American Civil Liberties Union

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American Civil Liberties Union
American Civil Liberties Union.JPG
Basic facts
Location:New York, N.Y.
Type:501(c)(3) and 501(c)(4)
Affiliation:Nonpartisan
Top official:Anthony D. Romero, Executive Director
Founder(s):Roger Baldwin, Crystal Eastman and Albert DeSilver
Year founded:1920
Website:Official website

The American Civil Liberties Union (ACLU) is a group of nonprofit organizations that work together to protect and promote civil liberties and constitutional rights through litigation, lobbying, communication and public education. With its national headquarters in New York City, the ACLU has autonomous affiliates in all 50 states and Washington, D.C.[1]

Mission and history

The ACLU summarizes its work as follows:[2]

For nearly 100 years, the ACLU has been our nation’s guardian of liberty, working in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country.[3]

The American Civil Liberties Union was founded in 1920 by Roger Baldwin, Crystal Eastman and Albert DeSilver, in response to politically motivated raids and arrests carried out by Attorney General A. Mitchell Palmer.[2] The new organization defended trade union organizers and secured the release of antiwar activists.

A few years later, the ACLU defended Tennessee biology teacher John Scopes in a sensational public trial when he was charged with violating the state's prohibition on teaching evolution. Since then, some of the ACLU's most notable cases have included Brown v. Board of Education (1954), Tinker v. Des Moines (1969), Roe v. Wade (1973), National Socialist Party of America v. Village of Skokie (1977) and ACLU v. Reno (1997).[1]

Work

The name "American Civil Liberties Union" refers to a group of separate but affiliated entities that work towards the same goal. There are two national groups: a 501(c)(4) organization named the "American Civil Liberties Union" that engages in limited lobbying activities, and the "ACLU Foundation," a 501(c)(3) educational nonprofit organization. Both organizations share the same office space in New York and provide funding for litigation and public awareness programs.[4]

As the largest public interest law firm in the United States, the ACLU employs about 200 staff attorneys plus thousands of volunteer attorneys who handle nearly 6000 cases annually. Since 1920 the ACLU has appeared before the U.S. Supreme Court more times than any other private entity, and in addition to its extensive state and federal litigation, the ACLU lobbies Congress and educates the public on civil liberties issues.[1]

Issues

  • Capital punishment
  • Criminal law reform
  • Disability rights
  • Free speech
  • HIV
  • Human rights
  • Immigrants' rights
  • Juvenile justice
  • LGBT rights
  • Mass incarceration
  • National security
  • Prisoners' rights
  • Privacy & technology
  • Racial justice
  • Religious liberty
  • Reproductive freedom
  • Voting rights
  • Women's rights

Amicus brief activity

The ACLU files amicus curiae briefs in courts throughout the country. According to the ACLU's website, the organization filed amicus briefs in the following U.S. Supreme Court cases from 2010 to 2016:[5]
Amicus briefs filed by the ACLU in the U.S. Supreme Court, 2010-2016
2010[6]
  • Snyder v. Phelps
  • Brown v. Entertainment Merchants Association
  • J.D.B. v. North Carolina
  • NASA v. Nelson
  • Brown v. Plata
  • Sossamon v. Texas
  • Connick v. Thompson
  • FCC v. AT&T
  • Milner v. Department of the Navy
  • Cullen v. Pinholster
  • Wal-Mart v. Dukes
  • Fox v. Vice
2011[7]
  • National Federation of Independent Business v. Sebelius
  • Reichle v. Howards
  • FCC v. Fox Television Stations, Inc.
  • United States v. Alvarez
  • Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC
  • U.S. v. Jones
  • Florence v. Board of Chosen Freeholders
  • Missouri v. Frye
  • Lafler v. Cooper
  • Minneci v. Pollard
  • Messerschmidt v. Millender
  • Arizona v. U.S.
  • Coleman v. Court of Appeals of Maryland
  • Golan v. Holder
  • Maples v. Thomas
  • Dorsey v. U.S.
  • Mayo Collaborative Services v. Prometheus Laboratories, Inc.
  • Douglas v. Independent Living Center
2012[8]
  • Hollingsworth v. Perry
  • Agency for International Development v. Alliance for Open Society International Inc.
  • Bailey v. United States
  • Florida v. Harris
  • Maryland v. King
  • Salinas v. Texas
  • Alleyne v. United States
  • Fisher v. University of Texas
  • Kiobel v. Royal Dutch Petroleum
  • McBurney v. Young
  • Adoptive Couple v. Baby Girl
  • Ryan v. Gonzales
2013[9]
  • Lane v. Franks
  • McCullen v. Coakley
  • Town of Greece v. Galloway
  • Burwell v. Hobby Lobby Stores Inc.
  • Riley v. California
  • Kansas v. Cheever
  • Alice Corporation Pty. Ltd. v. CLS Bank International
  • Susan B. Anthony List v. Driehaus
2014[10]
  • Williams-Yulee v. Florida Bar
  • Walker v. Sons of Confederate Veterans
  • Kerry v. Din
  • Kingsley v. Hendrickson
  • Arizona State Legislature v. Arizona Independent Redistricting Commission
  • City and County of San Francisco v. Sheehan
  • Armstrong v. Exceptional Child Center Inc.
  • Texas Department of Housing and Community Affairs v. Inclusive Communities Project
  • Alabama Legislative Black Caucus v. Alabama
  • EEOC v. Abercrombie & Fitch Stores Inc.
  • Young v. United Parcel Service Inc.
  • Holt v. Hobbs
  • Jesinoski v. Countrywide Home Loans Inc.
  • Elonis v. United States
2015[11]
  • Utah v. Strieff
  • Birchfield v. North Dakota
  • Montgomery v. Louisiana
  • Hurst v. Florida
  • Whole Women’s Health v. Hellerstedt
  • Williams v. Pennsylvania
  • Fisher v. University of Texas at Austin
  • Zubik v. Burwell,
  • Evenwel v. Abbott
  • Dollar General Corp. v. Mississippi Band of Choctaw Indians
  • Simmons v. Himmelreich
  • United States v. Texas
2016
  • Moore v. Texas[12]
  • Trinity Lutheran Church v. Pauley[13]
  • Peña-Rodriguez v. State of Colorado[14]

Board members

ACLU

National Board of Directors National Advisory Council
  • 80 members
  • Overall governing and policy-making body
  • Meets 4 times per year
  • Contains committees that study issues and make recommendations to the Board
  • 90 members, including prominent Americans of different fields
  • Advises the Board of Directors on issues
  • No decision-making power
  • Members participate in Board's committees

The ACLU is led by two large governing bodies, the National Board of Directors and the National Advisory Council. The board is responsible for making decisions about the activities and overall direction of the organization, while the advisory council offers opinions and advice to help the board make its decisions.[4]

The national board is composed of one representative from each state-level affiliate of the ACLU, plus a number of "at-large" members from across the country.[4] A complete and current list of ACLU board members can be found here. As a separate legal entity, the ACLU Foundation is managed by its own Board of Directors made up of selected members from the national board.[15]

ACLU Foundation

The Board of Directors of the ACLU Foundation includes the following individuals:[15]

  • Claudia Angelos
New York
  • Luz Buitrago
California
  • Ron Chen
New Jersey
  • Robert Chester
Nevada
  • Rehan Hasan
Colorado
  • Susan Herman (President)
New York
  • Aundré Herron
California
  • Aly Kassam-Remtulla
New Jersey
  • M. Calien Lewis
Maine



  • Roslyn Litman (General Counsel)
Pennsylvania
  • Robert Remar (Vice President, Secretary, Treasurer)
Georgia
  • Ron Tyler (General Counsel)
California
  • Gary Williams (Vice President)
California

Finances

The following is a breakdown of the ACLU's revenue and expenses for the 2010-2013 tax years:

Annual revenue and expenses for American Civil Liberties Union, 2010-2013
Tax Year Total Revenue Total Expenses
2013[16] $36,933,127 $37,030,460
2012[16] $34,724,259 $36,898,765
2011[17] $33,858,928 $31,899,743
2010[17] $30,896,398 $28,867,481

The following is a breakdown of the ACLU Foundation's revenue and expenses for the 2010-2013 tax years:

Annual revenue and expenses for American Civil Liberties Union Foundation, 2010-2013
Tax Year Total Revenue Total Expenses
2013[18] $70,273,661 $89,345,364
2012[18] $68,163,629 $74,213,958
2011[19] $80,607,745 $71,535,506
2010[19] $74,790,489 $70,165,716

Notable cases

The following tables display a selection of notable cases that the ACLU has been involved in, whether through representation or serving as an amicus curiae.

[edit]
Name Court Majority author or presiding judge Summary
Tinker v. Des Moines Independent Community School District (1969) U.S. Supreme Court Abe Fortas Two siblings and a friend were suspended from school for wearing black armbands to protest the Vietnam War. The Court overturned the district court's decision, finding that the students were entitled to free speech that did not impede the course of educational proceedings.
Buckley v. Valeo (1976) U.S. Supreme Court Decided per curiam The Federal Election Campaign Act as amended in 1974 was partially struck down by the Court, which found that unlimited spending in campaigns was protected by the First Amendment. The ACLU filed a brief on the petitioner's behalf arguing that unlimited monetary contributions to campaigns represents absolute free speech.
Reno v. ACLU (1997) U.S. Supreme Court John Paul Stevens The Court struck down parts of the Communications Decency Act of 1996, which regulated the transmission of online pornography as to prevent access by minors. The majority stated that the Internet is akin to the press in being afforded full First Amendment protection of speech, although the provisions against obscenity and child pornography could be still enforced.
Name Court Majority author or presiding judge Summary
Brown v. Board of Education (1954) U.S. Supreme Court Earl Warren The court overturned the ruling in Plessy v. Ferguson (1986), finding that racial segregation in public schools violated the Equal Protection Clause of the Fourteenth Amendment.
Loving v. Virginia (1967) U.S. Supreme Court Earl Warren An interracial couple was sentenced to one year in prison for violating Virginia's Racial Integrity Act of 1924. ACLU lawyer Bernard Cohen defended the couple. The Court found that the Virginia law violated the Equal Protection Clause.
Reed v. Reed (1971) U.S. Supreme Court Warren Burger The Court struck down an Idaho law giving preferential treatment to men in deciding executors of estates, saying that the Equal Protection Clause prohibits sex-based discrimination.
Name Court Majority author or presiding judge Summary
Roe v. Wade (1973)
Doe v. Bolton (1973)
U.S. Supreme Court Harry Blackmun The Court decided the cases the same day, ruling that the plaintiffs had their Fourteenth Amendment due process rights violated by state laws restricting abortion. The ACLU represented the plaintiff in the latter case.
Lawrence v. Texas (2003) U.S. Supreme Court Anthony Kennedy The Court overturned the ruling in Bowers v. Hardwick (1986), which upheld Georgia's anti-sodomy law on the grounds that a constitutional protection for sexual privacy was not present. The Lawrence ruling, based on the Fourteenth Amendment, effectively struck down all state-level anti-sodomy laws.
Safford Unified School District v. Redding (2009) U.S. Supreme Court David Souter The Court held that the Fourth Amendment rights of a middle schooler were violated when school officials strip-searched her for drugs.
Name Court Majority author or presiding judge Summary
Tennessee v. Scopes (a/k/a the Scopes Monkey Trial) (1925)
Scopes v. Tennessee (1927)
Tennessee Criminal Court
Tennessee Supreme Court
John T. Raulston
Grafton Green
John Scopes, a biology teacher, was charged with violating Tennessee's ban on the teaching of evolution. Scopes was convicted and fined $100; his trial served more as a high-profile ideological showdown between William Jennings Bryan for the prosecution and ACLU lawyer Clarence Darrow (who infamously cross-examined Bryan) for the defense. Scopes and Darrow appealed unsuccessfully, but the conviction was overturned on a technicality: the county judge decided the fine, not the jury as prescribed.[20]
Wallace v. Jaffree (1985) U.S. Supreme Court John Paul Stevens The Supreme Court overturned Alabama's "moment of silence" law, intended for public school students to briefly undertake "meditation or voluntary prayer" on First Amendment grounds.
Kitzmiller v. Dover Area School District (2005) United States District Court for the Middle District of Pennsylvania John E. Jones A district court ruled that the teaching of intelligent design in public schools violated the Establishment Clause of the First Amendment.

Notable events

Wikimedia Foundation v. NSA

On March 10, 2015, the ACLU filed a lawsuit against the United States National Security Agency (NSA) on behalf of a broad group of nonprofit organizations. The plaintiffs in Wikimedia Foundation, et al. v. NSA, et al. contend that the NSA's practice of "upstream" internet surveillance violates their Fourth Amendment right to privacy and infringes on their First Amendment rights while exceeding the Congressional authority granted by the FISA Amendments Act.

The central issue in this case is a practice that the NSA uses to tap into online communications involving Americans and foreigners. It is known as "upstream" surveillance because the Internet traffic that the NSA intercepts and analyzes is obtained close to the source, with the help of major telecommunications companies. The NSA claims spying authority under the FISA Amendments Act of 2008, while the ACLU contends that the organization's warrantless review process illegally probes the email and Internet communications of millions of ordinary Americans.

The lawsuit was filed in federal district court in Maryland where the NSA is headquartered. The 9 plaintiffs that the ACLU represents in this case are Wikimedia Foundation, the Rutherford Institute, The Nation magazine, Amnesty International USA, PEN American Center, Human Rights Watch, the National Association of Criminal Defense Lawyers, Global Fund for Women, and the Washington Office on Latin America. Defendants include the NSA, the U.S. Department of Justice, Director of National Intelligence James R. Clapper and former Attorney General Eric Holder.[21]

Recent news

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See also

External links

Footnotes

  1. 1.0 1.1 1.2 American Civil Liberties Union, "ACLU History," accessed June 19, 2015
  2. 2.0 2.1 ACLU, "About the ACLU," accessed June 19, 2015
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  4. 4.0 4.1 4.2 ProCon.org, "ACLU Structure," accessed June 19, 2015
  5. American Civil Liberties Union, "Court battles," accessed September 26, 2016
  6. American Civil Liberties Union, "ACLU summary of the 2010 Supreme Court term," accessed September 26, 2016
  7. American Civil Liberties Union, "ACLU summary of the 2011 Supreme Court term," accessed September 26, 2016
  8. American Civil Liberties Union, "ACLU summary of the 2012 Supreme Court term," accessed September 26, 2016
  9. American Civil Liberties Union, "ACLU summary of the 2013 Supreme Court term," accessed September 26, 2016
  10. American Civil Liberties Union, "ACLU summary of the 2014 Supreme Court term," accessed September 26, 2016
  11. American Civil Liberties Union, "ACLU summary of the 2015 Supreme Court term," accessed September 26, 2016
  12. American Civil Liberties Union, "Moore v. Texas," accessed September 26, 2016
  13. American Civil Liberties Union, "Trinity Lutheran Church v. Pauley," accessed September 26, 2016
  14. American Civil Liberties Union, "Peña-Rodriguez v. State of Colorado," accessed September 26, 2016
  15. 15.0 15.1 ACLU, "Officers & Board of Directors," accessed June 19, 2015
  16. 16.0 16.1 ACLU, "American Civil Liberties Union IRS Form 990 (2013)," accessed June 18, 2015
  17. 17.0 17.1 ACLU, "American Civil Liberties Union IRS Form 990 (2011)," accessed June 18, 2015
  18. 18.0 18.1 ACLU, "American Civil Liberties Union Foundation IRS Form 990 (2013)," accessed June 18, 2015
  19. 19.0 19.1 ACLU, "American Civil Liberties Union Foundation IRS Form 990 (2011)," accessed June 18, 2015
  20. Douglas Linder, "State v. John Scopes ('The Monkey Trial')," accessed March 7, 2014
  21. ACLU, "ACLU Sues NSA to Stop Mass Internet Spying," March 10, 2015