Sweeping measure also applies to other laws that violate Constitution or state law

By Miriam Raftery

October 7, 2013 (Sacramento) – In a rare show of bipartisanship, Governor Brown has signed into a law a bill that passed the Legislature almost unanimously.  The measure makes California the third state to nullify provisions of the National Defense Authorization Act (NDAA) allowing indefinite detention of citizens.

However California’s law goes farther, banning state cooperation with federal authorities on enforcement of any federal law that violates the U.S. Constitution, the California Constitution or California law.  The bill also prohibits use of state funds for such purposes.

By Miriam Raftery

May 19, 2012 (San Diego’s East County) – A federal judge has ruled that section 1021 of the National Defense Authorization Act of 2012 is unconstitutional, violating the First Amendment of the Constitution by having a chilling effect on free speech.

The clause allowed the U.S. military to arrest and indefinitely detain anyone—even U.S. citizens—for providing substantial support to terrorist groups.  Civil libertarians opposed the clause and journalists filed suit, arguing that the definition was so vague that reporters and political activists feared they could be indefinitely detained.