A Role of American Civil Liberties Union

Introduction to the American Civil Liberties Union

The American Civil Liberties Union, or ACLU, first arose following World War I. World War I had created a communist fear that swept across the United States, known as the Red Scare. As a result, legislators, specifically one named Mitchell A. Palmer, rounded up anyone who was part of the movement and deemed them “radicals.” This whole process became part of an event known as “the Palmer Raids” (Goldstein, 1978).

The Formation and Early Achievements of the ACLU

Major civil liberty violations ensued, including arrests without warrant and deportations without trial. In response to these pressing issues, the ACLU was established, focusing primarily on freedom of speech. Founded in 1920 by Roger Baldwin, Crystal Eastman, and Walter Nelles, the main purpose of the ACLU is to protect the civil liberties of all individuals in the United States who are entitled to them (Walker, 1990). Over its existence, the ACLU has accomplished much and has won numerous federal court cases. One of the most prominent trials in U.S. history was one of the ACLU’s first victories: the Scopes Trial, which addressed the important issue of the teaching of evolution in schools. The Tennessee legislature had passed a law banning the teaching of evolution in schools. The ACLU encouraged biology teacher John T. Scopes to challenge this law by teaching evolution. Eventually prosecuted, the ACLU defended him with prominent lawyer Clarence Darrow. Although Scopes was convicted, the trial made national headlines and gradually swayed public opinion to change this law.

The ACLU's Role in Landmark Cases

The ACLU also played a significant role in Brown vs. Board of Education of Topeka, a landmark case addressing racial segregation. In collaboration with the NAACP, the case was won in favor of Brown, effectively ending the "separate but equal" doctrine in the United States forever (Kluger, 1975).

The Political Stance of the ACLU

The ACLU is often perceived as a leftist organization that supports liberal perspectives on many issues. While it states that any political party can be a member, the ACLU's consistent defense of civil liberties aligns more closely with the Democratic Party's values than with the Republican Party's. This is evident in their support for issues like censorship and the separation of church and state. Historically, the ACLU has fought for the removal of religious symbols, such as the Ten Commandments, from public land. They even sued for the removal of a Christmas tree and a menorah in New York City (Carter, 2001). The Republican Party, generally having a Christian following, often contrasts with the Democratic Party, which includes a large atheist/non-affiliated following.

The ACLU's Campaigns and Advocacy

Other issues suggesting the ACLU's alignment with the Democratic Party include their stance on the death penalty and LGBT rights. The ACLU is staunchly anti-death penalty and actively participates in related cases, spreading awareness through educational campaigns. The organization also vigorously advocates for LGBT rights, including gay marriage and other constitutional protections for the LGBT community. Their website features information on supposed rights violations concerning LGBT issues. The ACLU brought the first gay marriage case to court in 1971 with Baker vs. Nelson, which they lost, but it kickstarted the fight for gay rights. LGBT rights remain one of the Democratic Party’s main platforms, demonstrating the ACLU's alignment with Democratic values. The group was also closely involved in a California Supreme Court lawsuit to legalize gay marriage, which initially ruled in favor but was overturned by Proposition 8. The ACLU continues to work to reverse its effects (Rimmerman, 2008).

Legislation and Advocacy Tools

An example of legislation the ACLU supports is the decriminalization of marijuana, arguing that it would reduce prison overcrowding to “unacceptable” levels. The ACLU also supports the abolition of the death penalty, gay rights, and prison system reform. To influence policies, the ACLU utilizes litigation, public awareness, lobbying, and media. They predominantly operate through litigation; if a court case involves civil rights, the ACLU will represent individuals to defend their constitutional rights. They claim to appear before the United States Supreme Court more frequently than any organization except the U.S. Department of Justice (Neier, 2003). Recently, the ACLU went to court to sue Walmart for firing an employee for legally using medical marijuana according to state law. This case, Casius vs. Walmart, involved a cancer patient with inoperable brain cancer. The ACLU has represented countless other cases involving constitutional rights and civil liberties violations. Their website provides records of past litigations, current events, and civil rights violations in America, along with fact sheets on issues they address.

Strengths and Weaknesses of the ACLU

The definite strength of the ACLU lies in its ability to defend individuals in court. The number of civil liberties cases it has won is significant, and its efforts have undoubtedly changed the course of history. Without the ACLU, landmark cases like the Scopes Trial and Brown vs. Board of Education may not have occurred, hindering civil rights victories and societal progression. The organization supports those facing legal challenges involving abortion, gay marriage, or racial issues. However, the ACLU's primary weakness is its lack of success in passing major legislation. They have not achieved any significant civil rights victories at the Supreme Court level; instead, they have upheld the Bill of Rights as interpreted by the Court. While they are effective in achieving their agenda, as evidenced by the ongoing issues of gay marriage, abortion, and freedom of speech, there is little more they can do. Despite nearly legalizing gay marriage in California, the statewide vote altered this outcome. Nonetheless, the ACLU fulfills its purpose adequately, advocating for many whose rights have been violated, often resulting in favorable court outcomes.

Conclusion

In conclusion, the ACLU has played a pivotal role in shaping civil liberties in the United States. Through its litigation and advocacy efforts, the organization has influenced numerous landmark cases and continues to champion the rights of individuals across the nation. Although it faces challenges in passing significant legislation, the ACLU remains a vital force in defending civil liberties and promoting social progress.

References

• Carter, S. L. (2001). God's Name in Vain: The Wrongs and Rights of Religion in Politics. Basic Books.
• Goldstein, R. J. (1978). Political Repression in Modern America from 1870 to 1976. Schenkman Publishing Company.
• Kluger, R. (1975). Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality. Alfred A. Knopf.
• Neier, A. (2003). Taking Liberties: Four Decades in the Struggle for Rights. PublicAffairs.
• Rimmerman, C. A. (2008). The Lesbian and Gay Movements: Assimilation or Liberation? Westview Press.
• Walker, S. (1990). In Defense of American Liberties: A History of the ACLU. Oxford University Press.