Difference between revisions of "American Civil Liberties Union" - New World Encyclopedia

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[[Image:Antonio Villaraigosa.jpg|right|thumb|260px|Los Angeles Mayor Antonio Villaraigosa speaking at an ACLU event. Villaraigosa is a former director of the ACLU Southern California affiliate.]]
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The '''American Civil Liberties Union''' ('''ACLU''') is a major national non-profit organization based in [[New York City]], 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]]."<ref>American Civil Liberties Union About Us American Civil Liberties Union Web Site [https://www.aclu.org/about/index.html] </ref>  It works through litigation, legislation and community education. <ref>American Civil Liberties Union About Us American Civil Liberties Union Web Site [https://www.aclu.org/about/index.html]</ref>
 
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[[Lawsuit]]s brought by the ACLU have been influential in the development of [[U.S. constitution]]al law. The ACLU provides [[lawyer]]s and legal expertise in cases in which it considers civil liberties to be at risk. In many cases where it does not provide legal representation, the ACLU submits ''[[amicus curiae]]'' [[brief (law)|briefs]] in support of its positions. According to its annual report, the ACLU has over 500,000 members as of the end of 2005.  
 
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The ACLU has never officially supported or opposed a political candidate, and is not aligned with any political party, though it has been harshly critical of various elected officials of both the [[Democratic Party (United States)|Democratic Party]] and the [[Republican Party (United States)|Republican Party]] over the years. Outside of its legal work, the organization has also engaged in [[lobbying]] of elected officials and civil liberties [[activism]] [http://action.aclu.org/site/PageServer?pagename=AP_action_homepage]. The ACLU is one of the most influential [[non-governmental organizations]] (NGOs) in the United States today; often controversial, its stances have engendered criticism from both sides of the political spectrum.
 
  
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The '''American Civil Liberties Union''' (ACLU) is a national non-profit organization based in [[New York City]], 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." The ACLU is one of the most influential [[non-governmental organization]]s (NGOs) in the [[United States]], working through litigation, legislation, and community education. Lawsuits brought by the ACLU have been influential in the development of U.S. [[constitutional law]]. The ACLU provides [[lawyer]]s and legal expertise in cases in which it considers civil liberties to be at risk. In many cases, where it does not provide legal representation, the ACLU submits ''[[amicus curiae]]'' briefs in support of its positions. Aside from its legal involvement, the ACLU also engages in aspects of political [[lobbying]] and civil liberties activism. However, the ACLU has never officially supported or opposed a political candidate, and is not aligned with any political party. The ACLU plays an important role in American society, defending the rights of those individuals perceived to be at risk. Nevertheless, to be truly effective in caring for each person, those responsible for leading society should do so with a mature, parental heart out of concern for each individual's well-being, with the result that each person would respond with trust and work toward the betterment of society. Under such circumstances, the role of the ACLU would be less that of a "watchdog" and more of a guide.
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{{toc}}
 
==History==
 
==History==
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In 1917, [[Roger Nash Baldwin]] became head of the [[National Civil Liberties Bureau]] (NCLB), an independent outgrowth of the [[American Union Against Militarism]], which 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 [[Sedition Act of 1918]]. In 1920, the NCLB changed its name to the American Civil Liberties Union, with Baldwin continuing as its director. [[Crystal Eastman]] and [[Albert DeSilver]], along with other former members of the NCLB, assisted Baldwin with the founding of the ACLU. [http://www.aclu.org/about/index.html]
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===Early History===
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In 1917, [[Roger Nash Baldwin]] became head of the National Civil Liberties Bureau (NCLB). An independent outgrowth of the American Union Against Militarism, the NCLB opposed American intervention in [[World War I]]. The bureau also provided legal counsel for [[conscientious objector]]s and those being prosecuted under the Espionage Act of 1917 or Sedition Act of 1918. In 1920, the NCLB changed its name to the American Civil Liberties Union, with Baldwin remaining director. [[Crystal Eastman]] and Albert DeSilver, along with other former members of the NCLB, assisted Baldwin in the founding of the ACLU.  
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In the year of its birth, the ACLU was formed to protect aliens threatened with [[deportation]], and 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 [[trade union|labor union]]s to meet and organize.
 
  
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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 [[totalitarian dictatorship]] in any country, or who by his public declarations indicates his support of such a principle." [http://www.aclu-mass.org/about/about_history.html] [http://infoshare1.princeton.edu/libraries/firestone/rbsc/finding_aids/aclu1920/] 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 of the USA]] and the [[IWW]] [http://www.harvardsquarelibrary.org/unitarians/baldwin.html]. The ACLU has been criticized by some of its later members for this policy, and in the 1960s there was an internal push to remove this prohibition. [http://volokh.com/archives/archive_2005_09_04-2005_09_10.shtml#1126047007]
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When established, the ACLU was responsible for the protection of U.S. nationals threatened with [[crime|criminal]] charges for their [[communism|communist]] or [[socialism|socialist]] associations. The organization also sought to protect foreign citizens threatened with [[deportation]], and opposed attacks on the rights of [[labor union]]s to meet and organize.  
  
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In the 1988 presidential election, then-[[Vice President]] [[George H.W. Bush]] called then-[[Governor]] [[Michael Dukakis]] a "card-carrying member of the ACLU," which Dukakis proudly acknowledged. [http://www.pbs.org/newshour/debatingourdestiny/dod/1988-broadcast.html] It now serves as a jocular recruitment slogan for the ACLU.
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In 1940, the ACLU formally barred members of the Communist party from attaining leadership positions within the organization and would declare it inappropriate for any ACLU member to support a totalitarian dictatorship. Later that same year, the ACLU would ban all members associated with the Communist party.
  
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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]], led to a 20% increase in membership between August 2001 and December 2002, when its total enrollment reached 330,000 [http://www.post-gazette.com/localnews/20021202aclusidebarp8.asp]. The growth has continued; in August 2004, ACLU membership was at 400,000 [http://www.madison.com/tct/news/images/index.php?ntid=7175&ntpid=0].
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Led by Baldwin, a former Communist, the purge began with the ousting of [[Elizabeth Gurley Flynn]], a member of both the United States Communist Party and the Industrial Workers of the World (IWW). In later years, the ACLU experienced self-criticism for the enactment of these policies, and in 1960 there was an internal push to remove the prohibition.
  
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The ACLU has been a vocal opponent of the PATRIOT Act of 2001, the [[Domestic Security Enhancement Act of 2003|PATRIOT 2]] Act, and associated legislation made in response to the threat of domestic terrorism, that it believes violates either the letter or the spirit of the [[United States Bill of Rights|U.S. Bill of Rights]]. In response to a requirement of the PATRIOT Act, the ACLU withdrew from a Federal Donation Program that provides matching funds from the federal government for federal employees. The requirement was that ACLU employees must be checked against a federal anti-terrorism watch list. The ACLU estimates that it will lose approximately $500,000 in such contributions.
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ACLU affiliate [[Ruth Bader Ginsburg]], a Justice of the [[Supreme Court of the United States|U.S. Supreme Court]], founded the ACLU’s Women's Rights Project in 1972.
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''See also:'' [[ACLU v. Ashcroft (2004)]]
 
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<!--Need more here on PATRIOT Act challenges, and ACLU activities post-9/11 in general, including stats on increase in membership.—>
 
  
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In April, 2006, the American Civil Liberties Union is weighing new standards that would discourage its board members from publicly criticizing the organization's policies and internal administration. *[http://www.nytimes.com/2006/05/24/us/24aclu.html?ex=1306123200&en=cd8a5fd1f6941a5d&ei=5090&partner=rssuserland&emc=rss]
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===Membership===
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In the 1988 presidential election, then-Vice President [[George H. W. Bush]] called then-Governor Michael Dukakis a "card-carrying member of the ACLU," which Dukakis was quick to acknowledge. This label now serves as a jocular recruitment slogan for the ACLU.  
  
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[[Image:Antonio Villaraigosa.jpg|right|thumb|260px|[[Los Angeles]] Mayor [[Antonio Villaraigosa]] speaking at an [[ACLU]] event.  Villaraigosa is a former director of the ACLU Southern California affiliate.]]
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Following the [[9/11|September 11, 2001 attacks]] on the United States, and the passage of the 2001 USA Patriot Act, the ACLU experienced a 20 percent increase in membership raising its total enrollment to 330,000 between August 2001 and December 2002. The growth has continued; in August 2004, ACLU membership was reported at 400,000.
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==Leadership==
 
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Currently, the leadership of the ACLU includes Executive Director [[Anthony Romero]], President [[Nadine Strossen]], and Legal Director [[Steven Shapiro]]. Notably, [[Ruth Bader Ginsburg]], a current Justice of the [[Supreme Court of the United States|U.S. Supreme Court]], founded the ACLU's Women's Rights Project in 1972.
 
  
 
==Structure==
 
==Structure==
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Although the ACLU has its national headquarters located in New York City, the organization does most of its work through locally based affiliates, organized into fifty state chapters. These affiliates maintain a certain amount of autonomy from the national organization, and are able to work independently from each other. Many of the ACLU's cases originate from the local level and are handled by lawyers from the local affiliates.
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Though the national headquarters of the ACLU are based in New York City, the organization does most of its work through local affiliations, which are organized into fifty state chapters. These chapters maintain a certain amount of autonomy from the national organization, and are able to work independently from each other. The majority of the ACLU's legal cases originate at the local level, and are handled by [[lawyer]]s of the local chapters.  
  
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The ACLU's involvement in the internment of Japanese in the United States during World War II, which bears on the question of the autonomy of local ACLU chapters, is often misunderstood or misrepresented. There are differing ideas on the role the ACLU took, some have argued that the ACLU remained silent on the issue. Still others have claimed that the national branch of the ACLU threatened to revoke the chapter status of the ACLU of Northern California for defending Toyosaburo Korematsu in the Supreme Court in [[Korematsu v. United States]], {{ussc|323|214|1944}}. These arguments are hard to square with the fact that the national branch of the ACLU actually filed a brief of amicus curiae with the court on behalf of Mr. Korematsu.
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The autonomy of local ACLU chapters has often been discredited when examining the ACLU’s controversial involvement in the [[World War II]] internment of Japanese-American citizens. The position taken by the national branch during this period is often a topic of debate. While many affiliates maintain that the ACLU remained silent on the issue of internment, others argue that the organization discouraged its local chapters, in particular its northern California branch, to participate in the defense of interned Japanese. During this period the ACLU was rumored to have threatened to revoke the chapter status of its northern California affiliation when it agreed to defend Toyosaburo Korematsu in the controversial case ''Korematsu v. United States.'' Despite the questionable legitimacy of these arguments, the ACLU is recorded as filing a [[brief]] of ''[[amicus curiae]]'' (friend of the court) with the court, and offered information on behalf of the plaintiff to assist in the efforts of Korematsu.
  
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In fact, the ACLU argued that some internments may have been necessary for the security of the nation, but that by interning Americans without giving them a hearing, the military was violating their right to due process. The ACLU argued that the internments should have civilian oversight, instead of military,  and that the Japanese in the camps had been interned on the basis of racial discrimination.
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Following the case, the ACLU publicly maintained that some internments may have been necessary for measures of national security, though the internment of all Japanese-Americans without a due hearing violated the legal rights of the interned individuals. The ACLU argued that the internments lacked civilian oversight and had occurred on the basis of [[racism|racial discrimination]].  
  
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State chapters remain the basic unit of the ACLU's organization. In a twenty month period beginning January 2004, the ACLU's [[New Jersey]] chapter, to take one example, 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. The [[New York Civil Liberties Union]], the New York State chapter, has 35,000 members and is among the most prominent state chapters.
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State chapters remain the basic unit of the ACLU's organization. For example, according to a 2006 annual report covering a period of 20 months, the ACLU's New Jersey chapter was affiliated with 51 cases: 35 at the state level and 16 at the federal level. In 34 of those cases, the New Jersey chapter provided legal representation. In the remaining 17, the chapter served as ''amicus'' counsel, providing third-party information on the behalf of an affiliated party. The chapter listed 44 volunteer attorneys who assisted the ACLU in those cases. The organization’s New York chapter, the New York Civil Liberties Union, has more than 35,000 members and is among the most prominent of the ACLU state chapters.
  
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==Positions==
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==Funding==
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The ACLU's stated mission is to defend the rights of all citizens as enshrined in the [[Bill of Rights]] of the United States Constitution.  While the bulk of the ACLU's cases involve the [[First Amendment]], [[Equal Protection]], [[Due Process]], and the [[Privacy|right to privacy]] (see, ''e.g.'', the [[Louisiana]] chapter [http://www.laaclu.org/Complaints/complaints.html]), the organization has taken positions on a wide range of controversial issues. Broadly, the ACLU supports:
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===Donations===
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The ACLU and its affiliated branches receive funding from a large number of sources including the [[Ford Foundation|Ford]], [[Rockefeller Foundation|Rockefeller]], and [[Andrew Carnegie|Carnegie]] foundations. The distribution and amount of funding that each branch receives varies according to state. Though larger chapters, like the ACLU New Jersey, can generate a substantial income, smaller chapters, such as the ACLU Nebraska, with access to fewer resources, often receive subsidies from the national branch.
  
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*[[separation of church and state in the United States|separation of church and state]]; under this mandate, the ACLU:
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On occasion, the ACLU has refused financial donations due to attached conditions. The organization rejected a $1.5 million donation from both the Ford and Rockefeller foundations because it viewed a clause in the donation agreement as a threat to civil liberties. The ACLU also withdrew from a federal charity drive when taking a stance against an attached condition that the organization would "not knowingly hire anyone on terrorism watch lists." As a result, it lost an estimated $500,000 in charity contributions.
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**Opposes the government-sponsored display of religious symbols on [[public property]];
 
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**Opposes official prayers, religious ceremonies, or [[moment of silence|moments of silence]] in public schools or schools funded with public [[money]];
 
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*full [[freedom of speech]] and of the press, including school [[newspaper]]s;
 
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*[[reproductive rights]], including the right to use [[contraception]] and to have an [[abortion]];
 
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*full civil rights for [[homosexuality|homosexuals]], including government benefits for homosexual couples equal to those provided for heterosexual ones;
 
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*[[affirmative action]] as a means of redressing past discrimination and achieving a racially diverse student body [http://www.aclu.org/RacialEquality/RacialEqualityMain.cfm];
 
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*the rights of [[defendant]]s and suspects against [[Constitutionality|unconstitutional]] [[police]] practices;
 
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*the [[decriminalization]] of [[recreational drug use|drugs]] such as [[heroin]], [[cocaine]] and [[marijuana]] [http://www.aclu.org/DrugPolicy/DrugPolicy.cfm?ID=12401&c=19];
 
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*[[privacy]] as it "works to preserve the American tradition that the government not track individuals or violate privacy unless it has evidence of wrongdoing." [http://aclu.org/privacy/index.html]
 
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*[[immigration|immigrant's]] rights by "challenging unconstitutional laws and practices, countering the myths upon which many of these laws are based." [http://aclu.org/immigrants/index.html]
 
  
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The ACLU has opposed some campaign finance laws such as the [[Bipartisan Campaign Reform Act]], which it considers an inappropriate restriction upon freedom of expression. It does not, however, have a blanket opposition to all laws on campaign finance.
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===Legal Awards===
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While there remain restrictions on how legal fees may be collected, the ACLU receives substantial monetary awards in the events of favorable legal judgments. The awarding of legal fees to the ACLU, however, remains highly controversial. Groups like the American Legion have taken stances opposing the ACLU's right to collect fees involving cases of civil rights. Regardless, the recovery of legal fees by non-profit advocacy organizations remains common practice across the political spectrum.
  
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The official policy of the national ACLU argues that the [[Second Amendment to the United States Constitution|second amendment]] is "intended mainly to protect the right of the states to maintain militias to assure their own freedom and security against the central government" and is not intended to "confer an unlimited right upon individuals to own guns or other weapons." [http://www.aclu.org/PolicePractices/PolicePractices.cfm?ID=9621&c=25] The ACLU has generally avoided taking gun-related cases, and this has occasioned criticism by those who consider their interpretation of the amendment to be far "softer" than its "hard-line" stances on other parts of the law.
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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 may not be required to pay monetary damages except by an explicit statutory waiver. Nonetheless, the ACLU has been awarded significant financial judgments when challenging governmental bodies in specific regards to the separation of [[church and state]].  
  
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The ACLU has been noted for vigorously defending the right to express unpopular, controversial, and extremist opinions on both the left and right. Some have expressed the view that the ACLU sometimes plays a role comparable to that played by [[public defender]]s, helping to ensure that even unpopular defendants receive due process.
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The ACLU Georgia was awarded $150,000 in fees after suing a county courthouse for the removal of a [[religion|religious]] display. A removal of a second religious display within the same state led to a later judgment of $74,462. The state of Tennessee was required to pay $50,000, the state of Alabama $175,000, and the state of Kentucky $121,500, in three separate cases of illegal religious displays.  
  
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==Notable cases==
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Various judgments awarded to the ACLU and its state chapters have resulted from the undertaking of a wide variety of cases involving [[creationism]], [[internet]] [[pornography]], the separation of church and state, and free speech. Total annual awards have been estimated to reach approximately $2.9 million. Despite its fiscal rewards, in taking on highly contentious cases, the ACLU leaves itself significantly vulnerable to potentially damaging judgments if the organization was found to be filing a lawsuit deemed frivolous.
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Since its founding, the ACLU has been involved in many cases (see the [[List of ACLU Cases]] for a fuller list). A few of the most significant are discussed here.
 
  
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In 1925, the ACLU persuaded [[John T. Scopes]] to defy [[Tennessee]]'s anti-[[evolution]] law in a court test. [[Clarence Darrow]], a member of the ACLU National Committee, headed Scopes' legal team. 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.
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==Positions==
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The stated mission of the American Civil Liberties Union is to defend the rights of all citizens, as enshrined in the [[U.S. Bill of Rights|Bill of Rights]] of the [[United States Constitution]]. While the majority of the organization’s cases involve the First Amendment, equal protection, due process, and the right to privacy, the ACLU has taken positions on a wide range of controversial issues.  
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In 1942, a few months after the [[Japan]]ese attack on [[Pearl Harbor]], the ACLU affiliates on the West Coast became some of the sharpest critics of the government's policy on enemy aliens and U.S. citizens descended from enemy ancestry. This included the relocation of [[Japanese American Internment|Japanese-American citizens]], [[internment]] of aliens, prejudicial curfews (''[[Hirabayashi v. United States]]'', 1943), and the like. However, the national board of the ACLU dodged the issue, taking a mildly pro-government position: it accepted the internment in principle and only demanded that relocatees, once "cleared" of any suspicion of wrongdoing, be released from the concentration camps in which they were held.
 
  
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<!--missing blurb on its 1947 case which brought the idea of the separation of church and state into American legal practice-->
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The ACLU publicly supports the separation of [[church and state]], and has voiced opposition to government-sponsored displays of [[religion]] on public properties and within [[public school]]s. The organization also opposes official [[prayer]]s, religious ceremonies, or moments of silence held in public school buildings or [[school]]s funded with public money. The ACLU defends full freedoms of speech and of the press, including school-affiliated [[newspaper]]s.  
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In 1954, the ACLU played a role in the case of ''[[Brown v. Board of Education]]'', which led to the ban on segregation in U.S. [[public school]]s.
 
  
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In 1973, the organization was the first major national organization to call for the [[impeachment]] of President [[Richard M. Nixon]], giving as reasons the violation by the Nixon administration 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 [[abortion]]s.
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The organization also supports full reproductive rights, including [[contraception]] and [[abortion]], full civil rights for [[homosexuality|homosexual]] individuals and couples, [[affirmative action]] as a means of redressing past discrimination and achieving racial diversity, and the protection of defendants and suspects from unconstitutional legal practices.  
  
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In 1977, the ACLU filed suit against the Village of [[Skokie, Illinois]], seeking an injunction against the enforcement of three town ordinances outlawing [[Nazism|Nazi]] parades and demonstrations (Skokie had a large [[Jew]]ish population). A federal district court struck down the ordinances in a decision eventually affirmed by the [[U.S. Supreme Court]]. The ACLU's action in this case led to the resignation of about 15 percent of the membership from the organization (25 percent in [[Illinois]]), especially of [[Judaism|Jewish]] members. A cutback in its activities was avoided by a special mailing which elicited $500,000 in contributions.
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More controversially, the organization has [[lobbying|lobbied]] for the decriminalization of illegal substances such as [[heroin]], [[cocaine]], and [[marijuana]]. The ACLU also believes in the right to privacy as working to protect the American tradition by disallowing the government to track individuals without [[evidence]]. The organization also supports the protection of immigrant rights.
  
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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."
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The ACLU challenges legislation considered unconstitutional. It has opposed some laws regarding campaign finance, such as the Bipartisan Campaign Reform Act, which it considers an inappropriate restriction upon the freedom of expression.  
  
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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.
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The official policy of the national ACLU also argues that the intent of the Second Amendment is to protect the right of states to maintain arms to assure their security against the central government, but is not intended as an individual right to possess [[firearm]]s. The ACLU has generally avoided accepting firearm-related cases, and has endured occasional criticism by those who consider their interpretation of the Second Amendment to be too strict.  
  
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In 2006 in [[ACLU v. NSA]], the ACLU challenged government spying in the [[NSA warrantless surveillance controversy]].
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The ACLU has been noted for vigorously defending the right to express unpopular, controversial, and extremist opinions on both sides of the spectrum. Many supporters of the ACLU view the organization as playing a role comparable to that of public defenders, helping to ensure that even unpopular defendants receive due process.
  
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==Funding==
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==Notable Cases==
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The ACLU receives funding from a large number of sources; the distribution and amount of funding for each chapter varies from state to state. To take one particular example, the ACLU of [[New Jersey]] reported $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 chapters with fewer resources, such as that in [[Nebraska]], receive subsidies from the national ACLU [http://www.aclunebraska.org/faq.htm#10].
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Since its foundation, the ACLU has taken part in a number of controversial cases. A few of the most significant are discussed here.  
  
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The ACLU and its affiliated tax-exempt foundation receive annual support from the [[Ford Foundation|Ford]], [[Rockefeller Foundation|Rockefeller]], [[Carnegie Foundation|Carnegie]], [[Field Foundation|Field]], [[Tides Foundation|Tides]], [[Gill Foundation|Gill]], [[Arcus Foundation|Arcus]], [[Horizons Fund|Horizons]], and other foundations.  However, recently the ACLU rejected $1.5 million from both the Ford and Rockefeller Foundations because it viewed a clause in the donation agreement stipulating that "none of the money would go to underwriting terrorism or other unacceptable activities" as a threat to civil liberties.  The ACLU also withdrew from a federal charity drive, losing an estimated $500,000, taking a stand against the attached condition that it would "not knowingly hire anyone on terrorism watch lists." Other key donors include [[Peter B. Lewis]] (an insurance magnate) [http://www.nytimes.com/2005/12/08/national/08aclu.html].
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'''[[Scopes Trial]]'''
  
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It is sometimes asserted that the ACLU collects legal fees in the event that they are involved on the winning side of a legal judgment [http://stoptheaclu.com/archives/2005/08/05/christian-group-asks-congress-to-investigate-aclu-for-frivolous-dangerous-lawsuits/]. As described in greater detail below, while there are restrictions on how fees may be collected, the ACLU has in a number of cases indeed received substantial monetary awards.
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In a 1925 court test, the ACLU persuaded teacher John T. Scopes to defy the state of Tennessee's Butler Act, which outlawed the [[teaching]] of [[evolution]] within [[school]]s. [[Clarence Darrow]], a member of the ACLU National Committee, headed Scopes' legal team. 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.  
  
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The awarding of legal fees to groups like the ACLU in civil rights cases remains highly controversial for some. The Public Expression of Religion Act of 2005, for example, introduced by Representative [[John N. Hostettler]], seeks to alter prior civil rights legislation to prevent monetary judgements in the particular case of violations of church-state separation [http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.2679:], and groups such as the [[American Legion]] have taken stances opposing the ACLU's right to collect fees under such legislation [http://www.legion.org/word/aclu.rtf]. On the other hand, the recovery of legal fees by non-profit legal advocacy organizations is common practice across the political spectrum; the [[pro-life]] [[Thomas More Law Center]], for example, generally seeks, and is successful in, recovery of legal fees in the same manner as the ACLU [http://www.thomasmore.org/news.html?NewsID=227], [http://www.thomasmore.org/news.html?NewsID=383].
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'''Japanese Internment'''
  
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In many cases however, due to the nature of its legal work, the ACLU is involved in litigation against governmental bodies, which are generally protected from adverse monetary judgements: ''i.e.'', 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 [http://www.oyez.org/oyez/resource/case/959/]; [http://www.chainyounger.com/pa_cases_against_government.html#1].
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In 1942, a few months after the [[Japan]]ese attack on [[Pearl Harbor]], ACLU affiliates along the West Coast became some of the sharpest critics of the government's policy regarding enemy [[alien]]s and U.S. citizens descended from enemy ancestry. This included the relocation of Japanese-American citizens, the internment of aliens, prejudicial curfews, and the like. The national branch of the organization, in attempts to dodge the issue, took a mildly pro-government position and accepted the principle of internment, but demanded that those "cleared" of any suspicion of wrongdoing be released from the [[concentration camp]]s in which they were held.  
  
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In some cases, the law does permit plantiffs who successfully sue government agencies to collect damages. In particular, a 1976 Federal law, the Civil Rights Attorney's Fees Awards Act, among other similar laws, does leave the government liable in some civil rights cases. In many cases where the ACLU represents plantiffs, the case is handled not by ACLU attorneys, but by sympathetic law firms who provide their services ''[[pro bono]]''. In these cases, the law firm may sue for legal fees; in such circumstances the money would be awarded to the firm, and not the ACLU. [http://www.stcynic.com/blog/archives/2005/08/volokh_on_stopt.php]
+
'''''Brown v. Board of Education'''''
  
−
These caveats aside, the ACLU and its state chapters do, in cases where they provide legal services and laws permit government liability, share in monetary judgements against government agencies. It shared, for example, with other plantiffs in a $156,960 judgement against the State of [[Nebraska]] in a gay marriage case now on appeal [http://www.journalstar.com/articles/2005/08/02/local/doc42efae0b8e7f7297850171.txt].
+
In 1954, the ACLU played a role in the case of ''[[Brown v. Board of Education]],'' and aided in the banning of [[public school]] [[racial segregation]] throughout the United States.  
  
−
A separate example involves a string of church-state cases. The Georgia chapter was awarded $150,000 in fees after suing a county courthouse for the removal of a [[Ten Commandments]] display [http://www.acluga.org/press.releases/0507/barrow.county.html]; a second Ten Commandments case in the State, in a different county, led to a $74,462 judgment [http://www.acluga.org/docket.html]. 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 [http://www.enquirer.com/editions/2003/07/09/loc_kytencommandments09.html], [http://www.religioustolerance.org/chr_10cb.htm].
+
'''''Roe v. Wade'''''
  
−
The State of [[Kentucky]] was in fact required by courts to pay the ACLU nearly $700,000 in legal fees in the years 1994-2003, mainly for passing abortion and state religion-related laws later struck down by courts [http://www.enquirer.com/editions/2003/07/09/loc_kytencommandments09.html]. Ref. [http://www.reclaimamerica.org/Pages/News/newspage.asp?story=2859] is a partial list of various judgments awarded to the ACLU and its state chapters over the years, which cover a wide variety of cases including judgments involving creationism, internet pornography, church-state and free speech cases, and total approximately $2.9 million. Usually, judgements are made against states, although [[Operation Rescue]] was required to pay the Union $111,000 in fees in a [[San Diego]] case.
+
In 1973, the ACLU was involved in the cases of ''[[Roe v. Wade]]'' and ''Doe v. Bolton,'' in which the [[United States Supreme Court|Supreme Court]] upheld the constitutional right of privacy extended to women seeking [[abortion]]s.  
  
−
When taking on highly contentious cases the ACLU leaves itself liable to potentially damaging judgements against it if it were found to be filing a "frivolous" suit, regardless of whether the government may be liable. [http://volokh.com/archives/archive_2005_07_31-2005_08_06.shtml#1123261056]
+
'''Village of Skokie'''
  
−
==Controversial stances==
+
In 1977, the ACLU filed suit against the Village of Skokie, Illinois, a predominately [[Judaism|Jewish]] community. The organization sought an injunction against the enforcement of three town ordinances that outlawed [[Nazism|Nazi]] parades and demonstrations within the town. A federal district court struck down the ordinances in a decision eventually affirmed by the U.S. Supreme Court. The ACLU's involvements in this case led to the resignation of nearly 15 percent of its affiliates, 25 percent of its Illinois members, and the majority of its Jewish followers. A cutback in its activities was avoided by a special mailing which elicited $500,000 in contributions.  
−
The organization believes that free speech rights must be available to all citizens and residents of the United States.  Therefore, it has taken on unpopular cases to defend the free speech rights of clients such as [[Ku Klux Klan]] members, [[neo-Nazi]] groups, and [[North American Man-Boy Love Association|NAMBLA]], a group which supports legalization of [[pederasty]].
 
  
−
The ACLU has defended [[Frank Snepp]] formerly of the [[Central Intelligence Agency]] (from an attempt of this government agency to enforce a [[gag order]] against him) and Lieutenant Colonel [[Oliver North]] (whose conviction was tainted by coerced testimony&mdash;a violation of his [[Fifth Amendment to the United States Constitution|fifth amendment rights]]).
+
In his February 23, 1978, decision overturning the town ordinances, U.S. District Court Judge Bernard M. Decker described the principle involved in the case as follows:
 +
<blockquote>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.</blockquote>
  
−
The ACLU's stance on [[Spam (electronic)|spam]] is considered controversial by a broad cross-section of political points-of-view. The ACLU has opposed many anti-spam laws, and in 2000 Marvin Johnson, a legislative counsel for the ACLU, claimed that anti-spam laws are a bad idea because "it's relatively simple to click and delete," [http://archives.cnn.com/2000/TECH/computing/06/09/amend.spam.idg/] advice which is rejected by many spam fighters. [http://www.oreilly.com/catalog/spam/chapter/ch01.html] The debate found the ACLU joining with the [[Direct Marketing Association]] and the [[Center for Democracy and Technology]] in criticizing a bipartisan bill in the [[House of Representatives]] in 2000; already by 1997 the ACLU had taken a strong position that nearly all spam legislation was improper [http://www.anu.edu.au/mail-archives/link/link9709/0306.html], although it has supported "[[opt-out]]" requirements in some cases. Most recently the ACLU opposed the 2003 [[CAN-SPAM Act of 2003|CAN-SPAM]] act [http://www.aclu.org/freespeech/commercial/10953leg20030730.html] suggesting the possibility of a [[chilling effect]].
+
'''Arkansas Creationism Statute'''
  
−
In many cases, whether or not a stance is considered controversial depends on other political views the critic may hold.
+
In the 1980s, the ACLU filed suit to challenge the Arkansas 1981 [[Creationism]] Statute, which required [[public school]]s to teach the [[Bible|biblical]] creation story as a scientific alternative to the teachings of [[evolution]]. The law was declared unconstitutional by a Federal District Court.  
  
−
==Critics of the ACLU==
+
'''ACLU v. NSA'''
−
The ACLU's involvement in hundreds of legal cases over the years have led to a great deal of criticism from numerous points of view. In many situations, the criticism may be focused on the ACLU's stance in a particular case or group of cases; in others, the criticism focuses on the general principles that guide the ACLU's choices of which cases to take.
 
  
−
A wide variety of groups oppose some or all of the ACLU's "positions" listed above; several general themes of criticism are discussed here.
+
In 2006, the ACLU filed suit against the National Security Agency in ''ACLU v. NSA.'' The ACLU aimed to challenge government spying in the NSA Warrantless Surveillance Controversy.
  
−
===Conservative critics===
+
==Controversial Stances==
−
The ACLU's most vocal critics are generally those who consider themselves, or are commonly regarded as, [[conservative]]s.  Many of these conservatives allege that the ACLU has not dedicated itself to the defense of constitutional rights, but that it seeks to advance a [[liberal]] agenda.  Some critics point to its opposition to the [[death penalty]], which has been declared constitutional by the [[Supreme Court of the United States]] since 1976, although it had been declared unconstitutional in practice from 1972 to 1976. The ACLU continues to argue that the death penalty violates the [[Eighth Amendment to the United States Constitution|Eighth Amendment]] restriction against "cruel and unusual punishment," the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] guarantee of equal protection, and that it is contrary to [[Universal Declaration of Human Rights|international human rights]] norms.
+
The American Civil Liberties Union believes that the right to freedom of speech must be available to all citizens and residents of the [[United States]]. Therefore, it has taken on controversial cases to defend the free speech rights of organizations such as the [[Ku Klux Klan]], neo-Nazi groups, and NAMBLA, a group which supports legalization of [[pedophilia|pederasty]].  
  
−
The 1980 ''[[Polovchak v. Meese]]'' case is also sometimes considered evidence of liberal sympathies on the part of the ACLU. [[Walter Polovchak]] was from [[Ukraine]], at that time part of the [[Soviet Union]], and when his parents were returning to Ukraine, tried to stay in the US and claim [[refugee|political asylum]] against the wishes of his parents. The ACLU attempted to block him from doing so. In 1999 the Florida chapter of the ACLU referred to the ACLU's role in the Polovchak case in their brief for the [[Elián González]] case.
+
The ACLU has defended former member of the [[Central Intelligence Agency]] Frank Snepp from an attempt by the CIA to enforce a gag order against him. Lieutenant Colonel Oliver North, whose conviction violated Fifth Amendment rights by including coerced testimony, was also defended by the ACLU.  
  
−
Critics also argue that the ACLU has not been consistent in defending all civil liberties, pointing out that it is not active in protecting [[Gun politics in the US|gun rights]]. Critics claim gun rights enjoy similar constitutional protection to other civil rights and should be treated equally by the ACLU if it is not motivated by a partisan agenda. The organization declares itself officially "neutral" on the issue of gun control, pointing to previous Supreme Court decisions such as ''[[United States v. Miller]]'' to argue that the [[Second Amendment]] applies to the preservation or efficiency of a well-regulated militia, and that "except for lawful police and military purposes, the possession of weapons by individuals is not constitutionally protected." [http://www.aclu.org/PolicePractices/PolicePractices.cfm?ID=9621&c=25]
+
The ACLU has also been a vocal opponent of congressional acts created in response to the threat of domestic [[terrorism]]. According to the organization, legislation including the Patriot Act and the Patriot 2 Act violate the objectives of the [[U.S. Bill of Rights]]. In reaction to the passing of the Patriot Act, the ACLU withdrew from a federal donation program that matched funds donated by federal employees with government donations. The ACLU withdrew from the said donation program in response to a clause contained within the Patriot Act regulating that all ACLU employees be checked against a federal anti-terrorism watch list.  
  
−
Some critics argue that this position is inconsistent with their stated philosophy, and have suggested that the ACLU may only adopt this stance to appease liberal-leaning supporters of the group who happen to also support gun control. Critics also point out that the ACLU does not take up cases that involve possible abuses by the [[Bureau of Alcohol, Tobacco, Firearms and Explosives|ATF]] that go beyond the debate over the private ownership of firearms. [http://www.civilrightsunion.org/acluwatch/socalledgun.htm] The ACLU has been involved in a few gun rights cases; most recently the ACLU of Texas joined with the [[National Rifle Association|NRA]] in favor of a proposed Texas law, HB 823, in 2006, and claiming that current legislation allowed for the harassment of gun owners [http://gritsforbreakfast.blogspot.com/2005/03/pack-your-pistola-and-hit-road.html].
+
==Critics of the ACLU==
 +
The ACLU's involvement in numerous legal cases throughout its existence has led to a great deal of disapproval from people holding a variety of viewpoints. Many critics focus on the organization’s stance regarding a particular case or group of cases, while others choose to criticize the general principles that guide the ACLU's decisions to become involved with certain cases.  
  
−
In 1982, the ACLU became involved in a case involving the distribution of [[child pornography]] (''New York v. Ferber, 458 U.S. 747'' [http://www.oyez.org/oyez/resource/case/279/].) In a controversial amicus brief, the ACLU argued that the [[New York State]] 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 [http://campus.westlaw.com/Find/Default.wl?SerialNum=1982191934&FindType=Y&AP=0-2&ReturnTo=CLID_RT4918149&POP=False&IT=BRIEF&TF=15&TC=1&mt=CampusLegal&fn=_top&sv=Split&vr=2.0&sp=princeton-2000&rs=WLW5.09]. The ACLU's stance on this case has drawn great criticism from conservatives [http://euphoria.jarkolicious.com/journal/2005/06/16/516/]. In a 2002 letter, the ACLU stated that it "opposes child pornography that uses real children in its depictions" [http://www.aclu.org/Privacy/Privacy.cfm?ID=10364&c=252].
+
Many critics of the ACLU have constructed alternative "backronyms" to express their dislike for the organization. The ACLU has been sarcastically referred to as the “American Criminal Lawyer Union” and the "American Communist Lawyers Union." The organization has also been labeled anti-[[Christianity|Christian]], [[atheism|atheist]], [[commmunism|Communist]], [[homosexuality|lesbian]], aligned with [[Lucifer]], and overly litigious.
  
−
The group has also come under fire, again mostly from conservative critics, for fighting against [[Megan's Law|Megan’s Law]], a law ostensibly enacted to protect children from sex offenders. Though the ACLU has fought Megan’s Law(s) in many states, it has been unable to attain significant victories in these cases.
+
===Conservative Critics===
 +
The ACLU's most vocal critics are generally those considered conservatives. Many of these conservatives allege that the organization has not dedicated itself to the defense of constitutional rights, but that it seeks to advance a liberal agenda. Some critics base this argument in the ACLU’s opposition to [[capital punishment]]. The ACLU maintains that the death penalty is contrary to the establishment of international [[human rights]], that it violates restriction against cruel and unusual [[punishment]], and that it denies the guarantee of equal protection.  
  
−
[[Bill O'Reilly (journalist)|Bill O'Reilly]] has referred to the ACLU as "the most dangerous organization in America", and as an "anti-American" and "[[fascist]] organization" on his various broadcasts, and frequently [[Bill O'Reilly (journalist)#American Civil Liberties Union|criticizes the group]] [http://mediamatters.org/items/200406080005].
+
Conservative critics also argue that the ACLU has been inconsistent in defending civil liberties equally, citing the organization’s hesitation to protect [[gun]] rights. The ACLU declares itself officially neutral on the issue of gun control, pointing to previous Supreme Court decisions to argue that the Second Amendment applies to the preservation of a well-regulated [[militia]], and “the possession of weapons by individuals is not constitutionally protected." In 2006, the ACLU Texas joined with the [[National Rifle Association]] to claim that current legislation allowed for the harassment of gun owners, but continued to maintain their public neutrality regarding the issue of gun control.  
  
−
[[Michael Medved]] has referred to the ACLU sarcastically as the "American Criminal Lawyer Union", due to its frequent stances at odds with conservatives. The construction of alternative [[backronyms]] is something of a sport; others invented by critics include "American Communist Lawyers Union" [http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=41751]. The group "Stop the ACLU" ran a backronym contest [http://www.stoptheaclu.org/wst_page9.html]. The thirty entries variously implied that the ACLU was atheist, Communist, lesbian, aligned with [[Lucifer]], or overly [[litigation|litigious]]. The most frequent assertion, made in a plurality of eleven entries, was that the union was anti-Christian.
+
The organization has also come under fire, mostly by conservative critics, for fighting against Megan’s Law, a law ostensibly enacted to protect children from sex offenders. Though the ACLU has opposed Megan’s Law for reasons of privacy violations, the organization has been unable to attain significant victories in these cases.  
  
−
===Religious critics===
+
===Religious Critics===
−
At the grassroots level, the ACLU often involves itself in cases involving the [[separation of church and state]].  Therefore, some [[Christians]], including many who may be considered [[conservative Christian]], often take issue with its positions. Many in this community contend that the ACLU is part of an effort to remove all references to religion from American government.
+
Conservative [[Christianity|Christian]]s, citing the ACLU’s involvement in the separation of [[church and state]], often contend that the organization is part of an effort to remove all references to [[religion]] from American government. In minor legal battles, the ACLU has claimed that the presence of religious [[symbol]]s within state or county seals constitutes a government-sponsored endorsement of church and state.  
  
−
In 2004, for example, the ACLU of Southern California (ACLU/SC) threatened to sue the city of [[Redlands, California]] if it did not remove a picture of a cross from the city's seal. The ACLU/SC argued that having a cross on the seal amounted to a government-sponsored endorsement of Christianity and violated separation of church and state.  The city complied with the ACLU/SC and removed the cross from all city vehicles, business cards, and police badges. However, the issue was put on the November 2005 ballot [http://www.redlandsseal.org]. The ACLU/SC also threatened  [[Los Angeles County, California]] if it did not remove an image of a cross from its seal.  As in the Redlands case, the county board complied with the demands and voted to remove the cross from its seal as well. There was a petition against the changing of the seal, which ended on [[August 15]], [[2005]] [http://www.savetheseal.net/].
+
In 2004, the ACLU of southern California threatened to sue the city of Redlands and the county of Los Angeles if it did not remove a religious cross from their official seals. The city and county complied with the organization and removed the symbol from all city vehicles, business cards, and police badges. Religious critics have claimed the organization acts in excessive pursuit of the separation of church and state, and misrepresents the clause’s intended purpose.  
  
−
In [[1990]], [[Pat Robertson]] founded the [[American Center for Law and Justice]], as a counterweight to the ACLU, which is perceived by Robertson as "liberal" and "hostile to traditional [[American values]]"; another non-profit legal center, the [[Thomas More Law Center]], also bills itself as the "Christian answer to the ACLU."
+
In 1990, Pat Robertson founded the American Center for Law and Justice as a counterweight to the ACLU. Robertson claimed the ACLU was "liberal" and "hostile to traditional American values." The Thomas Moore Law Center, a non-profit legal center, also bills itself a "Christian answer to the ACLU."  
  
−
After the [[September 11, 2001 attacks]], the Rev. [[Jerry Falwell]] remarked that the ACLU, by trying to "secularize America," had provoked the wrath of God, and therefore caused those terrorist attacks.  (Falwell later apologized for the remark.)  Other critics of the ACLU do not make such strong accusations, but claim that the organization pushes the concept of separation of church and state beyond its original meaning.  
+
Despite its religious controversy, the ACLU has defended the rights of [[jury|jurors]] to religious expression and the rights of Christian students to distribute religious literature in schools.  
  
−
On the other hand, the ACLU and Jerry Falwell sometimes find themselves on the same side.  Notably, the ACLU filed an amicus brief supporting a suit by Falwell against the state of Virginia. The suit, which was successful, overturned the Virginia constitution's ban on the incorporation of Churches. In addition, the ACLU has defended the rights of a Christian church to run anti-Santa ads on Boston subways, the rights to religious expression by jurors, and the rights of Christian students to distribute religious literature in school. [http://www.aclu.org/ReligiousLiberty/ReligiousLiberty.cfm?ID=17598&c=38]
+
Many minority religious groups, including [[Jehovah Witness]]es and [[Muslim]]s, have at times been defended by the ACLU. In the [[Mormon]] community, the ACLU has been viewed positively by those citing the case ''Santa Fe Independent School District v. Doe.'' The case, litigated by the ACLU, was taken on behalf of a Mormon student concerning school [[prayer]]. The ACLU has also aided the Mormon community in legal cases regarding objections to military service, the reciting of the pledge of allegiance, and a case over doorbell-ringing. Despite these measures, the ACLU has taken harsh criticism from a number of Mormon leaders who strongly oppose the actions of the organization.
  
−
While the ACLU does oppose the use of crosses in public monuments [http://www.signonsandiego.com/uniontrib/20040331/news_7m31soledad.html], [http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43799], there have been false allegations that the ACLU has urged the removal of cross-shaped [[headstone]]s from federal [[cemetery|cemeteries]] and has opposed prayer by [[soldier]]s; such charges have been deemed to be [[urban legend]]s. [http://www.snopes.com/politics/religion/cemetery.asp]
+
===Libertarian Critics===
 +
Though the ACLU has, on occasion, defended the U.S. Libertarian Party, a number of Libertarians and Objectivists oppose the organization for its support of laws viewed distinctly anti-liberty, including [[affirmative action]] and private property anti-discriminatory laws. Many Libertarians argue that private [[business]] owners, and not the government, should hold the authority to decide which customers to serve and which employees to hire, even if these private business owners choose to base such decisions on criteria regarding race or gender.  
  
−
Many minority religious groups like [[Jehovah's Witnesses]] and [[Muslim]]s have at times been defended by the ACLU. In the [[Mormon]] community, the ACLU is viewed positively by some, who cite [[Santa Fe Independent School Dist. v. Doe]], a case litigated by the ACLU on behalf of a Mormon student concerning [[school prayer]] [http://wenger.blogspot.com/2003_08_10_wenger_archive.html#106087652143939285]. However, a good number of Mormons, including some local leaders, are strongly against the activities of the ACLU [http://www.timesandseasons.org/archives/000198.html].
+
Former ACLU member Nat Hentoff has criticized the organization for the promotion of affirmative action, and for the support of what he claims as government-protected liberal speech codes enacted throughout [[college]] campuses and workplace environments.  
  
−
Jehovah's Witnesses were involved in twenty-three Supreme Court [[Jehovah's Witnesses and governments|rulings]] between 1938 and 1946 over religious objections to serving in the armed forces and over saluting the flag and reciting the pledge of allegiance [http://www.commondreams.org/views/022800-105.htm], over local and state ordinances prohibiting the Witnesses from publishing criticisms of the [[Roman Catholic]] church [http://www.commondreams.org/views/022800-105.htm], as well as over government reluctance to prosecute anti-Witness vigilantes; the ACLU was directly involved in these cases [http://www.kansaspress.ku.edu/petjud.html]. The ACLU's involvement with Jehovah's Witnesses continues, and they joined the Witnesses in a 2002 case over doorbell-ringing [http://www.chron.com/disp/story.mpl/nation/1272268.html].
+
Law professor David Bernstein's book ''You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws'' discredits the ACLU for its frequent undermining of expressive rights when in conflict with anti-discrimination laws, as in the 2000 Supreme Court case of ''Boy Scouts of America v. Dale.'' Some Libertarians have formed an organization they describe as the "libertarian ACLU," the Institute for Justice.  
  
−
===Feminist critics===
+
===Feminist Critics===
−
Some [[Anti-pornography movement|anti-pornography activists]], including [[Nikki Craft]] and [[Catharine MacKinnon]], who oppose pornography on [[feminist]] grounds, are also strong critics of the ACLU; in her lifetime, [[Andrea Dworkin]]'s positions on pornography also led her to similar stances. A group, started by Craft in the early 1990s, is called "Always Causing Legal Unrest (ACLU)"; the resultant acronym confusion led the then-director of the Union [[Dorothy M. Ehrlich]] to send a letter of protest [http://www.nostatusquo.com/ACLU/aclu/Ehrlich.html], but the Union did not pursue legal action against Craft's group.
+
Anti-[[pornography]] activists Nikki Craft and Catharine MacKinnon, who oppose pornography on [[feminism|feminist]] grounds, have also voiced their opposition to the ACLU. In the early 1990s, Craft developed an activism group known as the ACLU, which stood for the title "Always Causing Legal Unrest." The acronym confusion led then-director of the American Civil Liberties Union, Dorothy M. Ehrlich, to send a letter of protest, though legal action was not pursued against Craft’s group.
  
−
===Liberal critics===
+
===Liberal Critics===
−
The ACLU has also, though less frequently, been subject to criticism from the [[political left]]. Some critics object to the organization's advocacy for corporations' protection by the Bill of Rights known as [[corporate personhood]], as well as its stance against some campaign finance reform laws.
+
The ACLU has also been subject to criticism from the political left. Some critics object to the organization's advocacy for corporate personhood, or the protection of [[corporation]]s by the [[U.S. Bill of Rights]]. The organization’s stance against campaign finance reform has also led to criticism.
  
−
===Libertarian critics===
+
==Conclusion==
−
While some refer to the ACLU as a [[libertarian]] organization and while the ACLU has defended the [[Libertarian Party (United States)|US Libertarian Party]] in recent cases [http://www.aclu.org/VotingRights/VotingRights.cfm?ID=10305&c=32], a number of libertarians and [[Objectivists]] oppose the ACLU for its support of laws that they view as distinctly anti-liberty, such as [[affirmative action]] and anti-discrimination laws that apply to private property.  One objection held by some libertarians is the belief that private business owners, rather than the [[government]], should have the authority to decide which customers they serve and which employees to hire, even if these private business owners choose to base criteria on such things as race or gender.
+
Despite a flanking of political controversy, attempted government regulation, and decades of historical debate, the American Civil Liberties Union has become one of the United States’ largest non-profit organizations in existence. Since its founding in 1920, the ACLU has relied significantly on the financial donations of union members, affiliates, and sponsoring organizations.  
  
−
Former ACLU member [[Nat Hentoff]] has criticized the organization in a libertarian vein for promoting affirmative action and for supporting what he sees as government protected liberal speech codes enacted on college campuses and the workplace [http://www.jewishworldreview.com/cols/hentoff092099.asp].
+
The founding of the ACLU was intended to preserve the rights of free speech, association and assembly, the separation of [[church and state]], the right to fair and equal treatment, and the right to due process. Decades later, the organization has continued to uphold its founding principles, adjusting with time to include the preservation of individual privacies.  
  
−
Law professor [[David Bernstein]]'s book "You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws" takes the ACLU to task for frequently seeking to undermine expressive rights when they conflict with antidiscrimination laws, as in the 2000 Supreme Court case of [[Boy Scouts of America v. Dale]]. Some libertarians have formed an organization they describe as the "libertarian ACLU" [http://www.lpws.org/spokane/why.htm], the [[Institute for Justice]].
+
In light of extreme criticism and the wake of government interference, the American Civil Liberties Union remains steadfast in the pursuit and protection of individual [[human rights]], maintaining the long-established belief that when the rights of society’s most vulnerable members are denied, the rights of the entire society are endangered.
  
 
== References ==
 
== References ==
−
<references/>
+
*American Civil Liberties Union. “About Us.” American Civil Liberties Union Web Site.
 +
*Sears, Alan, and Craig Osten. 2005. ''The ACLU vs. America: Exposing the Agenda to Redefine Moral Values.'' Nashville, TN: Broadman and Holman Publishers. ISBN 0805440453
 +
*Walker, Samuel. 1999. ''In Defense of American Liberties: A History of the ACLU.'' Carbondale, IL: Southern Illinois University Press. ISBN 0809322706
  
 
==External links==
 
==External links==
 +
All links retrieved July 23, 2023.
  
−
*[http://www.aclu.org Official site]
+
*[http://www.aclu.org ACLU Official site]
−
*[http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12666&c=206 Freedom Under Fire: Dissent in a Post-9/11 America]
 
−
*[http://www.aclu.tv/ The ACLU Freedom Files TV series]
 
−
*[http://www.topix.net/news/aclu ACLU News from Topix.net]
 
  
  
  
 
{{Credit1|American_Civil_Liberties_Union|57254872|}}
 
{{Credit1|American_Civil_Liberties_Union|57254872|}}

Latest revision as of 02:54, 24 July 2023

Los Angeles Mayor Antonio Villaraigosa speaking at an ACLU event. Villaraigosa is a former director of the ACLU Southern California affiliate.

The American Civil Liberties Union (ACLU) is a national non-profit organization based in New York City, 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." The ACLU is one of the most influential non-governmental organizations (NGOs) in the United States, working through litigation, legislation, and community education. Lawsuits brought by the ACLU have been influential in the development of U.S. constitutional law. The ACLU provides lawyers and legal expertise in cases in which it considers civil liberties to be at risk. In many cases, where it does not provide legal representation, the ACLU submits amicus curiae briefs in support of its positions. Aside from its legal involvement, the ACLU also engages in aspects of political lobbying and civil liberties activism. However, the ACLU has never officially supported or opposed a political candidate, and is not aligned with any political party. The ACLU plays an important role in American society, defending the rights of those individuals perceived to be at risk. Nevertheless, to be truly effective in caring for each person, those responsible for leading society should do so with a mature, parental heart out of concern for each individual's well-being, with the result that each person would respond with trust and work toward the betterment of society. Under such circumstances, the role of the ACLU would be less that of a "watchdog" and more of a guide.

History

Early History

In 1917, Roger Nash Baldwin became head of the National Civil Liberties Bureau (NCLB). An independent outgrowth of the American Union Against Militarism, the NCLB opposed American intervention in World War I. The bureau also provided legal counsel for conscientious objectors and those being prosecuted under the Espionage Act of 1917 or Sedition Act of 1918. In 1920, the NCLB changed its name to the American Civil Liberties Union, with Baldwin remaining director. Crystal Eastman and Albert DeSilver, along with other former members of the NCLB, assisted Baldwin in the founding of the ACLU.

When established, the ACLU was responsible for the protection of U.S. nationals threatened with criminal charges for their communist or socialist associations. The organization also sought to protect foreign citizens threatened with deportation, and opposed attacks on the rights of labor unions to meet and organize.

In 1940, the ACLU formally barred members of the Communist party from attaining leadership positions within the organization and would declare it inappropriate for any ACLU member to support a totalitarian dictatorship. Later that same year, the ACLU would ban all members associated with the Communist party.

Led by Baldwin, a former Communist, the purge began with the ousting of Elizabeth Gurley Flynn, a member of both the United States Communist Party and the Industrial Workers of the World (IWW). In later years, the ACLU experienced self-criticism for the enactment of these policies, and in 1960 there was an internal push to remove the prohibition.

ACLU affiliate Ruth Bader Ginsburg, a Justice of the U.S. Supreme Court, founded the ACLU’s Women's Rights Project in 1972.

Membership

In the 1988 presidential election, then-Vice President George H. W. Bush called then-Governor Michael Dukakis a "card-carrying member of the ACLU," which Dukakis was quick to acknowledge. This label now serves as a jocular recruitment slogan for the ACLU.

Following the September 11, 2001 attacks on the United States, and the passage of the 2001 USA Patriot Act, the ACLU experienced a 20 percent increase in membership raising its total enrollment to 330,000 between August 2001 and December 2002. The growth has continued; in August 2004, ACLU membership was reported at 400,000.

Structure

Though the national headquarters of the ACLU are based in New York City, the organization does most of its work through local affiliations, which are organized into fifty state chapters. These chapters maintain a certain amount of autonomy from the national organization, and are able to work independently from each other. The majority of the ACLU's legal cases originate at the local level, and are handled by lawyers of the local chapters.

The autonomy of local ACLU chapters has often been discredited when examining the ACLU’s controversial involvement in the World War II internment of Japanese-American citizens. The position taken by the national branch during this period is often a topic of debate. While many affiliates maintain that the ACLU remained silent on the issue of internment, others argue that the organization discouraged its local chapters, in particular its northern California branch, to participate in the defense of interned Japanese. During this period the ACLU was rumored to have threatened to revoke the chapter status of its northern California affiliation when it agreed to defend Toyosaburo Korematsu in the controversial case Korematsu v. United States. Despite the questionable legitimacy of these arguments, the ACLU is recorded as filing a brief of amicus curiae (friend of the court) with the court, and offered information on behalf of the plaintiff to assist in the efforts of Korematsu.

Following the case, the ACLU publicly maintained that some internments may have been necessary for measures of national security, though the internment of all Japanese-Americans without a due hearing violated the legal rights of the interned individuals. The ACLU argued that the internments lacked civilian oversight and had occurred on the basis of racial discrimination.

State chapters remain the basic unit of the ACLU's organization. For example, according to a 2006 annual report covering a period of 20 months, the ACLU's New Jersey chapter was affiliated with 51 cases: 35 at the state level and 16 at the federal level. In 34 of those cases, the New Jersey chapter provided legal representation. In the remaining 17, the chapter served as amicus counsel, providing third-party information on the behalf of an affiliated party. The chapter listed 44 volunteer attorneys who assisted the ACLU in those cases. The organization’s New York chapter, the New York Civil Liberties Union, has more than 35,000 members and is among the most prominent of the ACLU state chapters.

Funding

Donations

The ACLU and its affiliated branches receive funding from a large number of sources including the Ford, Rockefeller, and Carnegie foundations. The distribution and amount of funding that each branch receives varies according to state. Though larger chapters, like the ACLU New Jersey, can generate a substantial income, smaller chapters, such as the ACLU Nebraska, with access to fewer resources, often receive subsidies from the national branch.

On occasion, the ACLU has refused financial donations due to attached conditions. The organization rejected a $1.5 million donation from both the Ford and Rockefeller foundations because it viewed a clause in the donation agreement as a threat to civil liberties. The ACLU also withdrew from a federal charity drive when taking a stance against an attached condition that the organization would "not knowingly hire anyone on terrorism watch lists." As a result, it lost an estimated $500,000 in charity contributions.

Legal Awards

While there remain restrictions on how legal fees may be collected, the ACLU receives substantial monetary awards in the events of favorable legal judgments. The awarding of legal fees to the ACLU, however, remains highly controversial. Groups like the American Legion have taken stances opposing the ACLU's right to collect fees involving cases of civil rights. Regardless, the recovery of legal fees by non-profit advocacy organizations remains common practice across the political spectrum.

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 may not be required to pay monetary damages except by an explicit statutory waiver. Nonetheless, the ACLU has been awarded significant financial judgments when challenging governmental bodies in specific regards to the separation of church and state.

The ACLU Georgia was awarded $150,000 in fees after suing a county courthouse for the removal of a religious display. A removal of a second religious display within the same state led to a later judgment of $74,462. The state of Tennessee was required to pay $50,000, the state of Alabama $175,000, and the state of Kentucky $121,500, in three separate cases of illegal religious displays.

Various judgments awarded to the ACLU and its state chapters have resulted from the undertaking of a wide variety of cases involving creationism, internet pornography, the separation of church and state, and free speech. Total annual awards have been estimated to reach approximately $2.9 million. Despite its fiscal rewards, in taking on highly contentious cases, the ACLU leaves itself significantly vulnerable to potentially damaging judgments if the organization was found to be filing a lawsuit deemed frivolous.

Positions

The stated mission of the American Civil Liberties Union is to defend the rights of all citizens, as enshrined in the Bill of Rights of the United States Constitution. While the majority of the organization’s cases involve the First Amendment, equal protection, due process, and the right to privacy, the ACLU has taken positions on a wide range of controversial issues.

The ACLU publicly supports the separation of church and state, and has voiced opposition to government-sponsored displays of religion on public properties and within public schools. The organization also opposes official prayers, religious ceremonies, or moments of silence held in public school buildings or schools funded with public money. The ACLU defends full freedoms of speech and of the press, including school-affiliated newspapers.

The organization also supports full reproductive rights, including contraception and abortion, full civil rights for homosexual individuals and couples, affirmative action as a means of redressing past discrimination and achieving racial diversity, and the protection of defendants and suspects from unconstitutional legal practices.

More controversially, the organization has lobbied for the decriminalization of illegal substances such as heroin, cocaine, and marijuana. The ACLU also believes in the right to privacy as working to protect the American tradition by disallowing the government to track individuals without evidence. The organization also supports the protection of immigrant rights.

The ACLU challenges legislation considered unconstitutional. It has opposed some laws regarding campaign finance, such as the Bipartisan Campaign Reform Act, which it considers an inappropriate restriction upon the freedom of expression.

The official policy of the national ACLU also argues that the intent of the Second Amendment is to protect the right of states to maintain arms to assure their security against the central government, but is not intended as an individual right to possess firearms. The ACLU has generally avoided accepting firearm-related cases, and has endured occasional criticism by those who consider their interpretation of the Second Amendment to be too strict.

The ACLU has been noted for vigorously defending the right to express unpopular, controversial, and extremist opinions on both sides of the spectrum. Many supporters of the ACLU view the organization as playing a role comparable to that of public defenders, helping to ensure that even unpopular defendants receive due process.

Notable Cases

Since its foundation, the ACLU has taken part in a number of controversial cases. A few of the most significant are discussed here.

Scopes Trial

In a 1925 court test, the ACLU persuaded teacher John T. Scopes to defy the state of Tennessee's Butler Act, which outlawed the teaching of evolution within schools. Clarence Darrow, a member of the ACLU National Committee, headed Scopes' legal team. 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.

Japanese Internment

In 1942, a few months after the Japanese attack on Pearl Harbor, ACLU affiliates along the West Coast became some of the sharpest critics of the government's policy regarding enemy aliens and U.S. citizens descended from enemy ancestry. This included the relocation of Japanese-American citizens, the internment of aliens, prejudicial curfews, and the like. The national branch of the organization, in attempts to dodge the issue, took a mildly pro-government position and accepted the principle of internment, but demanded that those "cleared" of any suspicion of wrongdoing be released from the concentration camps in which they were held.

Brown v. Board of Education

In 1954, the ACLU played a role in the case of Brown v. Board of Education, and aided in the banning of public school racial segregation throughout the United States.

Roe v. Wade

In 1973, the ACLU was involved in the cases of Roe v. Wade and Doe v. Bolton, in which the Supreme Court upheld the constitutional right of privacy extended to women seeking abortions.

Village of Skokie

In 1977, the ACLU filed suit against the Village of Skokie, Illinois, a predominately Jewish community. The organization sought an injunction against the enforcement of three town ordinances that outlawed Nazi parades and demonstrations within the town. A federal district court struck down the ordinances in a decision eventually affirmed by the U.S. Supreme Court. The ACLU's involvements in this case led to the resignation of nearly 15 percent of its affiliates, 25 percent of its Illinois members, and the majority of its Jewish followers. A cutback in its activities was avoided by a special mailing which elicited $500,000 in contributions.

In his February 23, 1978, decision overturning the town ordinances, U.S. 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.

Arkansas Creationism Statute

In the 1980s, the ACLU filed suit to challenge the Arkansas 1981 Creationism Statute, which required public schools to teach the biblical creation story as a scientific alternative to the teachings of evolution. The law was declared unconstitutional by a Federal District Court.

ACLU v. NSA

In 2006, the ACLU filed suit against the National Security Agency in ACLU v. NSA. The ACLU aimed to challenge government spying in the NSA Warrantless Surveillance Controversy.

Controversial Stances

The American Civil Liberties Union believes that the right to freedom of speech must be available to all citizens and residents of the United States. Therefore, it has taken on controversial cases to defend the free speech rights of organizations such as the Ku Klux Klan, neo-Nazi groups, and NAMBLA, a group which supports legalization of pederasty.

The ACLU has defended former member of the Central Intelligence Agency Frank Snepp from an attempt by the CIA to enforce a gag order against him. Lieutenant Colonel Oliver North, whose conviction violated Fifth Amendment rights by including coerced testimony, was also defended by the ACLU.

The ACLU has also been a vocal opponent of congressional acts created in response to the threat of domestic terrorism. According to the organization, legislation including the Patriot Act and the Patriot 2 Act violate the objectives of the U.S. Bill of Rights. In reaction to the passing of the Patriot Act, the ACLU withdrew from a federal donation program that matched funds donated by federal employees with government donations. The ACLU withdrew from the said donation program in response to a clause contained within the Patriot Act regulating that all ACLU employees be checked against a federal anti-terrorism watch list.

Critics of the ACLU

The ACLU's involvement in numerous legal cases throughout its existence has led to a great deal of disapproval from people holding a variety of viewpoints. Many critics focus on the organization’s stance regarding a particular case or group of cases, while others choose to criticize the general principles that guide the ACLU's decisions to become involved with certain cases.

Many critics of the ACLU have constructed alternative "backronyms" to express their dislike for the organization. The ACLU has been sarcastically referred to as the “American Criminal Lawyer Union” and the "American Communist Lawyers Union." The organization has also been labeled anti-Christian, atheist, Communist, lesbian, aligned with Lucifer, and overly litigious.

Conservative Critics

The ACLU's most vocal critics are generally those considered conservatives. Many of these conservatives allege that the organization has not dedicated itself to the defense of constitutional rights, but that it seeks to advance a liberal agenda. Some critics base this argument in the ACLU’s opposition to capital punishment. The ACLU maintains that the death penalty is contrary to the establishment of international human rights, that it violates restriction against cruel and unusual punishment, and that it denies the guarantee of equal protection.

Conservative critics also argue that the ACLU has been inconsistent in defending civil liberties equally, citing the organization’s hesitation to protect gun rights. The ACLU declares itself officially neutral on the issue of gun control, pointing to previous Supreme Court decisions to argue that the Second Amendment applies to the preservation of a well-regulated militia, and “the possession of weapons by individuals is not constitutionally protected." In 2006, the ACLU Texas joined with the National Rifle Association to claim that current legislation allowed for the harassment of gun owners, but continued to maintain their public neutrality regarding the issue of gun control.

The organization has also come under fire, mostly by conservative critics, for fighting against Megan’s Law, a law ostensibly enacted to protect children from sex offenders. Though the ACLU has opposed Megan’s Law for reasons of privacy violations, the organization has been unable to attain significant victories in these cases.

Religious Critics

Conservative Christians, citing the ACLU’s involvement in the separation of church and state, often contend that the organization is part of an effort to remove all references to religion from American government. In minor legal battles, the ACLU has claimed that the presence of religious symbols within state or county seals constitutes a government-sponsored endorsement of church and state.

In 2004, the ACLU of southern California threatened to sue the city of Redlands and the county of Los Angeles if it did not remove a religious cross from their official seals. The city and county complied with the organization and removed the symbol from all city vehicles, business cards, and police badges. Religious critics have claimed the organization acts in excessive pursuit of the separation of church and state, and misrepresents the clause’s intended purpose.

In 1990, Pat Robertson founded the American Center for Law and Justice as a counterweight to the ACLU. Robertson claimed the ACLU was "liberal" and "hostile to traditional American values." The Thomas Moore Law Center, a non-profit legal center, also bills itself a "Christian answer to the ACLU."

Despite its religious controversy, the ACLU has defended the rights of jurors to religious expression and the rights of Christian students to distribute religious literature in schools.

Many minority religious groups, including Jehovah Witnesses and Muslims, have at times been defended by the ACLU. In the Mormon community, the ACLU has been viewed positively by those citing the case Santa Fe Independent School District v. Doe. The case, litigated by the ACLU, was taken on behalf of a Mormon student concerning school prayer. The ACLU has also aided the Mormon community in legal cases regarding objections to military service, the reciting of the pledge of allegiance, and a case over doorbell-ringing. Despite these measures, the ACLU has taken harsh criticism from a number of Mormon leaders who strongly oppose the actions of the organization.

Libertarian Critics

Though the ACLU has, on occasion, defended the U.S. Libertarian Party, a number of Libertarians and Objectivists oppose the organization for its support of laws viewed distinctly anti-liberty, including affirmative action and private property anti-discriminatory laws. Many Libertarians argue that private business owners, and not the government, should hold the authority to decide which customers to serve and which employees to hire, even if these private business owners choose to base such decisions on criteria regarding race or gender.

Former ACLU member Nat Hentoff has criticized the organization for the promotion of affirmative action, and for the support of what he claims as government-protected liberal speech codes enacted throughout college campuses and workplace environments.

Law professor David Bernstein's book You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws discredits the ACLU for its frequent undermining of expressive rights when in conflict with anti-discrimination laws, as in the 2000 Supreme Court case of Boy Scouts of America v. Dale. Some Libertarians have formed an organization they describe as the "libertarian ACLU," the Institute for Justice.

Feminist Critics

Anti-pornography activists Nikki Craft and Catharine MacKinnon, who oppose pornography on feminist grounds, have also voiced their opposition to the ACLU. In the early 1990s, Craft developed an activism group known as the ACLU, which stood for the title "Always Causing Legal Unrest." The acronym confusion led then-director of the American Civil Liberties Union, Dorothy M. Ehrlich, to send a letter of protest, though legal action was not pursued against Craft’s group.

Liberal Critics

The ACLU has also been subject to criticism from the political left. Some critics object to the organization's advocacy for corporate personhood, or the protection of corporations by the U.S. Bill of Rights. The organization’s stance against campaign finance reform has also led to criticism.

Conclusion

Despite a flanking of political controversy, attempted government regulation, and decades of historical debate, the American Civil Liberties Union has become one of the United States’ largest non-profit organizations in existence. Since its founding in 1920, the ACLU has relied significantly on the financial donations of union members, affiliates, and sponsoring organizations.

The founding of the ACLU was intended to preserve the rights of free speech, association and assembly, the separation of church and state, the right to fair and equal treatment, and the right to due process. Decades later, the organization has continued to uphold its founding principles, adjusting with time to include the preservation of individual privacies.

In light of extreme criticism and the wake of government interference, the American Civil Liberties Union remains steadfast in the pursuit and protection of individual human rights, maintaining the long-established belief that when the rights of society’s most vulnerable members are denied, the rights of the entire society are endangered.

References
ISBN links support NWE through referral fees

  • American Civil Liberties Union. “About Us.” American Civil Liberties Union Web Site.
  • Sears, Alan, and Craig Osten. 2005. The ACLU vs. America: Exposing the Agenda to Redefine Moral Values. Nashville, TN: Broadman and Holman Publishers. ISBN 0805440453
  • Walker, Samuel. 1999. In Defense of American Liberties: A History of the ACLU. Carbondale, IL: Southern Illinois University Press. ISBN 0809322706

External links

All links retrieved July 23, 2023.


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