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The American Civil Liberties Union ACLU is a nonprofit organization   whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States. The ACLU provides legal assistance in cases when it considers civil liberties to be at risk.
Legal support from the ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include: Legally, the ACLU consists of two separate but closely affiliated nonprofit organizations: Both organizations engage in civil rights litigation, advocacy, and education, but only donations to the c 3 foundation are tax deductible, and only the c 4 group can engage in unlimited political lobbying.
During the s, the ACLU started to engage in work combating police misconduct and supporting Native American rights. In , the ACLU leadership voted to exclude Communists from its leadership positions, a decision rescinded in By , membership had risen to 80,, and the ACLU participated in efforts to expand civil liberties.
In the s, the ACLU continued its decades-long effort to enforce separation of church and state. It defended several anti-war activists during the Vietnam War. The ACLU was involved in the Miranda case , which addressed conduct by police during interrogations, and in the New York Times case , which established new protections for newspapers reporting on government activities.
In the s and s, the ACLU ventured into new legal areas, involving the rights of homosexuals, students, prisoners, and the poor. In the twenty-first century, the ACLU has fought the teaching of creationism in public schools and challenged some provisions of anti-terrorism legislation as infringing on privacy and civil liberties.
Fundraising and membership spiked after the election ; the ACLU's current membership is more than 1. Herman and Anthony Romero , respectively, in The executive director manages the day-to-day operations of the organization. The leadership of the ACLU does not always agree on policy decisions; differences of opinion within the ACLU leadership have sometimes grown into major debates. In , an internal debate erupted over whether to defend Henry Ford 's right to distribute anti-union literature.
The ACLU solicits donations to its charitable foundation. At its discretion, the national organization provides subsidies to smaller affiliates that lack sufficient resources to be self-sustaining; for example, the Wyoming ACLU chapter received such subsidies until April , when, as part of a round of layoffs at the national ACLU, the Wyoming office was closed.
Due to the nature of its legal work, the ACLU is often involved in litigation against governmental bodies, which are generally protected from adverse monetary judgments; a town, state or federal agency may be required to change its laws or behave differently, but not to pay monetary damages except by an explicit statutory waiver. In some cases, the law permits plaintiffs who successfully sue government agencies to collect money damages or other monetary relief.
In particular, the Civil Rights Attorney's Fees Award Act of 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. In , the Public Expressions of Religion Protection Act sought to prevent monetary judgments in the particular case of violations of church-state separation. Most of the organization's workload is performed by its local affiliates.
There is at least one affiliate organization in each state, as well as one in Washington, DC, and in Puerto Rico. California has three affiliates. Each affiliate consists of two non-profit corporations: For example, in a twenty-month period beginning January , the ACLU's New Jersey chapter was involved in fifty-one cases according to their annual report—thirty-five cases in state courts, and sixteen in federal court.
They provided legal representation in thirty-three of those cases, and served as amicus in the remaining eighteen. They listed forty-four volunteer attorneys who assisted them in those cases. The ACLU is supported by a variety of persons and organizations.
There were over 1,, members in , and the ACLU annually receives thousands of grants from hundreds of charitable foundations. The ACLU has been criticized by liberals, such as when it excluded Communists from its leadership ranks, when it defended Neo-Nazis, when it declined to defend Paul Robeson , or when it opposed the passage of the National Labor Relations Act.
But the defense of freedom of speech is most critical when the message is one most people find repulsive. Three United States Supreme Court decisions in each upheld convictions under laws against certain kinds of anti-war speech. In , the Court upheld the conviction of Socialist Party leader Charles Schenck for publishing anti-war literature.
United States , the court upheld the conviction of Eugene Debs. While the Court upheld a conviction a third time in Abrams v. United States , Justice Oliver Wendell Holmes wrote an important dissent which has gradually been absorbed as an American principle: In , Crystal Eastman resigned from the organization due to health issues. He wanted to change its focus from litigation to direct action and public education. His charisma and energy attracted many supporters to the ACLU board and leadership ranks.
In the s, government censorship was commonplace. Magazines were routinely confiscated under the anti-obscenity Comstock laws ; permits for labor rallies were often denied; and virtually all anti-war or anti-government literature was outlawed. ACLU leadership was divided on how to challenge the civil rights violations. One faction, including Baldwin, Arthur Garfield Hays and Norman Thomas , believed that direct, militant action was the best path.
During the s, the ACLU's primary focus was on freedom of speech in general, and speech within the labor movement particularly. In addition to labor, the ACLU also led efforts in non-labor arenas, for example, promoting free speech in public schools. When arrived — five years after the ACLU was formed — the organization had virtually no success to show for its efforts. Scopes to defy Tennessee's anti- evolution law in The State of Tennessee v.
The prosecution, led by William Jennings Bryan , contended that the Bible should be interpreted literally in teaching creationism in school. The Tennessee Supreme Court later upheld the law but overturned the conviction on a technicality.
Arkansas and the case Kitzmiller v. Dover Area School District. Baldwin himself was involved in an important free speech victory of the s, after he was arrested for attempting to speak at a rally of striking mill workers in New Jersey.
Although the decision was limited to the state of New Jersey, the appeals court's judgement in declared that constitutional guarantees of free speech must be given "liberal and comprehensive construction", and it marked a major turning point in the civil rights movement , signaling the shift of judicial opinion in favor of civil rights.
New York , in which Benjamin Gitlow was arrested for violating a state law against inciting anarchy and violence, when he distributed literature promoting communism.
After the First World War, many native-born Americans had a revival of concerns about assimilation of immigrants and worries about "foreign" values; they wanted public schools to teach children to be American. Numerous states drafted laws designed to use schools to promote a common American culture, and in , the voters of Oregon passed the Oregon Compulsory Education Act.
The law was primarily aimed at eliminating parochial schools , including Catholic schools. The Oregon Compulsory Education Act required almost all children in Oregon between eight and sixteen years of age to attend public school by Hart , the then—Supreme Advocate and future Supreme Knight of the Knights of Columbus , offered to join forces with the Knights to challenge the law.
The case became known as Pierce v. In a unanimous decision, the court held that the act was unconstitutional and that parents, not the state, had the authority to educate children as they thought best. Leaders of the ACLU were divided on the best tactics to use to promote civil liberties. Felix Frankfurter felt that legislation was the best long-term solution, because the Supreme Court could not and — in his opinion — should not mandate liberal interpretations of the Bill of Rights.
But Walter Pollack , Morris Ernst , and other leaders felt that Supreme Court decisions were the best path to guarantee civil liberties.
Censorship was commonplace in the early 20th century. State laws and city ordinances routinely outlawed speech deemed to be obscene or offensive, and prohibited meetings or literature that promoted unions or labor organization.
Mencken deliberately broke Boston law by distributing copies of his banned American Mercury magazine; the ACLU defended him and won an acquittal. United States and Memoirs v. The ACLU, led by Morris Ernst, appealed her conviction and won a reversal, in which judge Learned Hand ruled that the pamphlet's main purpose was to "promote understanding". The success prompted the ACLU to broaden their freedom of speech efforts beyond labor and political speech, to encompass movies, press, radio and literature.
Two major victories in the s cemented the ACLUs campaign to promote free speech. California , decided in , the Supreme Court sided with the ACLU and affirmed the right of a communist party member to salute a communist flag. The result was the first time the Supreme Court used the Due Process Clause of the 14th amendment to subject states to the requirements of the First Amendment.
Minnesota , also decided in , the Supreme Court ruled that states may not exercise prior restraint and prevent a newspaper from publishing, simply because the newspaper had a reputation for being scandalous. The late s saw the emergence of a new era of tolerance in the United States. Committee for Industrial Organization affirmed the right of communists to promote their cause. By , the ACLU had achieved many of the goals it set in the s, and many of its policies were the law of the land.
In , after the Scopes and Dennett victories, Baldwin perceived that there was vast, untapped support for civil liberties in the United States. The ACLU played a major role in passing the Norris—La Guardia Act , a federal law which prohibited employers from preventing employees from joining unions, and stopped the practice of outlawing strikes, unions, and labor organizing activities with the use of injunctions. Although the ACLU deferred to the NAACP for litigation promoting civil liberties for African Americans, the ACLU did engage in educational efforts, and published Black Justice in , a report which documented institutional racism throughout the South, including lack of voting rights, segregation, and discrimination in the justice system.
Roosevelt administration proposed the New Deal to combat the depression. ACLU leaders were of mixed opinions about the New Deal, since many felt that it represented an increase in government intervention into personal affairs, and because the National Recovery Administration suspended anti-trust legislation. The ACLU fought these bans, but did not prevail. The Catholic Church attained increasing political influence in the s, and used its influence to promote censorship of movies, and to discourage publication of birth control information.
The ACLU took no official position on president Franklin Delano Roosevelt's court-packing plan , which threatened to increase the number of Supreme Court justices, unless the Supreme Court reversed its course and began approving New Deal legislation. The first decision that marked the court's new direction was De Jonge v. Oregon , in which a communist labor organizer was arrested for calling a meeting to discuss unionization.
Douglas , and Frank Murphy established a body of civil liberties law. Stone wrote the famous "footnote four" in United States v.
Wagner proposed the National Labor Relations Act in , which empowered workers to unionize. Ironically, the ACLU, after 15 years of fighting for workers' rights, initially opposed the act it later took no stand on the legislation because some ACLU leaders feared the increased power the bill gave to the government.
Some factions in the ACLU proposed new directions for the organization.
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