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ACLU leadership was split on whether to purge its leadership of communists. When World War II engulfed the United States, the Bill of Rights was enshrined as a hallowed document, and numerous organizations defended civil liberties. Two months after the Japanese attack on Pearl Harbor , Roosevelt authorized the creation of military "exclusion zones" with Executive Order , paving the way for the detention of all West Coast Japanese Americans in inland camps.
In addition to the non-citizen Issei prohibited from naturalization as members of an "unassimilable" race , over two-thirds of those swept up were American-born citizens. Not all ACLU leaders wanted to defend the Japanese Americans; Roosevelt loyalists such as Morris Ernst wanted to support Roosevelt's war effort, but pacifists such as Baldwin and Norman Thomas felt that Japanese Americans needed access to due process before they could be imprisoned.
In May, the two factions, one pushing to fight the exclusion orders then being issued, the other advocating support for the President's policy of removing citizens whose "presence may endanger national security," brought their opposing resolutions to a vote before the board and the ACLU's national leaders.
They decided not to challenge the eviction of Japanese American citizens, and on June 22 instructions were sent to West Coast branches not to support cases that argued the government had no constitutional right to do so.
The ACLU offices on the West Coast had been more directly involved in addressing the tide of anti-Japanese prejudice from the start, as they were geographically closer to the issue, and were already working on cases challenging the exclusion by this time. Wirin continued to represent Ernest Kinzo Wakayama but without addressing the case's constitutional questions. The West Coast offices had wanted a test case to take to court, but had a difficult time finding a Japanese American who was both willing to violate the internment orders and able to meet the ACLU's desired criteria of a sympathetic, Americanized plaintiff.
Of the , Japanese Americans affected by the order, only 12 disobeyed, and Korematsu, Hirabayashi, and two others were the only resisters whose cases eventually made it to the Supreme Court. United States came before the Court in May , and the justices upheld the government's right to exclude Japanese Americans from the West Coast;  although it had earlier forced its local office in L. Besig, dissatisfied with Osmond Fraenkel 's tamer defense, filed an additional amicus brief that directly addressed Hirabayashi's constitutional rights.
In the meantime, A. Wirin served as one of the attorneys in Yasui v. United States decided the same day as the Hirabayashi case, and with the same results , but he kept his arguments within the perimeters established by the national office. The only case to receive a favorable ruling, ex parte Endo , was also aided by two amicus briefs from the ACLU, one from the more conservative Fraenkel and another from the more putative Wayne Collins.
United States proved to be the most controversial of these cases, as Besig and Collins refused to bow to the national ACLU office's pressure to pursue the case without challenging the government's right to remove citizens from their homes.
The ACLU board threatened to revoke the San Francisco branch's national affiliation, while Baldwin tried unsuccessfully to convince Collins to step down so he could replace him as lead attorney in the case. Eventually Collins agreed to present the case alongside Charles Horsky , although their arguments before the Supreme Court remained based in the unconstitutionality of the exclusion order Korematsu had disobeyed.
The national office of the ACLU was even more reluctant to defend anti-war protesters. A majority of the board passed a resolution in which declared the ACLU unwilling to defend anyone who interfered with the United States' war effort. Ernest Besig had in visited the Tule Lake Segregation Center , where the majority of these "renunciants" were concentrated, and subsequently enlisted Wayne Collins' help to file a lawsuit on their behalf, arguing the renunciations had been given under duress.
The national organization prohibited local branches from representing the renunciants, forcing Collins to pursue the case on his own, although Besig and the Northern California office provided some support. During his visit to Tule Lake, Besig had also became aware of a hastily constructed stockade in which Japanese American internees were routinely being brutalized and held for months without due process.
Besig was forbidden by the national ACLU office to intervene on behalf of the stockade prisoners or even to visit the Tule Lake camp without prior written approval from Baldwin. Unable to help directly, Besig turned to Wayne Collins for assistance. Collins, using the threat of habeas corpus suits managed to have the stockade closed down. A year later, after learning that the stockade had been reestablished, he returned to the camp and had it closed down for good.
When the war ended in , the ACLU was 25 years old, and had accumulated an impressive set of legal victories. Truman sent a congratulatory telegram to the ACLU on the occasion of their 25th anniversary. Kraemer , when they tried to occupy a house they had purchased in a neighborhood which had racially restrictive housing covenants. The African-American purchasers won the case in Federal investigations caused many persons with Communist or left-leaning affiliations to lose their jobs, become blacklisted, or be jailed.
The ACLU was internally divided when it purged Communists from its leadership in , and that ambivalence continued as it decided whether to defend alleged Communists during the late s. Other ACLU leaders were uncertain about the threat posed by Communists, and tried to establish a compromise between the two extremes.
This program authorized the Attorney General to create a list of organizations which were deemed to be subversive. All were imprisoned for contempt of Congress. The ACLU supported the appeals of several of the artists, but lost on appeal. The ACLU supported legal challenges to the blacklist, but those challenges failed. The federal government took direct aim at the US Communist Party in when it indicted its top twelve leaders in the Foley Square trial.
The ACLU, in a change of heart, supported the party leaders during their appeal process. The Supreme Court upheld the convictions in the Dennis v. United States decision by softening the free speech requirements from a "clear and present danger" test, to a "grave and probable" test. Douglas as the only remaining civil libertarians on the Court. The Dennis decision paved the way for the prosecution of hundreds of other Communist party members.
The ACLU also challenged many loyalty oath requirements across the country, but the courts upheld most of the loyalty oath laws.
In , Raymond L. Wise , ACLU board member —, defended William Perl , one of the other spies embroiled in the atomic espionage cases made famous by the execution of Julius Rosenberg and Ethel Rosenberg. In , the ACLU board of directors asked executive director Baldwin to resign, feeling that he lacked the organizational skills to lead the 9, and growing member organization.
Baldwin objected, but a majority of the board elected to remove him from the position, and he was replaced by Patrick Murphy Malin.
When leftist singer Paul Robeson was denied a passport in , even though he was not accused of any illegal acts, the ACLU chose to not defend him. In response to communist witch-hunts, many witnesses and employees chose to use the fifth amendment protection against self-incrimination to avoid divulging information about their political beliefs. The fifth amendment issue became the catalyst for a watershed event in , which finally resolved the ACLU's ambivalence by ousting the anti-communists from ACLU leadership.
The anti-communists finally gave up and departed the board of directors in late and , ending an eight-year reign of ambivalence within the ACLU leadership ranks. McCarthyism declined in late after television journalist Edward R. Murrow and others publicly chastised McCarthy. In , in Brown v. Board of Education , the Supreme Court unanimously overturned state-sanctioned school segregation, and thereafter a flood of civil rights victories dominated the legal landscape.
United States and Yates v. United States , both of which undermined the Smith Act and marked the beginning of the end of communist party membership inquiries. Postmaster General in which the plaintiff was Corliss Lamont , a former ACLU board member , which upheld fifth amendment protections and brought an end to restrictions on political activity.
The decade from to was the most successful period in the ACLU's history. Legal battles concerning the separation of church and state originated in laws dating to which required religious instruction in school, or provided state funding for religious schools. Board of Education case, in which Justice Hugo Black wrote "[t]he First Amendment has erected a wall between church and state…. That wall must be kept high and impregnable. Board of Education case, which challenged public school religious classes taught by clergy paid for from private funds.
However, not all cases were victories; ACLU lost cases in and which challenged state laws requiring commercial businesses to close on Sunday, the Christian Sabbath. During the s and s, the ACLU continued its battle against censorship of art and literature. Ohio Supreme Court decision which held movies to be mere commerce, undeserving of first amendment protection.
The ACLU lost an important press censorship case when, in , the Supreme Court upheld the obscenity conviction of publisher Samuel Roth for distributing adult magazines.
United States decision that ended segregation in interstate bus and rail transportation. Board of Education , which led to the ban on racial segregation in US public schools. The ACLU's fight against racism was not limited to segregation; in the ACLU provided key support to plaintiffs, primarily lower income urban residents, in Reynolds v. Sims , which required states to establish the voting districts in accordance with the "one person, one vote" principle.
Alabama right to an attorney , and including 's Betts v. Brady right to an attorney , and 's Rochin v. California involuntary stomach pumping. Some of the most well known ACLU successes came in the s, when the ACLU prevailed in a string of cases limiting the power of police to gather evidence; in 's Mapp v.
Ohio , the Supreme court required states to obtain a warrant before searching a person's home. Wainwright decision in provided legal representation to indigents.
Illinois , to permit suspects to have an attorney present during questioning. Arizona federal decision required police to notify suspects of their constitutional rights, which was later extended to juveniles in the following year's in re Gault federal ruling. The s was a tumultuous era in the United States, and public interest in civil liberties underwent an explosive growth. Protests were often peaceful, but sometimes employed militant tactics.
After four African-American college students staged a sit-in in a segregated North Carolina department store, the sit-in movement gained momentum across the United States. He was responsible for desegregating juries Whitus v. Georgia , desegregating prisons Lee v. Washington , and reforming election laws. Floyd , when the Georgia congress refused to formally induct Bond into the legislature.
Despite raising the defense that the Green Berets were committing war crimes in Vietnam, Levy lost on appeal in Parker v. Levy , US In , the ACLU won a major victory for free speech, when it defended Dick Gregory after he was arrested for peacefully protesting against the mayor of Chicago. The court ruled in Gregory v. Chicago that a speaker cannot be arrested for disturbing the peace when the hostility is initiated by someone in the audience, as that would amount to a "heckler's veto".
Miller was the first person prosecuted for burning his draft card. United States of America v. Miller , , but the Supreme Court refused to hear the appeal. Two years later, the Massachusetts affiliate took the card-burning case of David O'Brien to the Supreme Court, arguing that the act of burning was a form of symbolic speech, but the Supreme Court upheld the conviction in United States v.
O'Brien , US This critical case established that the government may not establish "enclaves" such as schools or prisons where all rights are forfeit. In the Street v. New York decision, the court agreed with the ACLU that encouraging the country to abandon one of its national symbols was constitutionally protected form of expression. The Supreme Court, in Cohen v. California , held that the vulgarity of the wording was essential to convey the intensity of the message.
Non-war related free speech rights were also advanced during the Vietnam war era; in , the ACLU defended a Ku Klux Klan member who advocated long-term violence against the government, and the Supreme Court concurred with the ACLU's argument in the landmark decision Brandenburg v.
Ohio , which held that only speech which advocated imminent violence could be outlawed. A major crisis gripped the ACLU in when a debate erupted over whether to defend Benjamin Spock and the Boston Five against federal charges that they encouraged draftees to avoid the draft.
The ACLU board was deeply split over whether to defend the activists; half the board harbored anti-war sentiments, and felt that the ACLU should lend its resources to the cause of the Boston Five. The other half of the board believed that civil liberties were not at stake, and the ACLU would be taking a political stance.
Behind the debate was the longstanding ACLU tradition that it was politically impartial, and provided legal advice without regard to the political views of the defendants. The board finally agreed to a compromise solution that permitted the ACLU to defend the anti-war activists, without endorsing the activist's political views.
The resolution was based in a variety of legal arguments, including civil liberties violations and a claim that the war was illegal. Also in , the ACLU held an internal symposium to discuss its dual roles: The symposium concluded that both roles were valid for the ACLU. United States ruling, which held that the government could not preemptively prohibit the publication of classified information and had to wait until after it was published to take action.
The decade from to saw an expansion of the field of civil liberties. By , ACLU membership had reached , During those years, the ACLU led the way in expanding legal rights in three directions: The ACLU helped develop the field of constitutional law that governs "enclaves", which are groups of persons that live in conditions under government control.
Enclaves include mental hospital patients, members of the military, and prisoners, and students while at school. The term enclave originated with Supreme Court justice Abe Fortas 's use of the phrase "schools may not be enclaves of totalitarianism" in the Tinker v.
Des Moines case, and expanded it with cases such as Goss v. Lopez which required schools to provide students an opportunity to appeal suspensions. As early as , the ACLU had taken a stand to protect the rights of the mentally ill, when it drafted a model statute governing mental commitments. Donaldson decision the ACLU represented a non-violent mental health patient who had been confined against his will for 15 years, and persuaded the Supreme Court to rule such involuntary confinements illegal.
Prior to , prisoners had virtually no recourse to the court system, because courts considered prisoners to have no civil rights. Private attorney Phil Hirschkop discovered degrading conditions in Virginia prisons following the Virginia State Penitentiary strike , and won an important victory in 's Landman v. Royster which prohibited Virginia from treating prisoners in inhumane ways. The ACLU, during the s and s, expanded its scope to include what it referred to as "victim groups", namely women, the poor, and homosexuals.
The Women's Rights Project dominated the legal field, handling more than twice as many cases as the National Organization for Women , including breakthrough cases such as Reed v. Reed , Frontiero v. Richardson , and Taylor v.
In , ACLU cooperating attorneys in Oregon filed the first federal civil rights case involving a claim of unconstitutional discrimination against a gay or lesbian public school teacher. The US District Court held that a state statute that authorized school districts to fire teachers for "immorality" was unconstitutionally vague, and awarded monetary damages to the teacher. The court refused to reinstate the teacher, and the Ninth Circuit Court of Appeals affirmed that refusal by a 2 to 1 vote.
Cascade School District , F. After then-Senator Larry Craig was arrested for soliciting sex in a public restroom, the ACLU wrote an amicus brief for Craig, saying that sex between consenting adults in public places was protected under privacy rights.
Rights of the poor was another area that was expanded by the ACLU. In and again in , activists within the ACLU encouraged the organization to adopt a policy overhauling the welfare system, and guaranteeing low-income families a baseline income; but the ACLU board did not approve the proposals. Smith decision, where the Supreme Court ruled that welfare benefits for children could not be denied by a state simply because the mother cohabited with a boyfriend.
The Reproductive Freedom Project is an institution founded in within the larger context of ACLU that is committed to defend individuals who feel abused by the government, especially with cases pertaining to a lack of access to abortions, birth control, or sexual education.
The ACLU continues to defend individuals who feel abused or improperly treated by the government. The Project promotes sexual and reproductive health by providing lessons about contraception, knowing about one's reproductive rights and assisting with the financial burdens of abortions and all of the logistics that may go into that.
The Reproductive Freedom Project of ACLU, according to their mission statement, actively works provide access to any and all reproductive health care for any human, regardless of race, gender, socioeconomic status, sexual orientation, or political standing.
The ACLU claims to be committed to fighting injustices with access to education on what accessibilities one has to abortions , birth control , religious rights , as well as trying to diminish abstinence-only sexual education , for ACLU claims that abstinence only education promotes a lack of willingness to use contraceptives.
In , the Project filed Poe v. Lynchburg Training School after 8, women had been sterilized without their authorization. In , the state decided to provide counseling and medical treatment for problems caused by what had happened 5 years prior.
Pierce , the Supreme Court case that created federal regulations to prevent Medicaid patients from being sterilized without their knowledge or consent.
In —, the Project litigated Hodgson v. Minnesota , a case defending the rights of teenagers who chose not to comply with a state law requiring them to receive parental permission for an abortion. The world is hungry for men who lead and love as Christ did, men who witness Him in all that they do, whether it is working at a menial job or fighting for our country. However, boys seem to run rampant. Boys, as opposed to men, are not nearly as focused on Christ and imaging His love.
Men, on the other hand, want to get dirty, so to speak, as Christ did. Men have a heart that is set on fire for their brothers and sisters, and it is this heart that leads them to contribute as much as they can — their very lives, if it is asked of them — for the Good, the True, and the Beautiful. What the world needs is more men who strive, every day, to image the love of Christ. Who needs true, Christ-like men?
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