We Did Not Know What Was Coming Series: My Newest Hero — The American Civil Liberties Union

PREFACE: To say the last seven years have been a journey of growth for me and this country is an understatement. To help me process and cope with the roller-coaster of emotions I have felt these years, I started writing on Medium right after the 2016 election. My last series ended December 31, 2020, after Biden won the presidential election.

Recently I realized I missed writing “in my journal” and decided to go back to the very beginning and re-read my essays. I wanted to see where I started out on November 9, 2016, and where I am now. I decided to repost my favorite blogs with a short present-day commentary and continue onto current times.

I hope a few of you will join me on this journey of recollection, reflection, and learning. Little did we know what we were headed into.

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My Newest Hero — The American Civil Liberties Union: December 19, 2016

In 1978 I was a twenty-five-year-old graduate student at the University of Chicago. During that year a Neo-Nazi group decided to march through the Chicago suburb of Skokie, home to many Holocaust survivors and their families. The community was outraged and the permit to march was denied, but that was not the end of the story.

Despite great public indignation the American Civil Liberties Union stepped in to defend the Neo-Nazi’s group right to free speech and assembly. I was confused to say the least. How could the ACLU defend such a horrible message? Well I was young and uninformed. They did not support the message of the Neo-Nazis but they were adamant in protecting the First Amendment of the United States Constitution.

I cannot say I followed the ACLU through the years. I knew their lawyers argued cases in the federal courts sometimes reaching the U.S. Supreme Court but I did not pay much attention. I think I liked they were in the background protecting our constitution, but it was not a sexy organization that grabbed a lot of spotlight and media attention. I was busy living and not worried about constitutional rights.

Yet the day after Trump won the election, I went straight to their web site and became a monthly donor. So did a few other people; they raised over $7.2 million dollars in donations by November 14th. Suddenly defending the Constitution seemed pretty relevant. I have since spent time doing Internet searches on their history and work and going through their exhaustive web site. I am impressed and grateful for these folks.

Here are some highlights of this warrior organization:

· Started in 1920 the stated mission of the ACLU 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 consists of two separate but closely affiliated nonprofit organizations — the ACLU and the ACLU Foundation.

The facts below relate to the ACLU only:

· The organization is nonpartisan and nonprofit. Funding comes from dues, contributions, grants from private foundations and fees from some individuals they represent.

· Currently the ACLU has more than 500,000 members with a budget of $43 million.

· The average member donation is $50 per year.

· They have a 50-state network of autonomous affiliate offices with 200 ACLU staff attorneys who collaborate with 2,000 volunteer attorneys handling close to 6,000 cases a year.

· They appear before the United States Supreme Court more than any other organization except the U.S. Department of Justice.

· Their work includes litigation, legislative lobbying at the state and federal level as well public education on a wide range of legal issues.

· A number of national projects address specific civil liberties issues: AIDS, capital punishment, opposing torture, lesbian and gay rights, immigrants’ rights, prisoners’ rights, reproductive freedom, voting rights, women’s rights, the rights of people with disabilities, workplace rights, and opposing government preference for religion over non-religion or for particular faiths over others.

In case anyone wonders about the efficacy of the ACLU here are a few cases they cite on their history page: https://www.aclu.org/about/aclu-history:

· 1920 — Palmer Raids

In its first year, the ACLU championed the targets of Attorney General A. Mitchell Palmer including politically radical immigrants. The ACLU also supported the right of trade unionists to hold meetings and organize, and the organization secured the release of hundreds of activists imprisoned for their antiwar activities.

· 1925 — The Scopes Case

When biology teacher John T. Scopes was charged with violating a Tennessee ban on the teaching of evolution, the ACLU was there and secured celebrated attorney Clarence Darrow for his defense.

· 1942 — Fighting the Internment of Japanese Americans

The ACLU stood almost alone in denouncing the federal government’s internment of more than 110,000 Japanese Americans in concentration camps.

· 1954 — Brown v. Board of Education

The ACLU, having joined the NAACP in the legal battle for equal education, celebrated a major victory when the Supreme Court declared that racially segregated schools were in violation of the 14th Amendment.

· 1969 — Protecting Free Speech

In Tinker v. Des Moines, the ACLU won a major Supreme Court victory on behalf of public-school students suspended for wearing black armbands in protest of the Vietnam War, a major First Amendment victory.

· 1973 — Reproductive Rights

After decades of struggle, the Supreme Court held — in Roe v. Wade and Doe v. Bolton — that the constitutional right to privacy encompasses a woman’s right to decide whether she will terminate or continue a pregnancy. But the fight still continues, as the ACLU fends off new attacks to erode women’s right to reproductive choice.

· 1978 — Taking a Stand for Free Speech in Skokie

The ACLU took a controversial stand for free speech by defending a Nazi group that wanted to march through the Chicago suburb of Skokie — where many Holocaust survivors lived. The notoriety of the case cost the ACLU dearly as members left in droves, but to many it was the organization’s finest hour, and it has come to represent the ACLU’s unwavering commitment to principle.

· 1981 — Creationism in Arkansas

Fifty-six years after the Scopes trial, the ACLU challenged an Arkansas statute requiring that the biblical story of creation be taught as a “scientific alternative” to the theory of evolution. A federal court found the statute, which fundamentalists saw as a model for other states, unconstitutional. That fight continues today as the ACLU takes on the “intelligent design” movement with cases like the 2005 victory in Dover, Pennsylvania.

· 1997 — Internet Free Speech

In ACLU v. Reno, the Supreme Court struck down the 1996 Communications Decency Act, which censored the Internet by broadly banning “indecent” speech. Since then, Congress has passed numerous versions of the Child Online Protection Act (COPA), a federal law that would criminalize constitutionally protected speech on the Internet. Each time the law has been challenged by the ACLU and declared unconstitutional.

· 2001 to Present — Keeping America Safe and Free

Since 9/11 terrorist attacks, the ACLU has been working vigorously to oppose policies that sacrifice our fundamental freedoms in the name of national security. From working to fix the Patriot Act to challenging NSA warrantless spying, the organization’s advocates are working to restore fundamental freedoms lost as a result of the Bush administration policies that expanded the government’s power to invade privacy, imprison people without due process, and punish dissent.

· 2003 — Equal Treatment for Lesbians and Gay Men

In Lawrence v. Texas, the U.S. Supreme Court accepted the ACLU’s argument that the court had been wrong when it ruled in Bowers v. Hardwick that the right to privacy did not cover lesbian and gay relationships. It struck down a Texas law that made same-sex intimacy a crime, expanding the privacy rights of all Americans and promoting the right of lesbians and gay men to equality.

· 2003 to 2009 — Exposing Torture

After a five-year legal battle, the ACLU’s Freedom of Information Act lawsuit compelled the release of critical documents detailing the extent of the Bush torture program, including long-secret legal memos justifying waterboarding and other abuses and an Inspector General’s report highlighting CIA abuses. The ACLU is leading the demand for full accountability for those who authorized or condoned torture.

· 2005 — Keeping Religion Out of the Science Classroom

In Kitzmiller v. Dover Area School District, the ACLU represented a group of parents who challenged a public school district requirement for teachers to present so-called “intelligent design” as an alternative to evolution in high school biology classes. In a decision that garnered nationwide attention, a district judge ruled that “intelligent design” is not science and teaching it violated the Establishment Clause of the First Amendment.

· 2009 — Protecting the Right to Privacy

In Safford Unified School District v. Redding, the Supreme Court ruled that school officials violated the constitutional rights of a 13-year-old Arizona girl when they strip searched her based on a classmate’s uncorroborated accusation.

Donald Trump frightens me more every day; if he frightens you I have two requests. The first is to go to the ACLU web site and become a monthly donor. The American Civil Liberties Union is a tried and tested organization with experience and success. Even if Trump had not been elected, I would still urge you to support this organization for I cannot imagine a better way to invest in the protection of our constitutional rights.

Here is the second request. Please go to: https://action.aclu.org/sites/default/files/pages/trumpmemos.pdf: The Trump Memos: The ACLU’s Constitutional Analysis of the Public Statements and Policy Proposals of Donald Trump

This is a twenty seven page document in which the ACLU outlines Trump’s public statements, campaign promises, and proposed policies of his administrations. The organization lays out how his positions on immigration, surveillance of Muslims and the creation of a Muslim database, torture, libel, mass surveillance and abortion violates the U.S. Constitution. These folks are getting ready to meet Donald Trump in court day one and we need to do all we can financially to make sure they have the resources to carry out their work.

I have written several times I have gone to bed restless and afraid. Tonight I am going to sleep well thinking about the brave men and women protecting all us of whether we know it or not. These folks are proven warriors who willingly go into battle every day to preserve our rights as human beings and to uphold our constitution. Donald Trump does not scare them in the least. Please visit their web site and please donate generously. Given the hourly fees of lawyers, getting these guys to work for us is a steal.

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Commentary: November 11, 2023

I went on-line to see how many cases the ACLU filed against trump during his time in office. They filed 400 cases opposing him and his policies.

On October 25, 2023, they filed a motion on trump’s behalf stating a judicial gag order violated his First Amendment right to free speech. Here is the press release issued by the ACLU on October 25, 2023.

ACLU Files Brief Arguing Trump Gag Order Violates the First Amendment

The order, issued in an ongoing election interference case, restricts constitutionally-protected speech

Case: United States v. Trump (Amicus Brief)

October 25, 2023 11:24 am

WASHINGTON — The American Civil Liberties Union today submitted a motion for leave to file an amicus brief arguing that an overly-broad gag order imposed on Donald J. Trump in an ongoing election interference case violates the First Amendment. Among the key arguments within the brief include:

The gag order is too vague in its ban on “targeting” the prosecutor (Special Counsel), potential witnesses, and the “substance of their testimony” because it could be read to encompass mere identification of people or issues, whether or not such “targeting” is threatening or causes any harm.

The gag order is too broad, as it covers the Special Counsel (who is a public official) and the “substance” of any witnesses’ testimony, which will almost certainly include issues that are highly relevant to the 2024 presidential campaign.

The public has a right to hear speech from the defendant, especially as it affects our ability to hold fair and free elections.

The First Amendment provides no license to engage in unlawful speech, including incitement, threats, or solicitation of criminal activity.

However, the gag order currently in place is insufficiently justified since it has not shown a serious threat that the speech it prohibits will threaten the administration of justice.

The ACLU has filed 400 legal actions against former President Trump’s administration. Today, the organization calls on the court to narrow its order to prevent infringing upon the First Amendment right to free speech.

“No modern-day president did more damage to civil liberties and civil rights than President Trump, but if we allow his free speech rights to be abridged, we know that other unpopular voices — even ones we agree with — will also be silenced,” said Anthony D. Romero, executive director of the ACLU. “As much as we disagreed with Donald Trump’s policies, everyone is entitled to the same First Amendment protection against gag orders that are too broad and too vague.”

I was too young to understand the courage of the ACLU in 1978 with respect to their position on the Neo-Nazi march in Skokie, Illinois. I totally understand and appreciate their courage and clarity in 2023. They see the evil of trump and will continue to fight him, but their commitment to the US Constitution which is the bedrock of our democracy is absolute as it was in the Skokie case.

This organization has been been around for more than 100 years and has not faltered once in its mission to to uphold the tenets of the US Constitution. I am on my knees grateful for their vigilance, perseverance and commitment. If you share this appreciation, please donate to them. It is a concrete way to show our support to them, to the rule of law in this country and our Constitution. Thank you to the ACLU.