Handschu agreement
Encyclopedia
The Handschu agreement is a set of guidelines that regulate police behavior in New York City
with regard to political activity.
were tried for conspiracy to blow up police stations and department stores. They were acquitted of all charges after only 90 minutes of jury deliberation. The trial revealed the extent to which the NYPD had infiltrated and kept dossiers on not only the Black Panthers and other radical groups, but also on anti-war
groups, gay rights activists, educational reform advocates, religious groups, and civic organizations.
A large coalition of activist groups accused police of compiling information to punish and repress lawful dissent. Barbara Handschu
was a lead plaintiff in the 1971 class action
suit Handschu v. Special Services Division. In the 1985 ruling, the court sided with Handschu, finding that police surveillance of political activity violated constitutional
protections of Free Speech. The ruling brought about the agreement.
The agreement also prohibits indiscriminate police videorecording and photographing of public gatherings when there is no indication that unlawful activity is occurring.
The department is also prohibited from sharing information pertaining to political activity with other law enforcement agencies unless those agencies agree to abide by the terms of the Handschu agreement.
The court order mandates the compiling of annual, publicly-available reports listing the surveillance requests made by the NYPD and the number of such requests granted.
In regards to the requested changes, Police Commissioner Raymond W. Kelly
said, "Today we live in a more dangerous, constantly changing world, one with challenges and threats that were never envisioned when the Handschu guidelines were written."
Chris Dunn of the New York Civil Liberties Union
, called the proposal "troubling," stating that the NYPD "has no legitimate reason to spy on lawful political activity."
Former New York City mayor Ed Koch
, previously a critic of police surveillance, agreed with the proposal to rescind large portions of the Handschu agreement. "That's the necessary cost of protecting the public in these times where we're dealing with terrorism," he said.
In February 2007, Judge Haight ruled that the NYPD had violated the terms of the agreement by videotaping two demonstrations by advocates of the homeless, one in Harlem
in March 2005, the other in front of New York City Mayor Michael Bloomberg
's house in December 2005. On June 13, 2007, Haight reversed the ruling, saying that attorneys for the city had provided new evidence indicating that the protestors may have been "disorderly." Lawyers for the demonstrators vowed to continue fighting to prove that the action was legal and peaceful.
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
with regard to political activity.
Background
In 1971, 21 members of the Black Panther PartyBlack Panther Party
The Black Panther Party wasan African-American revolutionary leftist organization. It was active in the United States from 1966 until 1982....
were tried for conspiracy to blow up police stations and department stores. They were acquitted of all charges after only 90 minutes of jury deliberation. The trial revealed the extent to which the NYPD had infiltrated and kept dossiers on not only the Black Panthers and other radical groups, but also on anti-war
Anti-war
An anti-war movement is a social movement, usually in opposition to a particular nation's decision to start or carry on an armed conflict, unconditional of a maybe-existing just cause. The term can also refer to pacifism, which is the opposition to all use of military force during conflicts. Many...
groups, gay rights activists, educational reform advocates, religious groups, and civic organizations.
A large coalition of activist groups accused police of compiling information to punish and repress lawful dissent. Barbara Handschu
Barbara Handschu
Barbara Ellen Handschu is a Jewish-American political activist and lawyer whose surname was memorialized on a set of federal guidelines "[ordering] restrictions on police surveillance .....
was a lead plaintiff in the 1971 class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
suit Handschu v. Special Services Division. In the 1985 ruling, the court sided with Handschu, finding that police surveillance of political activity violated constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
protections of Free Speech. The ruling brought about the agreement.
Provisions
According to the terms of the agreement, purely political activity can only be investigated by the Public Security Section (PSS) of the NYPD's Intelligence Division, and then only when the Section suspects criminal activity. When the PSS does suspect criminal activity on the part of political groups, it must obtain a warrant from the three-person Handschu Authority, a commission made up of two deputy commissioners and a mayor-appointed civilian.The agreement also prohibits indiscriminate police videorecording and photographing of public gatherings when there is no indication that unlawful activity is occurring.
The department is also prohibited from sharing information pertaining to political activity with other law enforcement agencies unless those agencies agree to abide by the terms of the Handschu agreement.
The court order mandates the compiling of annual, publicly-available reports listing the surveillance requests made by the NYPD and the number of such requests granted.
Current status
In 2002, the NYPD asked federal judge Charles S. Haight Jr., the judge who presided over the original case, to abrogate numerous provisions of the agreement, claiming that they inhibited the department's ability to prevent future terrorist attacks. The requests, if granted, would allow any branch of the department to investigate any political activity, even without suspicion of criminal activity. It would further allow the department to perform any type of surveillance of public gatherings deemed Constitutional, which is likely to include videorecording. The department also requested that the function of the Handschu authority be changed to investigating complaints of constitutional violations, which would take away the authority's power to oversee political investigations.In regards to the requested changes, Police Commissioner Raymond W. Kelly
Raymond W. Kelly
Raymond Walter Kelly is the current Commissioner of the New York City Police Department and the first person to hold the post for two non-consecutive tenures. A lifelong New Yorker, Kelly has spent 31 years in the NYPD, serving in 25 different commands and as Police Commissioner from 1992 to 1994...
said, "Today we live in a more dangerous, constantly changing world, one with challenges and threats that were never envisioned when the Handschu guidelines were written."
Chris Dunn of the New York Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, called the proposal "troubling," stating that the NYPD "has no legitimate reason to spy on lawful political activity."
Former New York City mayor Ed Koch
Ed Koch
Edward Irving "Ed" Koch is an American lawyer, politician, and political commentator. He served in the United States House of Representatives from 1969 to 1977 and three terms as mayor of New York City from 1978 to 1989...
, previously a critic of police surveillance, agreed with the proposal to rescind large portions of the Handschu agreement. "That's the necessary cost of protecting the public in these times where we're dealing with terrorism," he said.
In February 2007, Judge Haight ruled that the NYPD had violated the terms of the agreement by videotaping two demonstrations by advocates of the homeless, one in Harlem
Harlem
Harlem is a neighborhood in the New York City borough of Manhattan, which since the 1920s has been a major African-American residential, cultural and business center. Originally a Dutch village, formally organized in 1658, it is named after the city of Haarlem in the Netherlands...
in March 2005, the other in front of New York City Mayor Michael Bloomberg
Michael Bloomberg
Michael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
's house in December 2005. On June 13, 2007, Haight reversed the ruling, saying that attorneys for the city had provided new evidence indicating that the protestors may have been "disorderly." Lawyers for the demonstrators vowed to continue fighting to prove that the action was legal and peaceful.