American Civil Liberties Union 1950 225347077 2008-07-13T05:39:21Z VegaDark 680693 {{protected}} {{protected}} {{POV|date=July 2008}} {{Infobox_Organization |name = American Civil Liberties Union |image = American Civil Liberties Union logo.png |membership = 550,000 members<ref name="about">{{cite web | title=About Us |work = American Civil Liberties Union web site | publisher =ACLU |url = http://www.aclu.org/about/ | accessdate =2006-05-03 }}</ref> |headquarters = [[New York City|New York]], [[New York|NY]] |formation = 1920 |website = <div class=plainlinks>http://www.aclu.org/</div> }} The '''American Civil Liberties Union''' ('''ACLU''') consists of two separate [[non-profit organization]]s: the ACLU Foundation, a [[501(c)(3)]] organization which focuses on litigation and communication efforts, and the American Civil Liberties Union, a [[501(c)(4)]] organization which focuses on legislative lobbying.<ref name="nonprofit">{{cite web | title=ACLU and ACLU Foundation: What Is the Difference? |work = American Civil Liberties Union web site | publisher =ACLU |url = http://www.aclu.org/acluf.html | accessdate =2007-09-05 }}</ref> The ACLU's stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the [[United States Constitution|Constitution]] and laws of the United States."<ref name="about" /> It works through litigation, legislation, and community education.<ref name="about" /> Founded in 1920 by [[Crystal Eastman]], [[Roger Nash Baldwin|Roger Baldwin]] and [[Walter Nelles]],<ref>{{cite web|url=http://books.google.com/books?id=HBwlIE4jo-MC&pg=PA123&lpg=PA123&dq=%22walter+nelles%22+aclu&source=web&ots=H1UkRbBYbD&sig=oV6NchFE3QUnswvkfetAZPUXQMM&hl=en&sa=X&oi=book_result&resnum=6&ct=result| title=Roger Nash Baldwin and the American Civil Liberties Union | accessdate=2008-07-11 }}</ref> the ACLU was the successor organization to the earlier [[National Civil Liberties Bureau]] founded during [[World War I]].<ref>[http://infoshare1.princeton.edu/libraries/firestone/rbsc/finding_aids/aclu1920/ William Alfred Eddy Papers, 1859-1978: Finding Aid], Princeton University Libraries.</ref> The ACLU reported over 500,000 members at the end of 2005. [[Lawsuit]]s brought by the ACLU have been influential in the evolution of Constitutional law.<ref>{{cite web|url=http://www.aclu.org/scotus/index.html|title=ACLU Supreme Court Cases | accessdate =2006-10-14 }}</ref> The ACLU provides legal assistance in cases in which it considers civil liberties to be at risk. Even when the ACLU does not provide direct legal representation, it often submits ''[[amicus curiae]]'' [[brief (law)|briefs]]. Outside of its legal work, the organization has also engaged in [[lobbying]] of elected officials and political [[activism]].<ref>{{cite news | last =Saunders | first =Dylan | title =Mock filibuster cut short after Senate calls it quits | work =Michigan Daily | publisher =University of Michigan | date =[[2006-01-31]] | url =http://www.michigandaily.com/news/2006/01/31/News/Mock-Filibuster.Cut.Short.After.Senate.Calls.It.Quits-1545353.shtml | accessdate =2006-08-16 }}</ref> The ACLU has been critical of elected officials and policies of both [[Democratic Party (United States)|Democrats]] and [[Republican Party (United States)|Republicans]]. However, Republicans consistently rank lower than Democrats in regard to supporting ACLU goals as seen in ACLU voting guides.<ref>{{cite web | title=American Civil Liberties Union | work= Project Vote Smart | publisher = [[Project Vote Smart]] | url=http://www.vote-smart.org/issue_rating_detail.php?sig_id=003415M&sort=rating | accessdate =2007-04-19 }}</ref> ==History== [[Roger Nash Baldwin]] became head of the [[National Civil Liberties Bureau]] (NCLB) in 1917. An independent outgrowth of the [[American Union Against Militarism]], the Bureau opposed American intervention in [[World War I]]. The NCLB provided legal advice and aid for [[conscientious objector]]s and those being prosecuted under the [[Espionage Act of 1917]] or the [[Sedition Act of 1918]]. In 1920, the NCLB changed its name to the American Civil Liberties Union, with Baldwin continuing as its director and [[Walter Nelles]] as chief counsel. [[Jeannette Rankin]], [[Jane Addams]], [[Crystal Eastman]], [[Albert DeSilver]], [[Helen Keller]], along with other former members of the NCLB, assisted Baldwin with the founding of the ACLU.<ref name="about" /> Among the founding members was [[Felix Frankfurter]], who later became an [[Associate Justice]] of the [[Supreme Court of the United States]].<ref> [http://www.natcom.org/pubs/ROC/one-one/haiman.htm The ACLU as Guardian of Liberty] Franklyn S. Haiman </ref> DeSilver and Nelles were Baldwins closest associates. <ref>{{citeweb|url=http://myhero.com/myhero/hero.asp?hero=rogerbaldwin| title=Freedom Hero: Roger Nash Baldwin, Oxford University Press | accessdate=2008-07-11 }}</ref><ref>{{citeweb|url=http://www.jstor.org/pss/1228985| title=The Free Speach League, The ACLU and Changing Conceptions of Free Speech in American History, Stanford Law Review | accessdate=2008-11-08 }}</ref> In the year of its birth the ACLU was formed to protect aliens threatened with [[deportation]], along with U.S. nationals threatened with criminal charges by [[United States Attorney General|U.S. Attorney General]] [[Alexander Mitchell Palmer]] for their [[Communism|communist]] or [[Socialism|socialist]] activities and agendas<ref name="history">[http://www.aclu-cu.org/history.html "A Brief History of the American Civil Liberties Union"], Champaign County ACLU.</ref> (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. In 1940, the ACLU formally barred communists from leadership or staff positions, and would take the position that it did not want communists as members either. The board declared that it was "inappropriate for any person to serve on the governing committees of the Union or its staff, who is a member of any political organization which supports [[totalitarianism]] in any country, or who by his public declarations indicates his support of such a principle."<ref>{{cite web | url=http://infoshare1.princeton.edu/libraries/firestone/rbsc/finding_aids/aclu1920/ | title=American Civil Liberties Union: The Roger Baldwin Years (1917–1950)}}</ref> The purge, which was led by Baldwin, himself a former supporter of Communism, began with the ouster of [[Elizabeth Gurley Flynn]], a member of both the [[Communist Party USA]] and the IWW.<ref>Robert C. Cottrell, [http://www.harvardsquarelibrary.org/unitarians/baldwin.html "Roger Baldwin: Founder, American Civil Liberties Union, 1884-1981"], ''Notable American Unitarians'', Harvard Square Library.</ref> Conservatives and [[United States Republican Party|Republicans]] have frequently criticized the ACLU. One well-known example occurred during the [[United States presidential election, 1988|1988 presidential election]], then-[[Vice President of the United States|Vice President]] [[George H. W. Bush]] noted that his opponent [[Michael Dukakis]] had described himself as a "card-carrying member of the ACLU" and used that as evidence that Dukakis was "a strong, passionate liberal" and "out of the mainstream." <ref>{{cite web | url=http://www.pbs.org/newshour/debatingourdestiny/dod/1988-broadcast.html | title=Debating Our Destiny: The 1988 Debates}}{{cite web | url=hhttp://www.presidency.ucsb.edu/showdebate.php?debateid=13 | title=First Bush-Dukakis Presidential Debate transcript}}</ref> The phrase subsequently was used by the organization in an advertising campaign.<ref>Randall Rothenburg. [http://query.nytimes.com/gst/fullpage.html?res=940DEED61E30F93BA1575AC0A96E948260 A.C.L.U. Goes Hollywood in Countering Bush's Campaign of Derision], ''New York Times'', September 28, 1988.</ref> 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 total enrollment reached 330,000.<ref>{{ cite news | url = http://www.post-gazette.com/localnews/20021202aclusidebarp8.asp | title = ACLU has new constituency after 9/11 | work = [[Associated Press]] via [[Pittsburgh Post-Gazette]] | date = [[2002-12-02]] | accessdate = 2007-11-20 | author = Ron Kampeas }}</ref> The growth continued, and in August 2004, ACLU membership was at 400,000.<ref>Madison.com, [http://www.madison.com/tct/news/images/index.php?ntid=7175&ntpid=0] {{Fact|date=January 2008}}</ref> ==Leadership, funding and organizational structure== ===Leadership=== [[Image:Nadine Strossen 6 by David Shankbone.jpg|thumb|Nadine Strossen, President]]Currently, the leadership of the ACLU includes Executive Director [[Anthony Romero]]<ref>ACLU, [http://www.aclu.org/about/staff/13279res20030205.html "Anthony D. Romero, Executive Director"], ACLU profile (last visited Jan. 6, 2008).</ref> and President [[Nadine Strossen]].<ref>[http://www.aclu.org/about/staff/13278res20020211.html "Nadine Strossen, President of the ACLU "], ACLU profile (last visited Jan. 6, 2008).</ref> The national board of directors consists of representatives elected by each state affiliate as well as at-large delegates elected by boards of each affiliate. Each state affiliate has an Executive Director and Board of Directors. Notably, [[Ruth Bader Ginsburg]], a current Justice of the Supreme Court, was the first director of the ACLU's Women's Rights Project.<ref>{{cite news | title = Ruth Bader Ginsburg | work =The Oyez Project | date =[[2006-01-31]] | url =http://www.oyez.org/oyez/resource/legal_entity/107/biography | accessdate =2006-10-06 }}</ref> And [[Judith Krug]], Director of the [[American Library Association]] Office for Intellectual Freedom<ref>[[American Library Association]], [http://www.ala.org/template.cfm?Section=oif Office for Intellectual Freedom website] (last visited Jan. 6, 2008).</ref> since 1967,<ref>{{cite web | last =Berry III, Editor-in-Chief | first =John N. | authorlink = | coauthors = | year =Jun. 15, 2005 | url =http://libraryjournal.com/article/CA606394.html | title =The Krug Contribution; She Convinced ALA to Put Its Money Where Its Mouth Is | format = | work =Library Journal | publisher =ALA | accessdate =2006-11-19}}</ref> was for three years concurrently on the Board of Directors of the Illinois Division of the ACLU. "She has been very successful in promulgating the ACLU's views within the country's libraries, and the ACLU has honored her with awards."<ref>{{cite web | last =Biehle | first =Helen Chaffee | authorlink = | coauthors = | year =Jan. 15, 2000 | url =http://www.fflibraries.org/The_Internet_And_the_Seduction_of_the_American_Public_Library.html | title =The Internet and the Seduction of the American Public Library | format = | work = | publisher =Family Friendly Libraries | accessdate =2008-03-09}}</ref> In 2005, in response to increasing internal strife, the ACLU national board attempted to impose what may critics labeled a "gag rule" on its employees. The proposal included the rule that "a board member may publicly disagree with an ACLU policy position, but may not criticize the ACLU Board or staff." The measures proved highly unpopular with free speech advocates within the ACLU, and were eventually shelved.<ref>[http://www.thenation.com/doc/20070205/sherman Aclu V. Aclu<!-- Bot generated title -->]</ref> ===Funding=== The ACLU receives funding from a large number of sources. For example, in 2004, the ACLU and its affiliate, the American Civil Liberties Union Foundation reported revenues totaling $85,559,887. Of that total, 87% was from donations and dues from the public, 1.8% from program services, including awards of legal fees, royalty income, and literature sales, and the remainder from investment income and income from sale of assets. The distribution and amount of funding for state affiliates varies from state to state. For example, the ACLU of [[New 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 affiliates with fewer resources, such as that in [[Nebraska]], receive subsidies from the national ACLU.<ref>ACLU Nebraska, [http://www.aclunebraska.org/faq.htm#10 "Frequently Asked Questions"] (last visited Jan. 6, 2008).</ref> ====Foundations==== The ACLU and its affiliated tax-exempt foundation receive annual support from the [[Ford Foundation|Ford]], [[Rockefeller Foundation|Rockefeller]], [[Carnegie Corporation of New York|Carnegie]], [[Field Foundation|Field]], [[Tides Center|Tides]], [[Gill Foundation|Gill]], [[Arcus Foundation|Arcus]], [[Horizons Fund|Horizons]], and other foundations.<ref>CapitalResearch.org, [http://www.capitalresearch.org/search/orgdisplay.asp?Org=ACL100] {{Fact|date=January 2008}}</ref> In October 2004, the ACLU rejected $1.5 million from both the Ford and Rockefeller Foundations. The Foundations had adopted language from the USA PATRIOT Act into their donation agreements, including a clause stipulating that none of the money would go to "underwriting terrorism or other unacceptable activities." The ACLU views this clause, both in Federal law and in the donors' agreements, as a threat to civil liberties, saying it is overly broad and ambiguous.<ref>Stephanie Strom, "A.C.L.U. Rejects Foundation Grants Over Terror Language", ''[[New York Times]]'', Oct. 19, 2004 (available at [http://www.aclusc.org/Page/Clipping/NYTimes/041019Strom.html ACLU South Carolina]). </ref> ====Court awarded damages and attorney's fees==== In 2004, court awarded damages and attorney fees comprised a 3% (net) of ACLU Foundation funding; state affiliates also receive money from such fees, although the national headquarters does not.<ref>ACLUProCon.org, [http://www.acluprocon.org/pop/ACLUStructure.html#budget Structure of the ACLU - V. Budget].</ref> Recovery of attorney's' fees by non-profit legal advocacy organizations is common practice. The [[pro-life]] [[Thomas More Law Center]], for example, generally seeks, and is successful in, recovery of attorney's fees in the same manner as the ACLU.<ref>ThomasMore.org, [http://www.thomasmore.org/news.html?NewsID=227] {{Fact|date=January 2008}}</ref><ref>[http://www.thomasmore.org/news.html?NewsID=383 ThomasMore.org] {{Fact|date=January 2008}}</ref> In 2005, the Thomas More law center derived 4.8% of its funding from court-awarded legal fees in this manner.<ref>Form 990, Return of Organization Exempt from Tax, filed 11/14/06</ref> Due to the nature of its legal work, the ACLU is often involved in litigation against governmental bodies, which are generally protected from adverse monetary judgments: a town, state or federal agency may be required to change its laws or behave differently, but not to pay monetary damages except by an explicit statutory waiver.<ref>''[[Lane v. Pena]]'', 518 U.S. 187 (1996) ([http://www.oyez.org/oyez/resource/case/959/ abstract of case at Oyez]).</ref><ref>Chain, Younger Cohn & Stiles (law firm), [http://www.chainyounger.com/pa_cases_against_government.html#1 "Cases Against Local, County, State and Federal Government"] (law firm material; last visited, Jan. 6, 2008).</ref> In some cases, the law permits plaintiffs who successfully sue government agencies to collect money damages or other monetary relief. In particular, the [[Civil Rights Attorney's Fees Award Act of 1976]] leaves the government liable in some civil rights cases. Fee awards under this civil rights statute are considered "equitable relief" rather than damages, and government entities are not immune from equitable relief.<ref>{{cite web | url=http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001988----000-.html | title=Title 42 , Chapter 21, Subchapter I, § 1988. Proceedings in vindication of civil rights}}</ref> Under laws such as this, the ACLU and its state chapters sometimes share in monetary judgments against government agencies.<ref>{{cite web | url=http://www.house.gov/apps/list/press/in08_hostettler/090706peramarkup.html | title=House Judiciary Committee Passes Hostettler's Public Expression of Religion Act}}</ref> The ACLU has received court awarded fees in numerous church-state cases. The Georgia chapter was awarded $150,000 in fees after suing a county demanding the removal of a [[Ten Commandments]] display from its courthouse;<ref>ACLU Georgia Press Release, [http://www.acluga.org/press.releases/0507/barrow.county.html "Barrow County to Remove 10 Commandments Display"], July 19, 2007 (last visited Jan. 6, 2008).</ref> a second Ten Commandments case in the State, in a different county, led to a $74,462 judgment.<ref>ACLU Georgia, [http://www.acluga.org/docket.html "2007 Litigation & Advocacy Docket"] (last visited Jan. 6, 2008).</ref> 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.<ref>{{cite web | url=http://www.enquirer.com/editions/2003/07/09/loc_kytencommandments09.html | title=State pays ACLU $121,500 in Ten Commandments fight}}</ref><ref>Ontario Consultants on Religious Tolerance, [http://www.religioustolerance.org/chr_10cb.htm The Ten Commandments: Developments: Year 2002], ReligiousTolerance.org</ref> The Public Expression of Religion Act of 2005, introduced by Representative [[John Hostettler]], sought to alter the rules put in place by the Civil Rights Attorney's Fees Award Act of 1976 to prevent monetary judgments in the particular case of violations of church-state separation.<ref>Report No. 109-657, H.R. 2679, available at [http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h2679rh.txt.pdf GPO].</ref> Also, groups such as the [[American Legion]] have taken stances opposing the ACLU's right to collect fees under such legislation.<ref>American Legion, [http://www.legion.org/word/aclu.rtf] {{Fact|date=January 2008}} </ref> ===Organizational structure=== [[Image:howard-simon-ed-aclu-fl.jpg|thumb|Howard Simon, executive director of the Florida chapter, joins in a protest of the [[Guantanamo Bay detention camp|Guantanamo Bay]] detentions with [[Amnesty International]].]] The national headquarters of the ACLU is located in New York City. The organization does most of its work through 53 locally based affiliates and associated chapters, each of which have staff and a board of directors. The affiliates generally correspond to state (or equivalent) lines; [[Washington, D.C.]] and [[Puerto Rico]] each have an affiliate, [[California]] has three affiliates, [[Pennsylvania]] has two, [[Missouri]] has two (one combined with [[Kansas]]), [[The Dakotas]] share one. These affiliates maintain a certain amount of governing autonomy from the national organization, and are able to work independently from each other, if they choose to do so. Many of the ACLU's cases originate or are handled from the local level and are also handled by local lawyers from the individual affiliates. For an example of a state affiliate's work, see www.aclumich.org. Affiliates (the state organizations) are the basic unit of the ACLU's organization and engage in litigation, lobbying, and public education. For example, in a twenty-month period beginning January 2004, the ACLU's New Jersey chapter was involved in fifty-one cases according to their annual report—thirty-five cases in [[state court]]s, and sixteen in [[United States federal courts|federal court]]. They provided legal representation in thirty-three of those cases, and served as amicus in the remaining eighteen. They listed forty-four [[Pro bono publico|volunteer attorneys]] who assisted them in those cases. Each legal foundation and political affiliate is registered as a [[501(c)#501.28c.29.283.29|501(c)(3)]] and [[501(c)#501.28c.29.284.29|501(c)(4)]] entity, respectively. All membership dues and tax-deductible donations are shared between the affiliates and the national office. {{Fact|date=April 2007}} ==Positions== While the bulk of the ACLU's cases involve the [[First Amendment to the United States Constitution|First Amendment]], [[Equal Protection Clause|Equal Protection]], [[due process]], and the [[Privacy|right to privacy]],<ref>See, ''e.g.'', the [[Louisiana]] chapter's [http://www.laaclu.org/Complaints/complaints.html "Complaint Guidelines"].</ref> the organization has taken positions on a wide range of issues. According to the ACLU, it supports: [[Image:Antonio Villaraigosa.jpg|right|thumb|260px|[[Los Angeles, California|Los Angeles]] Mayor [[Antonio Villaraigosa]] speaking at an ACLU event. Villaraigosa is a former board member and president of the ACLU Southern California affiliate.]] *[[Freedom of religion in the United States|Religious liberty]]: Defends the individual right of Americans of all religions to practice and/or display affirmations of their faith in public, but not on public property with government sponsorship or endorsement.<ref>{{cite web | url=http://www.aclu.org/religion/govtfunding/26527res20060824.html | title=The Mt. Soledad Latin Cross: Q&A | accessdate =2006-10-21 }}</ref><ref>{{cite web | url=http://www.aclu.org/religion/tencomm/16254res20050302.html | title=ACLU's Defense of Religious Liberty: Q&A | accessdate =2006-10-21}}</ref> *The decriminalization of drugs such as heroin, cocaine and marijuana.<ref>{{cite web | url=http://www.aclu.org/drugpolicy/gen/10758pub19950106.html | title=ACLU: Against Drug Prohibition | accessdate=2008-07-09}}</ref> *[[Separation of church and state in the United States|Separation of church and state]]; under this mandate, the ACLU: **Opposes the government-sponsored display of religious symbols on [[public property]]. **Opposes official prayers, religious ceremonies, and some kinds of "[[moment of silence|moments of silence]]"<ref>ACLU, [http://www.aclu.org/religion/gen/16039res20020311.html "Constitutional Amendment on School Prayer"], March 11, 2002 (last visited Jan. 6, 2008).</ref> in public schools or schools funded with public money. *Full [[Freedom of speech in the United States|freedom of speech]] and of the press, including school newspapers. *Abolition of [[capital punishment]].<ref>ACLU, [http://www.aclu.org/capital/index.html "Capital Punishment Project"] (last visited Feb. 26, 2008).</ref> *[[Reproductive rights]], including the right to use [[Birth control|contraception]] and to have an [[Abortion in the United States|abortion]]. *Full civil rights for LGBT ([[lesbian]], [[Gay (term)|gay]], [[Bisexuality|bisexual]] and [[transgender]]) people, including government benefits for same-sex couples equal to those provided for heterosexual ones. *[[Affirmative action in the United States|Affirmative action]] as a means of redressing past discrimination and achieving a racially diverse student body.<ref>ACLU, [http://www.aclu.org/RacialEquality/RacialEqualityMain.cfm "Racial Justice"] (last visited Jan. 6, 2008)..</ref> *The rights of [[defendant]]s and suspects against [[Constitutionality|unconstitutional]] [[police]] practices. *Privacy as it "works to preserve the American tradition that the government not track individuals or violate privacy unless it has evidence of wrongdoing."<ref>ACLU, [http://aclu.org/privacy/index.html "Privacy and Technology"] (last visited Jan. 6, 2008).</ref> *[[Immigration to the United States|Immigrants']] rights by "challenging unconstitutional laws and practices, countering the myths upon which many of these laws are based."<ref>ACLU, [http://aclu.org/immigrants/index.html "Immigrants' Rights"] (last visited Jan. 6, 2008).</ref> *Concerning the Second Amendment, specifically [[Gun politics|gun control]], the ACLU embraces the States' Right Model interpretation of the [[Second Amendment to the United States Constitution|Second Amendment]], which only recognizes a state's right to possess firearms, the organization officially declares itself "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 firearms by individuals is not constitutionally protected."<ref name="policepractices">{{cite web | url=http://www.aclu.org/police/gen/14523res20020304.html | title=American Civil Liberties Union: Gun Control}}</ref>'' The ACLU has opposed some [[campaign finance reform]] laws such as the [[Bipartisan Campaign Reform Act]], which it considers an inappropriate restriction upon freedom of expression. It does not have a policy of blanket opposition to all laws on campaign finance.<ref>Testimony of Laura W. Murphy, Director, ACLU Washington Office, On the Return to Hearings List ... Before the Senate Committee on Rules and Administration, April 26, 2000, available at [http://rules.senate.gov/hearings/2000/042600murphy.htm U.S. Senate website].</ref> While the ACLU does oppose the use of crosses in public monuments,<ref>{{cite news |first=Ray |last=Huard |authorlink=Ray Huard |coauthors= |title= Mt. Soledad cross case seems settled|url=http://www.signonsandiego.com/uniontrib/20040331/news_7m31soledad.html |quote= |publisher=[[San Diego Union-Tribune]] |date=2004-03-31 |accessdate=2008-01-07 }}</ref><ref>Rees Lloyd, [http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43799 WorldNetDaily Exclusive Commentary: "Judicial Voodoo Versus the Cross"], ''WorldNetDaily'', April 15, 2005.</ref> 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 soldiers; such charges have been deemed to be [[urban legend]]s.<ref>Snopes, [http://www.snopes.com/politics/religion/cemetery.asp ACLU and Cemetery Headstones] (last visited Jan. 6, 2008).</ref> ==Controversial stances== {{Wikinews|ACLU President Strossen on religion, drugs, guns and impeaching George Bush}} The ACLU has for years been a controversial organization by nature,<ref>[http://www.howstuffworks.com/aclu.htm Howstuffworks "How the ACLU Works"<!-- Bot generated title -->]</ref> with most of their support coming from the [[Left-wing politics|left]] and opposition from the [[Right-wing politics|right]]. The reasons for opposition are varied, although [[Conservatism in the United States|conservatives]] often view the ACLU stance of [[separation of church and state]] as [[antitheism|anti-religious]],<ref>[http://books.google.com/books?hl=en&id=cYjkejMuwK8C&dq=aclu+religion&printsec=frontcover&source=web&ots=CAOfBId8HM&sig=HNGkb7s1ztLHoRknWjc-fInMZ1o#PPP1,M1]</ref> and their defense of both accused and convicted criminals as undermining [[law and order (politics)|law and order]]. Furthermore, the nature of the ACLU is that they defend even the most unpopular forms of speech and expression, notably those with which most other organizations would not wish to associate themselves. Often, its clients are notoriously unpopular such as [[Neo-Nazism|Neo-Nazi]] organizations and the [[North American Man/Boy Love Association]] (NAMBLA), a group which supports lifting all age restrictions on [[pederasty]]. In the case of NAMBLA, the ACLU's Massachusetts affiliate represented the organization, on first amendment grounds, in a wrongful death civil suit that was based solely on the fact that a man who raped and murdered a child had visited the NAMBLA website.<ref name="ACLU-UnpopularSpeech">ACLU, [http://www.aclu.org/freespeech/protest/11289prs20000831.html "ACLU Statement on Defending Free Speech of Unpopular Organizations"], Aug. 31, 2000.</ref> Although the ACLU does not endorse NAMBLA's message, its defense of the group has been widely criticized. Additionally the ACLU has initiated several court cases involving government funding of organizations that discriminate against homosexuals and atheists, prominently including the [[Boy Scouts of America]].<ref>ACLU, [http://www.aclu.org/scotus/1999/11988prs20000628.html "U.S. Supreme Court Ruling that boy Scouts Can Discriminate Is 'Damaging but Limited,' ACLU Says"], June 28, 2000 (last visited Jan. 7, 2008).</ref> Among the most notable controversial cases which involved the American Civil Liberties Union are the following: *The ACLU currently opposes, under the [[Ex post facto law|ex post facto]] clause of the Constitution, the retroactive application of [[Megan's Law|Megan’s Law]] (which requires law enforcement authorities to identify convicted [[sex offender]]s to the public at large through various media outlets) to persons convicted before the law was passed.<ref>National Alert Registry, [http://www.registeredoffenderslist.org/megans-law.htm "Megan's Law: What it is and who Megan's Law Offenders are"] (last visited Jan. 7, 2008).</ref><ref>ACLU New Jersey, [http://www.aclu-nj.org/issues/privacy/meganslawstillunderattack.htm "Megan's Law Still Under Attack"] (last visited Jan. 8, 2008).</ref> The ACLU initially opposed the bill in its entirety, considering it "misguided political posturing that [would] do nothing to reduce sex crimes,"<ref>Paul Van Slambrouck, [http://www.csmonitor.com/durable/1998/08/13/fp3s1-csm.htm "Sex-Crime Laws Draw More Flak"], ''[[Christian Science Monitor]]'', Aug. 13, 1998.</ref> but has not advocated that position recently. *The ACLU also defended Lieutenant Colonel [[Oliver North]],<ref name="ACLU-UnpopularSpeech" /> whose conviction was tainted by coerced testimony &mdash; a violation of his [[Fifth Amendment to the United States Constitution|fifth amendment rights]].<ref>{{cite news |title=Limbaugh to get legal boost from group he's often ripped |last=Pacenti |first=John |type=Newspaper |work=Palm Beach Post |language=English |date=2004-01-13 |url=http://www.palmbeachpost.com/localnews/content/news/limbaugh/011304_limbaugh.html}}</ref> *The ACLU fought for the [[Westboro Baptist Church]] and [[Shirley Phelps-Roper]] after legislation prevented the group from picketing outside of veteran's funerals.<ref>Garance Burke, [http://www.washingtonpost.com/wp-dyn/content/article/2006/07/22/AR2006072200643.html "ACLU Sues for Anti-Gay Group That Pickets at Troops' Burials"], ''[[Washington Post]]'', July 23, 2006.</ref> The Westboro Baptist Church is infamous for their picket signs that contain messages such as, "God Hates Fags," "Thank God for Dead Soldiers" and "Thank God for 9/11." The ACLU issued a statement calling the legislation a "law that infringes on Shirley Phelps-Roper's rights to religious liberty and free speech."<ref>ACLU, [http://www.aclu.org/freespeech/protest/26265prs20060721.html "ACLU of Eastern Missouri Challenges Law Banning Pickets and Protests One Hour Before or After a Funeral"], July 21, 2006.</ref> The suit was successful. <ref>[http://www.aclu.org/freespeech/gen/33239prs20071206.html American Civil Liberties Union : ACLU of Eastern Missouri Applauds Decision In Free Speech Case<!-- Bot generated title -->]</ref> *The ACLU has filed 6 lawsuits against the [[Tangipahoa Parish, Louisiana]] school board over what the group sees as teacher-led prayer in school activities.<ref name=tangi>{{cite news |title=School board sued over prayer |last=Mitchell |first=David |language=English |type=Newspaper |work=The Advocate (Baton Rouge, LA |publisher=Capitol City Press |page=B01}}</ref> *The ACLU defended [[Frank Snepp]], formerly of the [[Central Intelligence Agency]], from an attempt by the government agency to enforce a [[gag order]] against him.<ref>Maeve A. Cowan, [http://www.h-net.org/reviews/showrev.cgi?path=139721015861041 "Review of Frank Snepp, ''Irreparable Harm: A Firsthand Account of How One Agent Took on the CIA in an Epic Battle over Free Speech''"], H-Law, H-Net Reviews, March, 2002.</ref> *The ACLU has aided the [[Florida Justice Institute]] and [[WriteAPrisoner.com]] in supporting prisoner's rights, especially what the ACLU sees as the First Amendment right to post online profiles seeking pen pals during their incarceration and jobs upon their release. *In 2006, the ACLU of Washington state and the Second Amendment Foundation jointly filed a lawsuit<ref>ACLU of Washington State, [http://www.aclu-wa.org/detail.cfm?id=557 "ACLU Suit Seeks Access to Lawful Information on Internet"], Nov. 16, 2006 (last visited Jan. 7, 2008).</ref> against the North Central Regional Library District (NCRL) in Washington State for its policy of refusing to disable restrictions upon an adult patron's request. Library patrons attempting to access pro-gun web sites were blocked, and the library refused to remove the blocks. Much ACLU work is done in the political arena where it faces frequent controversy as well. *The ACLU has been a vocal opponent of the USA PATRIOT Act of 2001, the [[Domestic Security Enhancement Act of 2003|PATRIOT 2]] Act of 2003, and associated legislation made in response to the threat of domestic terrorism. The ACLU believes such legislation violates either the letter or the spirit of the [[United States Bill of Rights|U.S. Bill of Rights]]. In response to a requirement of the USA PATRIOT Act, the ACLU withdrew from the [[Combined Federal Campaign]].<ref name="cfc">ACLU, [http://www.aclu.org/safefree/general/18526prs20040731.html "Citing Government "Blacklist"; Policy, ACLU Rejects $500,000 from Funding Program "], July 31, 2004 (last visited Jan. 7, 2008).</ref> The requirement was that ACLU employees must be checked against a federal anti-terrorism watch list. The ACLU has stated that it would "reject $500,000 in contributions from private individuals rather than submit to a government 'blacklist' policy."<ref name="cfc" /> ''See also: [[American Civil Liberties Union v. Ashcroft (2004)]]'' *The ACLU opposes the use of [[capital punishment]], calling it "the ultimate denial of civil liberties."<ref name="Death Penalty">{{cite web | title=The ACLU's Capital Punishment Project | work= American Civil Liberties Union web site | publisher =ACLU | url=http://www.aclu.org/capital/index.html | accessdate =2007-03-19 }}</ref> The ACLU claims that the death penalty is unfairly applied to racial minorities and the poor, and considers it "cruel and unusual" punishment.<ref>ACLU, [http://www.aclu.org/capital/unequal/10389pub20030226.html "Race and the Death Penalty"], Feb. 26, 2003 (last visited Jan. 7, 2008).</ref> The organization often opposes executions on the grounds that the present method of lethal injection sometimes goes awry.<ref name=injectfail>{{cite news|last=Johnson |first=Alan |work=The Columbus Dispatch (Ohio) |title=ACLU seeks execution records; inmate suffocated doctor says |page=05B |date=2007-06-07 |accessdate=2007-06-08 |language=English |type=Newspaper |publisher=The Columbus Dispatch}}</ref> *The ACLU's position on [[Spam (electronic)|spam]] is considered controversial by a broad cross-section of political points of view. In 2000, Marvin Johnson, a legislative counsel for the ACLU, stated that proposed anti-spam legislation infringed on free speech by denying anonymity and by forcing spam to be labeled as such: "Standardized labeling is compelled speech." He also stated, "It's relatively simple to click and delete."<ref>Adam S. Marlin, [http://archives.cnn.com/2000/TECH/computing/06/09/amend.spam.idg/ "First Amendment is obstacle to spam legislation"], CNN, June 9, 2000.</ref> The debate found the ACLU joining with the [[Direct Marketing Association (USA)|Direct Marketing Association]] and the [[Center for Democracy and Technology]] in criticizing a bipartisan bill in the [[United States House of Representatives|House of Representatives]] in 2000. As early as 1997 the ACLU had taken a strong position that nearly all spam legislation was improper,<ref>[http://www.anu.edu.au/mail-archives/link/link9709/0306.html ACLU Cyber-Liberties Update], Sept. 2, 1997 (on the Red Rock Eater News Service listserve) (last visited Jan. 7, 2008).</ref> although it has supported "[[opt-out]]" requirements in some cases. The ACLU opposed the 2003 [[CAN-SPAM Act of 2003|CAN-SPAM]] act<ref>ACLU, [http://www.aclu.org/freespeech/commercial/10953leg20030730.html "Letter to the Senate Urging Opposition to S.877, the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003""], July 30, 2003 (last visited Jan. 7, 2008).</ref> suggesting that it could have a [[chilling effect]] on speech in cyberspace. ==Notable historical cases== {{main|List of court cases involving the American Civil Liberties Union}} Since its founding, the ACLU has been involved in many cases. A few of the most significant are discussed here. ===1920–1960=== In 1925, the ACLU persuaded [[John T. Scopes]] to defy Tennessee's anti-[[evolution]] law in a [[Scopes Trial|court test]]. [[Clarence Darrow]], a member of the ACLU National Committee, headed Scopes' legal team. The prosecution, led by [[William Jennings Bryan]], contended that the Bible should be interpreted literally in teaching [[creationism]] in school. The ACLU lost the case and Scopes was fined $100. The Tennessee Supreme Court later upheld the law but overturned the conviction on a technicality.<ref>University of Missouri-Kansas City School of Law, [http://www.law.umkc.edu/faculty/projects/ftrials/scopes/scopes.htm "''Tennessee v. John Scopes'': The 'Monkey Trial' (1925)"], ''Famous Trials in American History'', last updated April 25, 2005 (last visited Jan. 7, 2008).</ref><ref>{{cite web | url=http://www.law.umkc.edu/faculty/projects/ftrials/scopes/scopeschrono.html | title=The Evolution-Creationism Controversy: A Chronology}}</ref> <!--missing blurb on the 1947 case which brought the idea of the separation of church and state into American legal practice--> In 1954, the ACLU filed an amicus brief in the case of ''[[Brown v. Board of Education]]'', which led to the ban on racial segregation in U.S. [[public school]]s.<ref>ACLU, ''ACLU Amicus Brief in Brown v. Board of Education'', Oct. 11, 1952 ([http://www.aclu.org/racialjustice/gen/15901lgl19521011.html PDF brief]).</ref> ===1960–2000=== In 1967, the ACLU successfully argued against state bans on [[interracial marriage]], in the case of ''[[Loving v. Virginia]]''.<ref>''[[Loving v. Virginia]]'', 388 U.S. 1 (1967), available at [http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/loving.html UMKC Law School].</ref> In 1973, the ACLU was the first major national organization to call for the [[impeachment]] of President [[Richard Nixon]], giving as reasons the Nixon administration's violations of civil liberties.<ref name="history" /> That same year, the ACLU was involved in the cases of ''[[Roe v. Wade]]'' and ''[[Doe v. Bolton]]'', in which the Supreme Court held that the constitutional right of privacy extended to women seeking abortions. In 1977, the ACLU filed suit against the Village of [[Skokie, Illinois]], seeking an injunction against the enforcement of three town ordinances outlawing Neo-Nazi parades and demonstrations. Skokie, Illinois at the time had a majority population of Jews, totaling 40,000 of 70,000 citizens. A federal district court struck down the ordinances in a decision eventually affirmed by the Supreme Court. The ACLU's action in this case led to a rift between the [[Jewish Defense League]] and the ACLU. According to David Hamlin, executive director of the Illinois ACLU, "...the Chicago office which chose to provide legal counsel to neo-Nazis who have been planning to march in Skokie, has lost about 25% of its membership and nearly one-third of its budget." 30,000 ACLU members resigned in protest.<ref>Philippa Strum, ''When the Nazis Came to Skokie: Freedom for Speech We Hate'' (University Press of Kansas) ([http://www.kansaspress.ku.edu/strwhe.html University of Kansas Press publisher's catalog description]).</ref><ref>{{cite web | url=http://cdm.digitalpast.org/cgi-bin/showfile.exe?CISOROOT=/skokiepo001&CISOPTR=36 | title=Membership woes hurt ACLU while others gain}}</ref><ref>{{cite web | url=http://cdm.digitalpast.org/cgi-bin/showfile.exe?CISOROOT=/skokiepo001&CISOPTR=0 | title=2d suit to block Nazis from Skokie march fails}}</ref> 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."<ref>Ed McManus, "Nazi March: What's It All About?", ''Illinois Issues'', v.13, Nov. 1978 (available at [http://www.lib.niu.edu/ipo/1978/ii781111.html Illinois Periodicals Online]).</ref> 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.<ref>''[[McLean v. Arkansas|McLean v. Arkansas Board of Education]]'', 529 F. Supp. 1255 (E.D. Ark. 1982) ([http://www.talkorigins.org/faqs/mclean-v-arkansas.html "transcription" by Clark Dorman], Jan. 30, 1996, at TalkOrigins).</ref> In 1982, the ACLU became involved in a case involving the distribution of [[child pornography]] (''[[New York v. Ferber]]'').<ref>''[[New York v. Ferber]]', 458 U.S. 747 (1982) ([http://www.oyez.org/oyez/resource/case/279/ abstract at Oyez]).</ref> In an amicus brief, the ACLU argued that the law in question "has criminalized the dissemination, sale or display of constitutionally protected non-obscene materials which portray juveniles in sexually related roles," while arguing that child pornography deemed [[Obscenity|obscene]] under the [[Miller test]] deserved no constitutional protection and could be banned.<ref>{{ cite web | url = http://www.aclu.org/privacy/speech/14793leg20020508.html | title = Letter to Reps. Smith and Scott on H.R. 4623, the "Child Obscenity and Pornography Prevention Act of 2002" | date = [[2002-05-08]] | accessdate = 2007-11-20 | work = ACLU.org }}</ref> ===2000 to present=== In a 2002 letter, the ACLU stated that it "opposes child pornography that uses real children in its depictions," but that material "which is produced without using real children, and is not otherwise obscene, is protected under the First Amendment."<ref>ACLU, [http://www.aclu.org/privacy/speech/14793leg20020508.html "Letter to Reps. Smith and Scott on H.R. 4623, the "Child Obscenity and Pornography Prevention Act of 2002""], May 8, 2002 (last visited Jul. 9, 2008).</ref> During the 2004 trial regarding allegations of [[Rush Limbaugh|Rush Limbaugh's]] drug abuse, the ACLU argued that his privacy should not have been compromised by allowing law enforcement examination of his medical records.<ref name=FOXRush>[http://www.foxnews.com/story/0,2933,108140,00.html ACLU Comes to Rush Limbaugh's Defense] Monday, January 12, 2004 By Catherine Donaldson-Evans [[FOX News]]</ref> In January 2006, the ACLU filed a lawsuit, [[ACLU v. NSA]], in a federal district court in Michigan, challenging government spying in the [[NSA warrantless surveillance controversy]].<ref>Complaint for Declaratory and Injunctive Relief ("NSA Spying Complaint"), ''ACLU v. NSA'' (E.D. Mich. Jan. 17, 2006) ([http://www.aclu.org/safefree/nsaspying/23491lgl20060117.html#attach PDF of complaint available] at ACLU website, "Safe and Free: NSA Spying" section of website).</ref> On August 17, 2006, that court ruled that the warrantless wiretapping program is unconstitutional and ordered it ended immediately.<ref>Ryan Singel, [http://www.wired.com/news/politics/0,71610-0.html?tw=wn_index_3 "Judge Halts NSA Snooping"], ''Wired'', Aug. 17, 2006.</ref> However, the order is stayed pending an appeal. The Bush administration did suspend the program while the appeal was being heard.<ref name=fisaappeal>{{cite news |last=Marks |first=Alexandra | title =Privacy Advocates Fight for Ground Lost After 9/11 |work=The Christian Science Monitor |page=USA2 |date=2007-04-03 |accessdate=2007-06-08 |publisher=The Christian Science Publishing Society |type=Newspaper |language=English}}</ref> In February 2008, the US Supreme Court "turned down an appeal from the [ACLU] to let it pursue a lawsuit against the program that began shortly after the Sept. 11 terror attacks."<ref name=aclu_loses>{{cite news |last= |first= | title =Court Rejects ACLU Challenge to Wiretaps |work=Breitbart.com |page= |date=2008-02-19 |accessdate=2008-02-19 |publisher=AP |type=Newspaper |language=English}}</ref> The ACLU and other organizations also filed separate lawsuits around the country against telecommunications companies. The ACLU filed a lawsuit in Illinois (Terkel v. AT&T) which was dismissed because of the [[State Secrets Privilege]]<ref>ACLU, [http://www.aclu.org/safefree/nsaspying/26235prs20060725.html "ACLU of Illinois Responds to Ruling in ''Terkel v. AT&T''], July 25, 2006 (last visited Jan. 7, 2008).</ref> and two others in California requesting injunctions against [[AT&T]] and [[Verizon Communications|Verizon]].<ref>ACLU, [http://www.aclu.org/safefree/nsaspying/25685prs20060526.html "ACLU Files Lawsuit in California Court Demanding End to Privacy Violations by AT&T and Verizon"], May 26, 2006 (last visited Jan. 7, 2008).</ref> On August 10, 2006, the lawsuits against the telecommunications companies were transferred to a federal judge in San Francisco.<ref>{{cite web | url=http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/08/11/BAGRGKGL4S1.DTL&type=politics | title= Surveillance lawsuits transferred to judge skeptical of Bush plan}}</ref> After the town of [[Hazleton, Pennsylvania]] passed an ordinance to punish landlords who rented to illegal immigrants and businesses who hired illegal immigrants, the ACLU and Puerto Rican Legal Defense and Education Fund sued Hazleton, saying the ordinance was unconstitutional.<ref>ACLU of Pennsylvania, [http://www.aclupa.org/legal/legaldocket/challengetohazletonimmigra.htm "Lozano v. City of Hazleton'' webpage], including links to press releases, complaint, and other materials (last visited Jan. 7, 2008).</ref><ref>Tom Head, [http://civilliberty.about.com/od/historyprofiles/ss/news082206_3.htm "Top 10 Civil Liberties News Stories - Aug. 22, 2006 Edition"], ''About.com'' (covering "ACLU Challenges Anti-Immigrant Hazleton Ordinance".</ref> On July 26, 2007, a federal court agreed and struck down the Hazleton ordinance.<ref>[http://www.forbes.com/feeds/ap/2007/07/26/ap3958755.html Forbes Magazine AP feed], July 26, 2007. {{Fact|date=January 2008}}</ref> Hazleton's mayor has promised to appeal the decision. After the City of [[Indianapolis]], [[Indiana]] began cracking down on when, where and how homeless persons can solicit donations, the ACLU sued Indianapolis, claiming the city's police unconstitutionally forced homeless persons to produce identification without probable cause.<ref>http://www.indystar.com/apps/pbcs.dll/article?AID=/20080611/NEWS/80611039</ref> == Bibliography == *[[William A. Donohue]], ''The Politics of the American Civil Liberties Union'' (New Brunswick, NJ: Transaction Books, 1985) ISBN 0-88738-021-2 *Peggy Lamson, ''Roger Baldwin: Founder of the American Civil Liberties Union'' (Boston: Houghton Mifflin Company, 1976) ISBN 0-395-24761-6 *Samuel Walker, ''In Defense of American Liberties: A History of the ACLU'' (New York and Oxford: Oxford University Press, 1990) ISBN 0-19-504539-4 ==See also== *[[American Center for Law & Justice]] *[[Freedom (political)]] *[[National Emergency Civil Liberties Committee]] *[[New York Civil Liberties Union]] *[[Southern Poverty Law Center]] ==References== <div class="references-small" style="-moz-column-count:2; column-count:2;"> <references /> </div> ==External links== {{wikiquote}} *ACLU sites: **[http://www.aclu.org Official ACLU site] **[http://www.aclu.tv/ The ACLU Freedom Files TV series] <!-- If a legitimate link can be found with factual criticism of the ACLU, please add it. 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