
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." (see also civil liberties
)
It works through litigation, legislation, and community education. The ACLU consists of two separate non-profits: the ACLU Foundation, a 501(c)(3) organization which focuses on litigation and communication efforts, and the American Civil Liberties Union, a 501(c)(4) organization which focuses on legislative lobbying
.
The ACLU has stood foursquare against the recurring tides of hysteria that from time to time threaten freedoms everywhere.
America needs a civil liberties union. It no longer has one. I still make my contribution because the ACLU still does some good, but if things don't change, it could become an enemy of free speech.
I'm glad the ACLU raises the objections it does, because it forces the government and Congress to be mindful of First Amendment rights.
Finally, the ACLU -- we talked about this yesterday and I -- and, you know, I have to pick on the ACLU because they're the most dangerous organization in the United States of America right now. There's by far. There's nobody even close to that. They're, like, second next to Al Qaeda|Al Qaeda.
[The ACLU is] thew worst vermin America ha ever tolerated. The worst vermin in America are the vermin in the ACLU.
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." (see also civil liberties
)
It works through litigation, legislation, and community education. The ACLU consists of two separate non-profits: the ACLU Foundation, a 501(c)(3) organization which focuses on litigation and communication efforts, and the American Civil Liberties Union, a 501(c)(4) organization which focuses on legislative lobbying
. Founded in 1920 by Crystal Eastman
, Roger Baldwin
and Walter Nelles
, the ACLU was the successor organization to the earlier National Civil Liberties Bureau
founded during World War I
. The ACLU reported over 500,000 members in 2010.
Lawsuits brought by the ACLU have been influential in the evolution of Constitutional law. The ACLU provides legal assistance in cases in which it considers civil liberties
to be at risk. Even when the ACLU does not provide direct legal representation, it often submits amicus curiae
briefs
. The organization's present aims include getting the U.S. government to disclose the legal standard it uses to place U.S. citizens on government assassination lists.
Outside of its legal work, the organization has also engaged in lobbying of elected officials and political activism. The ACLU has been critical of elected officials and policies of both Democrats
and Republicans
.
History
Roger Nash Baldwinbecame head of the National Civil Liberties Bureau
(NCLB) in 1917. An independent outgrowth of the American Union Against Militarism
, the Bureau opposed American intervention in World War I
. The NCLB provided legal advice and aid for conscientious objector
s and those being prosecuted under the Espionage Act of 1917
or the Sedition Act of 1918
. In 1920, the NCLB changed its name to the American Civil Liberties
Union, with Baldwin continuing as its director and Walter Nelles
as chief counsel. Jeannette Rankin
, Jane Addams
, Crystal Eastman
, Albert DeSilver
, Helen Keller
, along with other former members of the NCLB, assisted Baldwin with the founding of the ACLU. Among the founding members was Felix Frankfurter
, who later became an Associate Justice
of the Supreme Court of the United States
. DeSilver and Nelles were Baldwin's closest associates.
The ACLU was formed to protect aliens threatened with deportation, along with U.S. nationals threatened with criminal charges by U.S. Attorney General
Alexander Mitchell Palmer
for their communist
or socialist
activities and agendas (see Palmer Raids
). It also opposed attacks on the rights of the Industrial Workers of the World
(IWW) and other labor union
s to meet and organize.
In 1940, the ACLU formally barred communists from leadership or staff positions, and would take the position that it did not want communists as members either. The board declared that it was "inappropriate for any person to serve on the governing committees of the Union or its staff, who is a member of any political organization which supports totalitarianism in any country, or who by his public declarations indicates his support of such a principle." The purge, which was led by Baldwin, himself a former supporter of communism, began with the ouster of Elizabeth Gurley Flynn
, a member of both the Communist Party USA
and the Industrial Workers of the World
. The ACLU's chairman since its founding, Harry F. Ward
, resigned in protest of the decision. But, the resolution was rescinded in 1967, allowing Communist Party members to rejoin the ACLU and in 1976, the ACLU restored Elizabeth Gurley Flynn's membership posthumously.
Conservatives and Republican have frequently criticized the ACLU. One well-known example occurred during the 1988 presidential election
: then-Vice President
George H. W. Bush
noted that his opponent Michael Dukakis
had described himself as a "card-carrying member of the ACLU" and used that as evidence that Dukakis was "a strong, passionate liberal" and "out of the mainstream." The phrase subsequently was used by the organization in an advertising campaign.
After the September 11, 2001 attacks
and the ensuing debate regarding the proper balance of civil liberties and security, including the passage of the USA PATRIOT Act
, the membership of the ACLU increased by 20%, bringing the group's total enrollment to 330,000. The growth continued, and by August 2008 ACLU membership was greater than 500,000. It remained at that level in 2010.
Leadership
Currently, the leadership of the ACLU includes Executive Director Anthony Romeroand President Susan Herman. The national board of directors consists of representatives elected by each state affiliate as well as at-large delegates elected by boards of each affiliate. Each state affiliate has an Executive Director and Board of Directors.
Notably, Ruth Bader Ginsburg
, a current Justice of the Supreme Court, was the first director of the ACLU's Women's Rights Project. Judith Krug
, Director of the American Library Association
Office for Intellectual Freedom since 1967, was for three years concurrently on the Board of Directors of the Illinois Division of the ACLU.
In 2005, in response to increasing internal strife, the ACLU national board attempted to impose what many critics labeled a "gag rule" on its employees. The proposal included the rule that "a board member may publicly disagree with an ACLU policy position, but may not criticize the ACLU Board or staff." The measures proved highly unpopular with free speech advocates within the ACLU, and were eventually shelved.
Funding
The ACLU receives funding from a large number of sources. For example, in 2004, the ACLU and its affiliate, the American Civil Liberties Union Foundation reported revenues totaling $85,559,887. Of that total, 87% was from donations and dues from the public, 1.8% from program services, including awards of legal fees, royalty income, and literature sales, and the remainder from investment income and income from sale of assets. The distribution and amount of funding for state affiliates varies from state to state. For example, the ACLU of New Jerseyreported $1.2 million in income to both the ACLU-NJ and its affiliated tax-exempt foundation in the 2005 fiscal year. Of that income, 46% came from contributions, 19% came from membership dues, 18% came from court awarded attorney fees, 12% came from grants, 4% came from investment income and the remainder from other sources. Its expenses in the same period were $800,000, of which 12% went to administration and management. Smaller affiliates with fewer resources, such as that in Nebraska, receive subsidies from the national ACLU.
Foundations
In October 2004, the ACLU rejected $1.5 million from both the Ford and Rockefeller Foundations because the Foundations had adopted language from the USA PATRIOT Act in their donation agreements, including a clause stipulating that none of the money would go to "underwriting terrorism or other unacceptable activities." The ACLU views this clause, both in Federal law and in the donors' agreements, as a threat to civil liberties, saying it is overly broad and ambiguous.Court-awarded damages and attorney's fees
In 2004, court-awarded damages and attorney fees comprised 3% (net) of ACLU Foundation funding; state affiliates also receive money from such fees, although the national headquarters does not.Recovery of attorney's' fees by non-profit legal advocacy organizations is common practice. The pro-life
Thomas More Law Center
, for example, generally seeks, and is successful in, recovery of attorney's fees in the same manner as the ACLU. In 2005, the Thomas More law center derived 4.8% of its funding from court-awarded legal fees in this manner.
Due to the nature of its legal work, the ACLU is often involved in litigation against governmental bodies, which are generally protected from adverse monetary judgments: a town, state or federal agency may be required to change its laws or behave differently, but not to pay monetary damages except by an explicit statutory waiver.
In some cases, the law permits plaintiffs who successfully sue government agencies to collect money damages or other monetary relief. In particular, the Civil Rights Attorney's Fees Award Act of 1976
leaves the government liable in some civil rights cases. Fee awards under this civil rights statute are considered "equitable relief" rather than damages, and government entities are not immune from equitable relief. Under laws such as this, the ACLU and its state affiliates sometimes share in monetary judgments against government agencies.
The ACLU has received court awarded fees in numerous church-state cases. The Georgia affiliate was awarded $150,000 in fees after suing a county demanding the removal of a Ten Commandments
display from its courthouse; a second Ten Commandments case in the State, in a different county, led to a $74,462 judgment. Meanwhile, the State of Tennessee was required to pay $50,000, the State of Alabama $175,000, and the State of Kentucky $121,500, in similar Ten Commandments cases. The Public Expression of Religion Act of 2005, introduced by Representative John Hostettler
, sought to alter the rules put in place by the Civil Rights Attorney's Fees Award Act of 1976 to prevent monetary judgments in the particular case of violations of church-state separation. Also, groups such as the American Legion
have taken stances opposing the ACLU's right to collect fees under such legislation.
Organizational structure

Affiliates (the state organizations) are the basic unit of the ACLU's organization and engage in litigation, lobbying, and public education. For example, in a twenty-month period beginning January 2004, the ACLU's New Jersey chapter was involved in fifty-one cases according to their annual report—thirty-five cases in state courts, and sixteen in federal court
. They provided legal representation in thirty-three of those cases, and served as amicus in the remaining eighteen. They listed forty-four volunteer attorneys who assisted them in those cases.
Each legal foundation and political affiliate is registered as a 501(c)(3) and 501(c)(4) entity, respectively.
Positions
While the bulk of the ACLU's cases involve the First Amendment, Equal Protection
, due process
, and the right to privacy
, the organization has taken positions on a wide range of issues. According to the ACLU, it supports:
- Religious libertyFreedom of religion in the United StatesIn the United States, freedom of religion is a constitutionally guaranteed right provided in the religion clauses of the First Amendment. Freedom of religion is also closely associated with separation of church and state, a concept advocated by Thomas Jefferson....
: Defends the individual rights of Americans of all religions to practice and/or display affirmations of their faith in public, but not on public property with government sponsorship or endorsement. - Drug policy reformDrug policy reformDrug policy reform, also known as drug law reform, is a term used to describe proposed changes to the way most governments respond to the socio-cultural influence on perception of psychoactive substance use...
to reduce harm and promote sustainable health and well-being by bringing about a just, effective and humane system to regulate and control drugs. - Separation of church and stateSeparation of church and state in the United StatesThe phrase "separation of church and state" , attributed to Thomas Jefferson and others, and since quoted by the Supreme Court of the United States, expresses an understanding of the intent and function of the Establishment Clause of the First Amendment to the Constitution of the United States...
; under this mandate, the ACLU:- Opposes the government-sponsored display of religious symbols on public property.
- Opposes official prayers, religious ceremonies, and some kinds of "moments of silenceMoment of silenceA moment of silence is the expression for a period of silent contemplation, prayer, reflection, or meditation. Similar to flying a flag at half-mast, a moment of silence is often a gesture of respect, particularly in mourning for those who have recently died or as part of a commemoration ceremony...
" in public schools or schools funded with public money.
- Almost full freedom of speechFreedom of speech in the United StatesFreedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws, with the exception of obscenity, defamation, incitement to riot, and fighting words, as well as harassment, privileged...
and of the press, including school newspapers and points of view even most ACLU members disagree with. The ACLU said to a House Subcommittee:Statement to House subcommittee, May 286, 2010:
- The ACLU accepts reasonable freedom of expression limits. These include restrictions on intimidation, Libel, and information related to National Security if it would result in "direct, immediate, and irreparable" harm to the nation.
- Abolition of capital punishmentCapital punishmentCapital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
. - Reproductive rightsReproductive rightsReproductive rights are legal rights and freedoms relating to reproduction and reproductive health. The World Health Organization defines reproductive rights as follows:...
, including access to contraceptionBirth controlBirth control is an umbrella term for several techniques and methods used to prevent fertilization or to interrupt pregnancy at various stages. Birth control techniques and methods include contraception , contragestion and abortion...
and abortionAbortion in the United StatesAbortion in the United States has been legal in every state since the United States Supreme Court decision in Roe v. Wade, on January 22, 1973...
. - Full civil rights for LGBTLGBTLGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
(lesbian, gay, bisexual and transgender) people, including government benefits for same-sex couples equal to those provided for heterosexual ones. - Affirmative actionAffirmative action in the United StatesIn the United States, affirmative action refers to equal opportunity employment measures that Federal contractors and subcontractors are legally required to adopt. These measures are intended to prevent discrimination against employees or applicants for employment, on the basis of "color,...
as a means of redressing past discrimination and achieving a racially diverse student body. - The rights of defendants and suspects against unconstitutional police practices.
- Privacy as it "works to preserve the American tradition that the government not track individuals or violate privacy unless it has evidence of wrongdoing."
- Immigrants'Immigration to the United StatesImmigration to the United States has been a major source of population growth and cultural change throughout much of the history of the United States. The economic, social, and political aspects of immigration have caused controversy regarding ethnicity, economic benefits, jobs for non-immigrants,...
rights by "challenging unconstitutional laws and practices, countering the myths upon which many of these laws are based." - Concerning the Second Amendment, specifically gun controlGun politicsGun politics addresses safety issues and ideologies related to firearms through criminal and noncriminal use. Gun politics deals with rules, regulations, and restrictions on the use, ownership, and distribution of firearms.-National sovereignty:...
, "the ACLU interprets the Second Amendment as a collective right. Therefore, we disagree with the Supreme Court’s decision in D.C. v. Heller. Heller takes a different approach than the ACLU has advocated. At the same time, it leaves many unresolved questions, including what firearms are protected by the Second Amendment, what regulations (short of an outright ban) may be upheld, and how that determination will be made." However, state level ACLU affiliates are free to take positions differing from the national organization's; in 2008, the Nevada ACLU announced that they were changing their position to support "the individual’s right to bear arms subject to constitutionally permissible regulations."
- Abolition of capital punishment
The ACLU has opposed some campaign finance reform
laws such as the Bipartisan Campaign Reform Act
, which it considers an inappropriate restriction upon freedom of expression. It does not have a policy of blanket opposition to all laws on campaign finance.
While the ACLU does oppose the use of crosses in public monuments, there have been false allegations that the ACLU has urged the removal of cross-shaped headstones from federal cemeteries and has opposed prayer by soldiers; such charges have been deemed to be urban legends.
Controversial stances
The ACLU has for years been a controversial organization. The reasons for opposition are varied, although conservatives often view the ACLU stance of separation of church and stateas anti-religious, and their defense of both accused and convicted criminals as undermining law and order
. Furthermore, the nature of the ACLU is that they defend even the most unpopular forms of speech and expression, notably those with which most other organizations would not wish to associate themselves. Often, its clients are notoriously unpopular such as Neo-Nazi
organizations and the North American Man/Boy Love Association
(NAMBLA), a group which supports lifting all age restrictions
on pederasty
. In the case of NAMBLA, the ACLU's Massachusetts affiliate represented the organization, on first amendment grounds, in a wrongful death civil suit
that was based solely on the fact that a man who raped and murdered a child had visited the NAMBLA website. Although the ACLU does not endorse NAMBLA's message, its defense of the group has been widely criticized. Additionally, the ACLU has joined several court cases against government funding of organizations that discriminate against homosexuals and atheists, prominently including the Boy Scouts of America
.
Among the most notable controversial cases which involved the ACLU are the following:
- The ACLU currently opposes, under the ex post factoEx post facto lawAn ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
clause of the Constitution, the retroactive application of Megan’s LawMegan's LawMegan's Law is an informal name for laws in the United States requiring law enforcement authorities to make information available to the public regarding registered sex offenders. Individual states decide what information will be made available and how it should be disseminated...
(which requires law enforcement authorities to identify convicted sex offenders to the public at large through various media outlets) to persons convicted before the law was passed. The ACLU initially opposed the bill in its entirety, considering it "misguided political posturing that [would] do nothing to reduce sex crimes". - The ACLU also defended Lieutenant Colonel Oliver NorthOliver NorthOliver Laurence North is a retired U.S. Marine Corps officer, political commentator, host of War Stories with Oliver North on Fox News Channel, a military historian, and a New York Times best-selling author....
, whose conviction was tainted by coerced testimony — a violation of his fifth amendment rightsFifth Amendment to the United States ConstitutionThe Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
. - The ACLU fought for the Westboro Baptist ChurchWestboro Baptist ChurchThe Westboro Baptist Church is an independent Baptist church known for its extreme stance against homosexuality and its protest activities, which include picketing funerals and desecrating the American flag. The church is widely described as a hate group and is monitored as such by the...
and Shirley Phelps-RoperShirley Phelps-RoperShirley Lynn Phelps-Roper is an American lawyer and political activist. She is best known as the spokesperson of the controversial Westboro Baptist Church of Topeka, Kansas, an organization known for its highly publicized public protests conducted under the slogan "God Hates...
after legislation prevented the group from picketing outside of veterans' funeralsRespect for America's Fallen Heroes ActThe Respect for America’s Fallen Heroes Act is an Act of Congress that prohibits protests within 300 feet of the entrance of any cemetery under control of the National Cemetery Administration from 60 minutes before to 60 minutes after a funeral...
. The Westboro Baptist Church is infamous for their picket signs that contain messages such as, "God Hates Fags," "Thank God for Dead Soldiers" and "Thank God for 9/11." The ACLU issued a statement calling the legislation a "law that infringes on Shirley Phelps-Roper's rights to religious liberty and free speech." The suit was successful. - The ACLU has filed 6 lawsuits against the Tangipahoa Parish, LouisianaTangipahoa Parish, LouisianaTangipahoa Parish is a parish located in the U.S. state of Louisiana, one of the Florida Parishes. The parish seat is Amite City, but the major city is Hammond. As of 2006, the population was 113,137...
school board over what the group sees as teacher-led prayer in school activities. The ACLU is also defending Christian athletes posting the ten commandments on their lockers, over the objections of their Virginia high school. - The ACLU defended Frank SneppFrank SneppFrank Warren Snepp is a journalist and former chief analyst of North Vietnamese strategy for the Central Intelligence Agency in Saigon during the Vietnam War. Five out of eight years in the CIA, he worked as interrogator, agent debriefer, and chief CIA strategy analyst in the US Embassy, Saigon...
, formerly of the Central Intelligence AgencyCentral Intelligence AgencyThe Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
, from an attempt by the government agency to enforce a gag orderGag orderA gag order is an order, sometimes a legal order by a court or government, other times a private order by an employer or other institution, restricting information or comment from being made public.Gag orders are often used against participants involved in a lawsuit or criminal trial...
against him. - The ACLU has aided the Florida Justice InstituteFlorida Justice InstituteThe Florida Justice Institute is a public interest law firm in Miami, Florida. The firm is headquartered at 100 SE 2nd St in the Miami Tower in Downtown Miami. It was established in 1978 by Randall C. Berg, Jr.. The institute has been dedicated to improving conditions in Florida's prison system...
and WriteAPrisoner.comWriteaprisoner.comWriteAPrisoner.com is an online Florida, based business whose stated goal is to reduce recidivism through a variety of methods that include: 1) positive correspondence with pen-pals on the outside, 2) educational opportunities, 3) job placement avenues, 4) comprehensive resource guides on a...
in supporting prisoner's rights, especially what the ACLU sees as the First Amendment right to post online profiles seeking pen pals during their incarceration and jobs upon their release. - In 2006, the ACLU of Washington State and the Second Amendment FoundationSecond Amendment FoundationThe Second Amendment Foundation or SAF is an educational- and legal-defense organization which describes its mission as “promoting a better understanding about our constitutional heritage to privately own and possess firearms...
jointly filed a lawsuit against the North Central Regional Library District (NCRL) in Washington for its policy of refusing to disable restrictions upon an adult patron's request. Library patrons attempting to access pro-gun web sites were blocked, and the library refused to remove the blocks.
Much ACLU work is done in the political arena where it faces frequent controversy as well.
- The ACLU has been a vocal opponent of the USA PATRIOT ActUSA PATRIOT ActThe USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
of 2001, the PATRIOT 2Domestic Security Enhancement Act of 2003The Domestic Security Enhancement Act of 2003 was draft legislation written by United States Department of Justice during the George W. Bush administration, under the tenure of United States Attorney General John Ashcroft. The Center for Public Integrity obtained a copy of the draft marked...
Act of 2003, and associated legislation made in response to the threat of domestic terrorism. The ACLU believes such legislation violates either the letter or the spirit of the U.S. Bill of RightsUnited States Bill of RightsThe Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
. In response to a requirement of the USA PATRIOT Act, the ACLU withdrew from the Combined Federal CampaignCombined Federal CampaignThe Combined Federal Campaign is a program allowing certain charitable organizations to solicit contributions from employees of the federal government of the United States...
. The requirement was that ACLU employees must be checked against a federal anti-terrorism watch list. The ACLU has stated that it would "reject $500,000 in contributions from private individuals rather than submit to a government 'blacklist' policy."
- The ACLU opposes the use of capital punishment, calling it "the ultimate denial of civil liberties." The ACLU claims that the death penalty is unfairly applied to racial minorities and the poor, and considers it "cruel and unusual" punishment. The organization often opposes executions on the grounds that the present method of lethal injection sometimes goes awry.
- The ACLU's position on spamSpam (electronic)Spam is the use of electronic messaging systems to send unsolicited bulk messages indiscriminately...
is considered controversial by a broad cross-section of political points of view. In 2000, Marvin Johnson, a legislative counsel for the ACLU, stated that proposed anti-spam legislation infringed on free speech by denying anonymity and by forcing spam to be labeled as such: "Standardized labeling is compelled speech." He also stated, "It's relatively simple to click and delete." The debate found the ACLU joining with the Direct Marketing AssociationDirect Marketing Association (USA)Direct Marketing Association is a trade organization which seeks to advance all channels of direct marketing. DMA was founded in 1917. It is based in the United States, but its members include companies from 48 other countries as well, including half of the Fortune 100 companies, as well as...
and the Center for Democracy and TechnologyCenter for Democracy and TechnologyThe Center for Democracy & Technology is a Washington, D.C. based 501 non-profit public-interest group that works to promote an open, innovative and free Internet....
in criticizing a bipartisan bill in the House of RepresentativesUnited States House of RepresentativesThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
in 2000. As early as 1997 the ACLU had taken a strong position that nearly all spam legislation was improper, although it has supported "opt-outOpt-outThe term opt-out refers to several methods by which individuals can avoid receiving unsolicited product or service information. This ability is usually associated with direct marketing campaigns such as telemarketing, e-mail marketing, or direct mail. A list of those who have opted-out is called a...
" requirements in some cases. The ACLU opposed the 2003 CAN-SPAMCAN-SPAM Act of 2003The CAN-SPAM Act of 2003 , signed into law by President George W. Bush on December 16, 2003, establishes the United States' first national standards for the sending of commercial e-mail and requires the Federal Trade Commission to enforce its provisions...
act suggesting that it could have a chilling effect on speech in cyberspace.
Notable historical cases
Since its founding, the ACLU has been involved in many cases. A few of the most significant are discussed here.1920–1960
In 1925, the ACLU persuaded John T. Scopesto defy Tennessee's anti-evolution
law in a court test
. Clarence Darrow
, a member of the ACLU National Committee, headed Scopes' legal team. The prosecution, led by William Jennings Bryan
, contended that the Bible should be interpreted literally in teaching creationism
in school. The ACLU lost the case and Scopes was fined $100. The Tennessee Supreme Court later upheld the law but overturned the conviction on a technicality.
In 1954, the ACLU filed an amicus brief in the case of Brown v. Board of Education
, which led to the ban on racial segregation in U.S. public schools.
1960–2000
In 1967, the ACLU successfully argued against state bans on interracial marriage, in the case of Loving v. Virginia
.
In 1973, the ACLU was the first major national organization to call for the impeachment
of President Richard Nixon
, giving as reasons the Nixon administration's violations of civil liberties
. That same year, the ACLU was involved in the cases of Roe v. Wade
and Doe v. Bolton
, in which the Supreme Court held that the constitutional right of privacy extended to women seeking abortions.
In 1977, the ACLU filed suit
against the Village of Skokie, Illinois
, seeking an injunction against the enforcement of three town ordinances outlawing Neo-Nazi parades and demonstrations. Skokie, Illinois at the time had a majority population of Jews, totaling 40,000 of 70,000 citizens. A federal district court struck down the ordinances in a decision eventually affirmed by the Supreme Court. According to David Hamlin, executive director of the Illinois ACLU, "...the Chicago office which chose to provide legal counsel to neo-Nazis who have been planning to march in Skokie, has lost about 25% of its membership and nearly one-third of its budget." 30,000 ACLU members resigned in protest. The financial strain from the controversy lead to layoffs at local chapters. In his February 23, 1978 decision overturning the town ordinances, US District Court Judge Bernard M. Decker described the principle involved in the case as follows: "It is better to allow those who preach racial hatred to expend their venom in rhetoric rather than to be panicked into embarking on the dangerous course of permitting the government to decide what its citizens may say and hear ... The ability of American society to tolerate the advocacy of even hateful doctrines ... is perhaps the best protection we have against the establishment of any Nazi-type regime in this country." The neo-Nazis declined to march in Skokie.
In the 1980s, the ACLU filed suit to challenge the Arkansas
1981 creationism statute, which required the teaching in public schools of the biblical account of creation as a scientific alternative to evolution. The law was declared unconstitutional by a Federal District Court.
In 1982, the ACLU became involved in a case involving the distribution of child pornography
(New York v. Ferber
). In an amicus brief, the ACLU argued that the law in question "has criminalized the dissemination, sale or display of constitutionally protected non-obscene materials which portray juveniles in sexually related roles," while arguing that child pornography deemed obscene
under the Miller test
deserved no constitutional protection and could be banned.
In 1997, ruling unanimously in the case of Reno v. American Civil Liberties Union
the Supreme Court voted down anti-indecency provisions of the Communications Decency Act
(the CDA), finding they violated the freedom of speech provisions of the First Amendment
. In their decision, the Supreme Court hold that the CDA's "use of the undefined terms 'indecent' and 'patently offensive' will provoke uncertainty among speakers about how the two standards relate to each other and just what they mean."
2000–present
In November 2000, 15 African American residents of Hearne, Texaswere indicted on drug charges after being arrested in a series of "drug sweeps". The ACLU filed a class action lawsuit, Kelly v. Paschall, on their behalf, alleging that the arrests were unlawful. The ACLU contended that 15 percent of Hearne's male African American population aged 18 to 34 were arrested based on the "uncorroborated word of a single unreliable confidential informant coerced by police to make cases." On May 11, 2005, the ACLU and Robertson County announced a confidential settlement of the lawsuit, an outcome which "both sides stated that they were satisfied with." The District Attorney dismissed the charges against the plaintiffs of the suit. The 2009 film American Violet
depicts this case.
In a 2002 letter, the ACLU stated that it "opposes child pornography that uses real children in its depictions", but that material "which is produced without using real children, and is not otherwise obscene, is protected under the First Amendment".
In March 2004, the ACLU, along with Lambda Legal
and the National Center for Lesbian Rights
, sued the state of California on behalf of 6 same-sex couples who were denied marriage licenses. That case, Woo v. Lockyer, was eventually consolidated into In re Marriage Cases
, the California Supreme Court case which led to same-sex marriage being available in that state from June 16, 2008 until Proposition 8
was passed on November 4, 2008.
During the 2004 trial regarding allegations of Rush Limbaugh
's drug abuse, the ACLU argued that his privacy should not have been compromised by allowing law enforcement examination of his medical records.
In June 2004, the ACLU received numerous phone calls from angry parents after the Dover Area School District
in Dover, Pennsylvania
passed a curriculum change requiring that its high school biology students be read a one-minute statement saying that the theory of evolution
is not fact and mentioning intelligent design
as an alternative theory. Believing that the school was promoting a religious idea in the classroom and violating the Establishment Clause of the First Amendment
, several Dover parents called the ACLU to discuss a possible lawsuit against the school. The ACLU, along with Americans United for Separation of Church and State
and Pepper Hamilton, LLP, went on to represent the parents, the plaintiffs, in Kitzmiller v. Dover Area School District
. After a more than 40-day trial, Judge John E. Jones III
ruled in favor of the plaintiffs, finding that intelligent design is not science and permanently forbidding the Dover school system from teaching intelligent design in science classes.
In January 2006, the ACLU filed a lawsuit, ACLU v. NSA
, in a federal district court in Michigan, challenging government spying in the NSA warrantless surveillance controversy
. On August 17, 2006, that court ruled that the warrantless wiretapping program is unconstitutional and ordered it ended immediately. However, the order was stayed pending an appeal. The Bush administration did suspend the program while the appeal was being heard. In February 2008, the U.S. Supreme Court "turned down an appeal from the [ACLU] to let it pursue a lawsuit against the program that began shortly after the Sept. 11 terror attacks".
The ACLU and other organizations also filed separate lawsuits around the country against telecommunications companies. The ACLU filed a lawsuit in Illinois (Terkel v. AT&T) which was dismissed because of the State Secrets Privilege
and two others in California requesting injunctions against AT&T
and Verizon
. On August 10, 2006, the lawsuits against the telecommunications companies were transferred to a federal judge in San Francisco.
After the town of Hazleton, Pennsylvania
passed an ordinance to punish landlords who rented to illegal immigrants and businesses who hired illegal immigrants, the ACLU and the Puerto Rican Legal Defense and Education Fund sued Hazleton, saying the ordinance was unconstitutional. On July 26, 2007, a federal court agreed and struck down the Hazleton ordinance; Hazleton's mayor promised to appeal the decision.
In 2008, the ACLU stated that it would represent defendants arrested in Flint, Michigan
for disorderly conduct
when sagging
(wearing pants low enough to show underwear), partly on the basis of unconstitutional racial profiling
.
After the City of Indianapolis
, Indiana
, began cracking down on when, where and how homeless persons can solicit donations, the ACLU sued Indianapolis, claiming the city's police unconstitutionally forced homeless persons to produce identification without probable cause.
In January 2010, the American military released the names of 645 detainees held at the Bagram Theater Internment Facility
in Afghanistan, modifying its long-held position against publicizing such information. This list was prompted by a Freedom of Information Act
lawsuit filed in September 2009 by the ACLU, whose lawyers had also requested detailed information about conditions, rules and regulations.
The ACLU represents a Muslim-American who was detained but never accused of a crime in Al-Kidd v Ashcroft
, a civil suit against the former Attorney General.
See also
- American Civil Rights UnionAmerican Civil Rights UnionThe American Civil Rights Union is a civil liberties organization founded by former Reagan Administration official Robert B. Carleson in 1998. It was founded in response to views that the most prominent civil liberties organization, the American Civil Liberties Union, was too leftward leaning; ACRU...
- British Columbia Civil Liberties AssociationBritish Columbia Civil Liberties AssociationThe British Columbia Civil Liberties Association or BCCLA is a non-government organization in British Columbia, Canada dedicated to the preservation, maintenance and extension of civil liberties and human rights in Canada....
- Canadian Civil Liberties AssociationCanadian Civil Liberties AssociationThe Canadian Civil Liberties Association or CCLA, is Canada's leading national organization devoted to the defence of civil liberties and constitutional rights, both inside and outside the courts. The organization's work focuses on constitutional litigation, law reform, advocating on civil...
- Freedom (political)Freedom (political)Political freedom is a central philosophy in Western history and political thought, and one of the most important features of democratic societies...
- Liberty (pressure group)Liberty (pressure group)Liberty is a pressure group based in the United Kingdom. Its formal name is the National Council for Civil Liberties . Founded in 1934 by Ronald Kidd and Sylvia Crowther-Smith , the group campaigns to protect civil liberties and promote human rights...
- National Emergency Civil Liberties CommitteeNational Emergency Civil Liberties CommitteeThe National Emergency Civil Liberties Committee was an organization formed in 1951 to "to reestablish the freedoms guaranteed by the U.S. Constitution and The Bill of Rights", and was called the Emergency Civil Liberties Committee until 1968...
- New York Civil Liberties UnionNew York Civil Liberties UnionThe New York Civil Liberties Union is an civil rights organization in the United States. Founded in 1951 as the New York affiliate of the American Civil Liberties Union, it is a not-for-profit, nonpartisan organization with nearly 50,000 members across New York State.NYCLU's stated mission is to...
- Southern Poverty Law CenterSouthern Poverty Law CenterThe Southern Poverty Law Center is an American nonprofit civil rights organization noted for its legal victories against white supremacist groups; legal representation for victims of hate groups; monitoring of alleged hate groups, militias and extremist organizations; and educational programs that...
External links
- ACLU official site
- American Civil LIberties Union on twitter
- The ACLU Freedom Files TV series
- Debs Pamphlet Collection, Indiana State University Library. – an array of annual ACLU reports in pdf format.