Special Interest Group: American Civil Liberties Union And The ACLU Foundation

Special Interest Group: American Civil Liberties Union
Champ Johnson
AJS 552
May 5, 2014 Special Interest Group: American Civil Liberties Union The United States is blanketed with legal protection by the ACLU. It is difficult to cover everything because it is so involved in the many different aspects in the fight for civil liberties. I will attempt illustrate what the ACLU (American Civil Liberties Union) is, and how they have affected our society in public safety and our civil rights. The ACLU actually consists of two different organizations; The American Civil Liberties Union and the ACLU Foundation. Each branch conducts different tasks defending the civil liberties of citizens and is collectively come under the name ACLU. Political
lobbying is the primary focus for the ACLU. Accepting tax-deductible donations are restricted by laws from these lobbying groups and membership dues are not tax deductible. Through litigation and communications efforts is that of the ACLU Foundation. The ACLU Foundation receiving donations are tax deductible. New York City is the national headquarters of the ACLU with each state owning its own financially independent chapter.
Operating autonomously each chapter to include the smaller ones receive funding from the national chapter. Then national chapter gets directly involved in certain major cases. Members donate funds within their chapter also volunteer at events and provide information via action committees and e-mail. The most important volunteers are the cooperating attorneys for the ACLU. These lawyers work cases and receive no money for their services. With the help of the cooperating attorneys analyze new legislation affecting civil rights, file complaints or comments with regulatory agencies, and participate in public information programs. The attorneys who do get paid by the ACLU work full-time for the organization. Public order and civil liberties contain a considerable amount of law: freedom of speech and press, separation of church and state, free exercise of religion, due process of law, equal protection, and privacy. (Walker, 1990). Even though in its noble efforts, the ACLU has a poor public image. Contributing factors for such hate or support can be attributed to the morality and personal nature of the issues. From all corners of society such issues as these incite feelings. The
segments of society that do not agree totally with the mainstream are rights the ACLU tries to protect. Even such detested groups such as the KKK, Nazis, and Communist freedom of speech rights are protected. One such example is the Skokie case the ACLU took on. The media covered this case on April 28, 1977, which involved the rights of an American Nazi name Frank Collin. (Walker, 1990). This case defended the rights of someone who is a member of one of the most despised ideologies in the country. Although the ACLU was only doing what it does in defending the rights of Collin, it nearly was shut down when members withdrew their membership and support. Other cases were, the 2004 trial regarding allegations of Rush Limbaugh 's drug abuse, the ACLU argued that allowing law enforcement examination of his medical records should not have compromised his privacy. (Donaldson-Evans, 2004). On April 2006 the ACLU sued the City of Los Angeles, on behalf of Robert Lee Purrie and five other homeless, for the city 's violation of the 8th and 14th Amendments to the U.S. Constitution. The court ruled in favor of the ACLU stating that the LAPD cannot arrest people for merely lying down and sleeping. (Moore, 2007). Not only are the individual rights of American citizens protected by due process but also through several aspects of civil and criminal law. Common violations such as unlawful search and seizures, legal counsel, speedy trials, and cruel and unusual punishment occur in the judicial process. This results in lawsuits being filed by the accused, additionally advocates for individual rights has opted in forming organizations designed to support the fundamental rights of all humanity. Under certain circumstances that involves criminal threats to public safety, advocates for public order believes it is essential the interests of society will take precedence over one’s individual rights. (Schmalleger, 2008). The failure of the privacy laws is evident in its efforts to stay up with emerging technologies.
To ensure expressive, associational, and privacy rights are strengthened instead of being compromised by new technology is the goal of the Protecting Civil Liberties and protect the core democratic rights when corporate and government practices that rely on new technology that invades these rights. The government regularly tracks all calls of nearly every common American and spy on a large number of Americans’ international calls, text messages, and emails. Whistle blower Eric Snowden, a contractor with NSA, willfully and knowingly exposed the government’s most sensitive surveillance techniques without authorization and the most fundamental rights as individuals. The ACLU has been fighting for over 12 years to end government surveillance’s lack of oversight that allows it to invade the rights and lives of millions of Americans. When the case against mass surveillance reached the Supreme Court several years ago, was dismissed due to lack of sufficient evidence of the secret programs. Leading the way, the ACLU’s struggle to rein in the surveillance superstructure which strikes at the core of our privacy rights, freedom of speech and association will continue. ("ACLU: National
Security"). On behalf of American citizens and permanent residents to include several U.S. military service members who were prevented from returning to U.S. from abroad, the ACLU and its affiliates in 2010, filed a lawsuit with the argument that the U.S. effort to bar them from flying without due process was unconstitutional. (ACLU: National Security—No-fly-list). The ACLU sought preliminary relief for those stranded overseas so they could return to the U.S., and the government allowed those Americans to board returning flights without explaining why they were put on the list, or whether they would be barred from flying in the future. The government has now put in place an informal process for U.S. citizens apparently placed on the No Fly List to secure a one-time waiver to fly home, but the constitutional issues in the case remain under litigation. U.S. military veterans, none of which have been named as plaintiffs, none are charged with any crime or told why the government has barred them from flying or even given the opportunity to challenge why they are included on the No Fly List. Many cannot pursue business opportunities or be with friends and family abroad, and U.S. Customs officials even prevented one ACLU client, Abdullatif Muthanna, from boarding a boat in Philadelphia in a failed attempt to travel to see family members living overseas. (ACLU: National Security—No-fly-list). The systematic policies of torture and targeted killing, extraordinary rendition and warrantless wiretaps, military commissions and indefinite detention, political surveillance and religious discrimination were unimaginable ten years ago in our country. These policies were not only completely at odds with our values, but when we engaged in them, our alliance and relations with our allies have been strained, created tools of propaganda for our enemies, the trust of communities we needed essential cooperation in the fight against terrorism was undermined, and scarce law enforcement resources was diverted. Not all, but some of these policies have stopped. No longer condoned officially are torture and extraordinary rendition. Remaining policies are indefinite detention, targeted killing, trial by military commissions, warrantless surveillance, and racial profiling, remain a core element of our national security strategy today. Restoring the rule of law is the ACLU’s commitment. The issuance of executive orders some 18 months ago, civil liberties and national security issues have been mixed on the administration’s record. The accountability for torture, detention of terrorism suspects, and use of lethal force against civilians are a range of issues that the Obama administration dangerously will enshrine permanently within the law policies and practices that were widely considered during the Bush administration as extreme and unlawful. The Obama administration may preside over the creation of the new normal is the real danger. ("ACLU: National Security"). The balance between the protection of individual civil liberties and establishing a safe and secure environment for the public is a delicate process. Public safety may at times take precedence over civil rights. The fact is, we as citizens, we do have rights and because the government’s job is to protect the public doesn’t make it right to violate the civil rights of individuals. People will always have reasons to think rights should be violated in the safety and security of America. Defending and preserving the individual rights and liberties of our Constitution and laws of the United States that guarantees this to everyone in this country is the job the ACLU does by working daily in courts, legislature, and communities and is known as our nation’s guardian of liberty.

References:
ACLU: Digital Age. Retrieved from https://www.aclu.org/protecting-civil-liberties-digital-age
ACLU: National Security. Retrieved from https://www.aclu.org/blog/national-security/how-nsas- surveillance-procedures-threaten-americans-privacy
ACLU: National Security. Retrieved from https://www.aclu.org/national-security/latif-et-al-v- holder-et-al-aclu-challenge-government-no-fly-list
Donaldson-Evans, C. (2004, January 12). ACLU Comes to Rush Limbaugh 's Defense. Foxnews.com. Retrieved from http://www.foxnews.com/story/2004/01/12/aclu-comes-to- rush-limbaugh-defense
Memorandum of Points and Authorities in Opposition to Defendant’s Motion for Partial Summary Judgment, Latif, et al. v. Holder, No. 10-cv-750 (BR), at 25 n25 (D.Or. Mar. 22, 2013), http://www.aclu.org/files/assets/nfl_sj_opp.pdf.
Moore, S. (2007, October 31). Some respite, if little cheer, for skid row homeless. The New York Times. Retrieved from http://www.nytimes.com/2007/10/31/us/31skidrow.html?_r=0
Schmalleger, F. (2008) Criminal Justice Today: An Introductory Text for the 21st Century. Ninth edition. Pearson Custom Publishing
Walker, Samuel. In Defense of American Liberties: A History of the ACLU. New York: Oxford UP, 1990.