of Mississippi Advise
Me About My Case?
The ACLU of Mississippi is
unable to give you advice about your case, or provide other
types of assistance (for example, reviewing your papers or
conducting legal research to assist you) if we do not accept
your case. This policy allows us to direct the necessary
resources to those cases that we do accept.
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