Conservapedia - User contributions [en]

ACLU

2007-07-15T18:18:17Z

MountainTiger: /* Terrorism */

[[Image:Nghfuyr.png|right|thumb|Current logo of the ACLU.]]
The '''ACLU''' is the American Civil Liberties Union, a leftist, secular-progressive organization. It was run for its first 30 years by an American socialist named Roger Baldwin, who helped found it in 1920. This organization is devoted to protecting certain types of civil liberties of Americans and defending them in court.

==ACLU and Free Speech==

The ACLU rarely defends Christian speech, and virtually never defends speech that is critical of homosexuality. The ACLU was silent with respect to the widely publicized censorship of a T-shirt critical of homosexuality that was worn by student Tyler Chase Harper at his public school. "[It's hard to explain the ACLU's apparent equanimity about the violation of Mr. Harper's First Amendment rights -- unless you consider the content of his speech. This case does not appear to be anomalous. Despite its professed commitment to religious liberty, for example, the ACLU tends to absent itself from cases on college campuses involving the associational rights of Christian student groups to discriminate against gay students, in accordance with their religious beliefs."<ref>Wendy Kaminer, "The American Liberal Liberties Union," Wall Street Journal (May 23, 2007).</ref>

In 1978, the ACLU defended the right of the American Nazi Party to march through Skokie, Illinois, a suburb of Chicago that is a community of a large number of Jewish people and Holocaust survivors. <ref>http://openweb.tvnews.vanderbilt.edu/1978-2/1978-02-23-NBC-6.html</ref>
==ACLU Against the Boy Scouts==

The ACLU filed a lawsuit to prohibit the federal government from continuing to allow the [[Boy Scouts]], a charitable organization for teenagers, to use an Army base in Virginia for a quadrennial gathering. In 2005, more than 40,000 Boy Scouts attended this National Boy Scout Jamboree.

Although the Boy Scouts have been conducting this Jamboree for 70 years, this lawsuit was not filed until 1999, after the Boy Scouts enforced its policy against having openly homosexual Scout leaders. The theory of the lawsuit was that because Scouts swear an oath of "duty to God," it violates the Establishment Clause for the government to allow this joint project.

A federal district court ruled for the ACLU, but the Court of Appeals for the Seventh Circuit overturned the lower court ruling that the plaintiffs lacked standing to bring the suit which will allow the government to continue to sponsor this event for the Boy Scouts.<ref>See [[Essay:Boy Scouts Rout ACLU]]</ref>

==ACLU and the Establishment Clause==
ACLU chapters frequently sue to compel removal of the Ten Commandments from public property. For example, in ''McCreary County v. ACLU'', 545 U.S. 844 (2005), the ACLU of Kentucky forced two counties to remove displays of the Ten Commandments from their courthouses. In Utah, the ACLU even announced a scavenger hunt for anyone who could find a display of the Ten Commandments monument that the ACLU could demand be removed. The ACLU typically receives substantial legal fees from the government in each of these cases.

In 1994, the ACLU of New Jersey sued Jersey City, New Jersey to challenge a menorah and a Christmas tree at city hall. A federal district judge declared the display to be unconstitutional, but the appellate court, in a 2-1 opinion written by now-Justice [[Samuel Alito]], found a modified display to be constitutional. ''ACLU of New Jersey v. Schundler'' (1999). Then-Judge Alito wrote, "government may celebrate Christmas in some manner and form, but not in a way that endorses Christian doctrine."

In 2007, the ACLU Foundation of Texas filed an [[amicus brief]] for removal of a longstanding monument to William Mosher outside Harris County Civil Courthouse because the statute contained a depiction of an open Bible. ''Staley v. Harris County'', 2007 U.S. App. LEXIS 9296 (5th Cir. 2007). The court ruled that Harris County must pay attorneys fees to the [[Americans United For Separation of Church & State]], which often appears along with the ACLU in demanding removal of religious symbols from government property and censoring criticism of evolution in public school.

The ACLU demanded that Los Angeles County remove a tiny cross from the Los Angeles County seal, even though the seal contained nearly a dozen symbols including the Greek goddess Pomona standing on the shore of the Pacific Ocean, the Spanish galleon San Salvador, a tuna fish, a cow, stars representing the movie and television industries, the Hollywood Bowl, oil derricks, and a couple of engineering instruments for Los Angeles’ industrial construction and space exploration. The cross was a tiny part of the seal. But Los Angeles County gave into the ACLU's demands and spent $700,000 to remove the cross from the seal.

The ACLU does sometimes side with a Christian student. The ACLU of Michigan defended a Christian student seeking to have a Biblical passage on the student's yearbook page.<ref>ACLU: After ACLU Intervention on Behalf of Christian Valedictorian, Michigan High School Agrees to Stop Censoring Religious Yearbook Entries (5/11/2004)
[http://www.aclu.org/studentsrights/expression/12845prs20040511.html]</ref>

== ACLU and Pornography ==

In [[Ashcroft v. ACLU]] (2004), the ACLU challenged and invalidated the [[Child Online Protection Act]], which would have required pornographers to take reasonable steps to restrict access by minors to porn on the Internet. The Act, which the Supreme Court struck down at the request of the ACLU, did not censor a single word or picture. It merely required the pornographers to screen their websites from minors, which can be done by credit card or other verification.

The ACLU often argues in favor of pornography before courts and administrative boards. Charles Rust-Tierney was an executive for the ACLU of Virginia who argued against the use of Internet filters on the computers at the Loudoun County Library Board:<ref>http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=55983</ref>

:"The ACLU of Virginia urges the board to carefully consider a new Internet Use Policy that allows for maximum Internet access ...."

Rust-Tierney, who served as the Virginia ACLU president until 2005, was serving on its board of directors when he was arrested in February 2007 for possession of child pornography that a U.S. magistrate described as "the most perverted and nauseating and sickening type of child pornography" she ever had seen. The former Virginia ACLU president later entered a guilty plea and was sentenced to eight years in jail.<ref>''Ibid.''</ref>

==ACLU, Evolution, and the Establishment Clause==
In 2004, the ACLU filed [[Selman v. Cobb County School District]].<ref>ACLU: Parents Challenge Evolution Disclaimer In Georgia Textbooks [http://www.aclu.org/religion/schools/16381prs20041112.html]</ref> If the plaintiffs, five parents in the Georgia district, won the case, the school district would have to pay their lawyers. The ACLU argued <ref>ACLU Pretrial Brief in Selman et al v. Cobb County, 11/12/2004 [http://www.aclu.org/FilesPDFs/ACFB940.pdf]</ref> that the district had violated the [[Establishment clause]] of the [[U.S. Constitution]] by putting stickers in biology textbooks that said, "This textbook contains material on [[evolution]]. Evolution is a [[theory]], not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered."<ref>Judge's Decision, Selman v. Cobb County School District[http://news.findlaw.com/cnn/docs/religion/selmancobb11305ord.pdf]</ref> The trial judge ruled in favor of the ACLU <ref>Judge's Decision, Selman v. Cobb County School District[http://news.findlaw.com/cnn/docs/religion/selmancobb11305ord.pdf]</ref>, but his ruling was vacated on appeal.<ref>Appeal Decision, Selman v. Cobb County School District[http://www.ca11.uscourts.gov/opinions/ops/200510341.pdf]</ref> The case was eventually settled. The school district agreed to remove the stickers, to avoid altering science textbooks or making "any disclaimers regarding evolution", and to teach the state Board of Education's core curriculum, which includes evolution, although that wasn't under dispute in the original suit. In addition, they paid $166,669.12 to Atlanta law firm Bondurant, Mixon & Elmore.<ref>"Agreement Ends Textbook Sticker Case", press release from Cobb County School District including settlement agreement [http://www.cobb.k12.ga.us/news/2006/20061219_StickerAgreement.pdf]</ref> <ref>ACLU: Georgia School Board Drops Defense of Anti-Evolution Stickers[http://www.aclu.org/religion/intelligentdesign/27745prs20061219.html]</ref>

Another example of ACLU litigation was ''[[Kitzmiller v. Dover Area School District]].''<ref>Kitzmiller v. Dover Area School District:
Decision of the Court, 400 F.Supp.2d 707 (M.D. Pa. 2005) [http://www.talkorigins.org/faqs/dover/kitzmiller_v_dover_decision.html]</ref>, also known as the [[Intelligent design]] case. The ACLU prevailed in prohibiting administrators from reading a short statement that mentions [[Intelligent Design]] to students, and forbade the school board from issuing a warning that Darwin's theory has gaps.<ref>''Kitzmiller v. Dover Area School District,'' 400 F.Supp.2d 707.</ref> In his opinion, Judge [[John E. Jones III]] heavily relied on the later-vacated ruling in ''[[Selman v. Cobb County School District]]'', and on ACLU briefs.<ref>90% of the section on intelligent design was from the ACLU's briefs. A Comparison of Judge Jones’ Opinion in Kitzmiller v. Dover with Plaintiffs’ Proposed “Findings of Fact and Conclusions of Law”, by David DeWolf & John West, Discovery Institute, December 12, 2006
[http://www.discovery.org/scripts/viewDB/index.php?command=view&id=3829&program=CSC%20-%20Views%20and%20News]</ref> He also cited the [[Establishment test]], the [[Lemon test]], and the [[reasonable student standard]].<ref>''Kitzmiller,'' 400 F. Supp. 2d at 725 (coming to the conclusion reached in ''Selman'' by the Court's own reasoning), ''compare'' Selman v. Cobb County Sch. Dist, 2006 U.S. App. LEXIS 13005 (11th Cir. May 25, 2006) at *pincite needed*.</ref> The judge also ordered fees paid to the ACLU and its lawyers, totaling $2,067,000.<ref>''See'' 42 U.S.C. s 1988 (describing relief afforded victorious plaintiff of a 1983 action as including attorney fees).</ref>

==Same-sex Marriage==
The ACLU of New Jersey filed an amicus curiae brief in favor of same-sex marriage in ''Lewis v. Harris'', 188 N.J. 415 (1006). The New Jersey Supreme Court ruled in favor of civil unions, but by a 4-3 margin did not require same-sex marriage.

The ACLU sues schools when a student alleges encountering "anti-gay peer harassment and bullying based on his perceived sexual orientation." <ref>http://www.aclu.org/lgbt/youth/28618prs20070221.html</ref> The ACLU holds the school (and hence the taxpayers) liable for actions based on conduct by some students towards others.

The ACLU of Minnesota sued to force the Osseo Area School District to grant equal access to the schools public address (PA) system, yearbook, fundraising and field trips by a pro-homosexual school club named the Straights and Gays for Equality (“SAGE”).<ref>''Straights & Gays for Equality v. Osseo Area Schs.'', 471 F.3d 908 (8th Cir. 2006).</ref> The school district already had a club entitled "Gays, Lesbians, Bisexuals, Trans-gender, Questioning and Allies," and already had a SAGE club, but SAGE was designated as non-curricular and wanted the additional rights of communication.

The ACLU invoked the Equal Access Act to argue that as long as the school district granted these rights to other clubs, such as cheerleading and synchronized swimming, it must grant these rights to SAGE also. No, the school district argued in defending its action, cheerleading is related to physical education while SAGE is not, and thus SAGE should not have the same rights. However, there were other non phys-ed sports that got funding.

The district court ruled in favor of the ACLU, and the Court of Appeals for the Eighth Circuit unanimously affirmed. The Court ordered the school district to give SAGE the same rights as the cheerleading club. The ACLU will be able to demand substantial attorneys' fees at taxpayer expense.

Similarly, the ACLU of Florida sued the Okeechobee School Board to force it to allow a Gay-Straight Alliance club at Okeechobee High School. Though the school objected to this club as a "sex-based" club, the ACLU persuaded a federal judge to rule in its favor, and it will likely recover substantial attorneys fees at taxpayer expense. See ''Gay-Straight Alliance of Okeechobee High Sch. v. School Board of Okeechobee County'', 2007 U.S. Dist. LEXIS 25729 (S.D. Fla. Apr. 6, 2007).

==Abortion==
The ACLU is generally against laws that restrict access to abortion, such as parental notification when a minor seeks an abortion and informed consent for the woman herself. ACLU attorneys have argued several cases in support of abortion.

==Polygamy==
The ACLU has defended [[polygamy|polygamists]].<ref>During a question-and-answer session after a speech at Yale University, ACLU president Nadine Strossen stated that her organization has "defended the right of individuals to engage in polygamy," [http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=44977 World Net Daily] June 25, 2005</ref><ref>
The ACLU views freedom of religion and the establishment clause as inseparable: In order for people to have religious freedom, their government must neither endorse nor prohibit any religious position.[http://www.aclu.org/religion/frb/16163prs19990716.html ACLU press release July 16 1999].</ref>

==Prisoner and student rights==

In the 2007 case ''Spratt v. Rhode Island Department of Corrections'', the ACLU bought case against the Rhode Island Adult Correctional Institute following the prison's decision to bar Christian prisoner and lay minister Wesley Spratt from preaching to other inmates during weekly services. The ACLU won the case on appeal, securing the right for Spratt to hold religious services for other inmates so long as these do not conflict with prison security.<ref>ACLU: Appeals Court Overturns Ban on Christian Preacher in Rhode Island Prison (4/9/2007)[http://www.aclu.org/religion/frb/29578prs20070409.html]</ref>

In 2004, student Abbey Moler selected a bible verse to accompany her picture in a school yearbook. The school subsequently removed this text before publication. The ACLU filed suit against the Utica Community School District, on the grounds that this censorship violated Moler's first-amendment rights to free expression and freedom of religion. The case was settled out of court, with the school district agreeing to replace the verse in following prints of the yearbook and correct it by means of a sticker in copies still in its possession.<ref>ACLU: After ACLU Intervention on Behalf of Christian Valedictorian, Michigan High School Agrees to Stop Censoring Religious Yearbook Entries (5/11/2004)
[http://www.aclu.org/studentsrights/expression/12845prs20040511.html]</ref>

==ACLU and Medical Records==

The ACLU filed a friend-of-the-court brief in favor of the privacy of Rush Limbaugh in his medical records when he was under investigation for 'doctor shopping.' The ACLU argued that the privacy rights of a patient were being violated.<ref>http://www.foxnews.com/story/0,2933,108140,00.html</ref>

== Terrorism ==

The ACLU has challenged the authority of the President to authorize wireless wiretaps of overseas communications without court approval and oversight. In ''[[ACLU v. NSA]]'', the Court of Appeals for the [[Sixth Circuit]] rejected the ACLU's challenge.

==Views of the ACLU Founder==

Robert Baldwin, a co-founder of the ACLU and its first leader, was born and raised in Massachusetts. He said that his "social work began in my mind in the Unitarian Church when I was ten or twelve years old, and I started to do things that I thought would help other people.”

In the 1920 and 1930s he was sympathetic to the social goals and aspirations of the emerging communist nations. In 1934, Balwin published his goals in Soviet Russia Today:<ref>The Volokh Conspiracy (blog entry), Eugene Volokh, September 7, 2005 [http://volokh.com/posts/1126138099.shtml]</ref>

:I believe in non-violent methods of struggle as most effective in the long run for building up successful working class power. Where they cannot be followed or where they are not even permitted by the ruling class, obviously only violent tactics remain. I champion civil liberty as the best of the non-violent means of building the power on which workers rule must be based. If I aid the reactionaries to get free speech now and then, if I go outside the class struggle to fight against censorship, it is only because those liberties help to create a more hospitable atmosphere for working class liberties. The class struggle is the central conflict of the world; all others are incidental.

:Proletarian Liberty in Practice

:When that power of the working class is once achieved, as it has been only in the Soviet Union, I am for maintaining it by any means whatever. Dictatorship is the obvious means in a world of enemies at home and abroad. I dislike it in principle as dangerous to its own objects. But the Soviet Union has already created liberties far greater than exist elsewhere in the world. They are liberties that most closely affect the lives of the people — power in the trade unions, in peasant organizations, in the cultural life of nationalities, freedom of women in public and private life, and a tremendous development of education for adults and children. . . .

In 1940 he successfully fought to revise the ACLU charter to prohibit those affiliated with totalitarian organizations from serving on the ACLU board. The immediate target was the former-Wobbly and present Communist Party member, Elizabeth Gurley Flynn.

In 1947 General Douglas MacArthur arranged for Baldwin to serve as a civil liberties consultant in Japan.

==References==
<references/>

==External Links==
*[http://www.law.ucla.edu/volokh/blog/baldwin.pdf Baldwin speaks in defense of communism from 1934]
*Pro-ACLU sites:
**http://www.aclu.org
*Anti-ACLU sites:
**http://www.stoptheaclu.com/
**http://www.aclj.org

[[category:politics]]
[[category:liberal activists]]

ACLU

2007-07-15T18:17:39Z

MountainTiger: /* Terrorism */

[[Image:Nghfuyr.png|right|thumb|Current logo of the ACLU.]]
The '''ACLU''' is the American Civil Liberties Union, a leftist, secular-progressive organization. It was run for its first 30 years by an American socialist named Roger Baldwin, who helped found it in 1920. This organization is devoted to protecting certain types of civil liberties of Americans and defending them in court.

==ACLU and Free Speech==

The ACLU rarely defends Christian speech, and virtually never defends speech that is critical of homosexuality. The ACLU was silent with respect to the widely publicized censorship of a T-shirt critical of homosexuality that was worn by student Tyler Chase Harper at his public school. "[It's hard to explain the ACLU's apparent equanimity about the violation of Mr. Harper's First Amendment rights -- unless you consider the content of his speech. This case does not appear to be anomalous. Despite its professed commitment to religious liberty, for example, the ACLU tends to absent itself from cases on college campuses involving the associational rights of Christian student groups to discriminate against gay students, in accordance with their religious beliefs."<ref>Wendy Kaminer, "The American Liberal Liberties Union," Wall Street Journal (May 23, 2007).</ref>

In 1978, the ACLU defended the right of the American Nazi Party to march through Skokie, Illinois, a suburb of Chicago that is a community of a large number of Jewish people and Holocaust survivors. <ref>http://openweb.tvnews.vanderbilt.edu/1978-2/1978-02-23-NBC-6.html</ref>
==ACLU Against the Boy Scouts==

The ACLU filed a lawsuit to prohibit the federal government from continuing to allow the [[Boy Scouts]], a charitable organization for teenagers, to use an Army base in Virginia for a quadrennial gathering. In 2005, more than 40,000 Boy Scouts attended this National Boy Scout Jamboree.

Although the Boy Scouts have been conducting this Jamboree for 70 years, this lawsuit was not filed until 1999, after the Boy Scouts enforced its policy against having openly homosexual Scout leaders. The theory of the lawsuit was that because Scouts swear an oath of "duty to God," it violates the Establishment Clause for the government to allow this joint project.

A federal district court ruled for the ACLU, but the Court of Appeals for the Seventh Circuit overturned the lower court ruling that the plaintiffs lacked standing to bring the suit which will allow the government to continue to sponsor this event for the Boy Scouts.<ref>See [[Essay:Boy Scouts Rout ACLU]]</ref>

==ACLU and the Establishment Clause==
ACLU chapters frequently sue to compel removal of the Ten Commandments from public property. For example, in ''McCreary County v. ACLU'', 545 U.S. 844 (2005), the ACLU of Kentucky forced two counties to remove displays of the Ten Commandments from their courthouses. In Utah, the ACLU even announced a scavenger hunt for anyone who could find a display of the Ten Commandments monument that the ACLU could demand be removed. The ACLU typically receives substantial legal fees from the government in each of these cases.

In 1994, the ACLU of New Jersey sued Jersey City, New Jersey to challenge a menorah and a Christmas tree at city hall. A federal district judge declared the display to be unconstitutional, but the appellate court, in a 2-1 opinion written by now-Justice [[Samuel Alito]], found a modified display to be constitutional. ''ACLU of New Jersey v. Schundler'' (1999). Then-Judge Alito wrote, "government may celebrate Christmas in some manner and form, but not in a way that endorses Christian doctrine."

In 2007, the ACLU Foundation of Texas filed an [[amicus brief]] for removal of a longstanding monument to William Mosher outside Harris County Civil Courthouse because the statute contained a depiction of an open Bible. ''Staley v. Harris County'', 2007 U.S. App. LEXIS 9296 (5th Cir. 2007). The court ruled that Harris County must pay attorneys fees to the [[Americans United For Separation of Church & State]], which often appears along with the ACLU in demanding removal of religious symbols from government property and censoring criticism of evolution in public school.

The ACLU demanded that Los Angeles County remove a tiny cross from the Los Angeles County seal, even though the seal contained nearly a dozen symbols including the Greek goddess Pomona standing on the shore of the Pacific Ocean, the Spanish galleon San Salvador, a tuna fish, a cow, stars representing the movie and television industries, the Hollywood Bowl, oil derricks, and a couple of engineering instruments for Los Angeles’ industrial construction and space exploration. The cross was a tiny part of the seal. But Los Angeles County gave into the ACLU's demands and spent $700,000 to remove the cross from the seal.

The ACLU does sometimes side with a Christian student. The ACLU of Michigan defended a Christian student seeking to have a Biblical passage on the student's yearbook page.<ref>ACLU: After ACLU Intervention on Behalf of Christian Valedictorian, Michigan High School Agrees to Stop Censoring Religious Yearbook Entries (5/11/2004)
[http://www.aclu.org/studentsrights/expression/12845prs20040511.html]</ref>

== ACLU and Pornography ==

In [[Ashcroft v. ACLU]] (2004), the ACLU challenged and invalidated the [[Child Online Protection Act]], which would have required pornographers to take reasonable steps to restrict access by minors to porn on the Internet. The Act, which the Supreme Court struck down at the request of the ACLU, did not censor a single word or picture. It merely required the pornographers to screen their websites from minors, which can be done by credit card or other verification.

The ACLU often argues in favor of pornography before courts and administrative boards. Charles Rust-Tierney was an executive for the ACLU of Virginia who argued against the use of Internet filters on the computers at the Loudoun County Library Board:<ref>http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=55983</ref>

:"The ACLU of Virginia urges the board to carefully consider a new Internet Use Policy that allows for maximum Internet access ...."

Rust-Tierney, who served as the Virginia ACLU president until 2005, was serving on its board of directors when he was arrested in February 2007 for possession of child pornography that a U.S. magistrate described as "the most perverted and nauseating and sickening type of child pornography" she ever had seen. The former Virginia ACLU president later entered a guilty plea and was sentenced to eight years in jail.<ref>''Ibid.''</ref>

==ACLU, Evolution, and the Establishment Clause==
In 2004, the ACLU filed [[Selman v. Cobb County School District]].<ref>ACLU: Parents Challenge Evolution Disclaimer In Georgia Textbooks [http://www.aclu.org/religion/schools/16381prs20041112.html]</ref> If the plaintiffs, five parents in the Georgia district, won the case, the school district would have to pay their lawyers. The ACLU argued <ref>ACLU Pretrial Brief in Selman et al v. Cobb County, 11/12/2004 [http://www.aclu.org/FilesPDFs/ACFB940.pdf]</ref> that the district had violated the [[Establishment clause]] of the [[U.S. Constitution]] by putting stickers in biology textbooks that said, "This textbook contains material on [[evolution]]. Evolution is a [[theory]], not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered."<ref>Judge's Decision, Selman v. Cobb County School District[http://news.findlaw.com/cnn/docs/religion/selmancobb11305ord.pdf]</ref> The trial judge ruled in favor of the ACLU <ref>Judge's Decision, Selman v. Cobb County School District[http://news.findlaw.com/cnn/docs/religion/selmancobb11305ord.pdf]</ref>, but his ruling was vacated on appeal.<ref>Appeal Decision, Selman v. Cobb County School District[http://www.ca11.uscourts.gov/opinions/ops/200510341.pdf]</ref> The case was eventually settled. The school district agreed to remove the stickers, to avoid altering science textbooks or making "any disclaimers regarding evolution", and to teach the state Board of Education's core curriculum, which includes evolution, although that wasn't under dispute in the original suit. In addition, they paid $166,669.12 to Atlanta law firm Bondurant, Mixon & Elmore.<ref>"Agreement Ends Textbook Sticker Case", press release from Cobb County School District including settlement agreement [http://www.cobb.k12.ga.us/news/2006/20061219_StickerAgreement.pdf]</ref> <ref>ACLU: Georgia School Board Drops Defense of Anti-Evolution Stickers[http://www.aclu.org/religion/intelligentdesign/27745prs20061219.html]</ref>

Another example of ACLU litigation was ''[[Kitzmiller v. Dover Area School District]].''<ref>Kitzmiller v. Dover Area School District:
Decision of the Court, 400 F.Supp.2d 707 (M.D. Pa. 2005) [http://www.talkorigins.org/faqs/dover/kitzmiller_v_dover_decision.html]</ref>, also known as the [[Intelligent design]] case. The ACLU prevailed in prohibiting administrators from reading a short statement that mentions [[Intelligent Design]] to students, and forbade the school board from issuing a warning that Darwin's theory has gaps.<ref>''Kitzmiller v. Dover Area School District,'' 400 F.Supp.2d 707.</ref> In his opinion, Judge [[John E. Jones III]] heavily relied on the later-vacated ruling in ''[[Selman v. Cobb County School District]]'', and on ACLU briefs.<ref>90% of the section on intelligent design was from the ACLU's briefs. A Comparison of Judge Jones’ Opinion in Kitzmiller v. Dover with Plaintiffs’ Proposed “Findings of Fact and Conclusions of Law”, by David DeWolf & John West, Discovery Institute, December 12, 2006
[http://www.discovery.org/scripts/viewDB/index.php?command=view&id=3829&program=CSC%20-%20Views%20and%20News]</ref> He also cited the [[Establishment test]], the [[Lemon test]], and the [[reasonable student standard]].<ref>''Kitzmiller,'' 400 F. Supp. 2d at 725 (coming to the conclusion reached in ''Selman'' by the Court's own reasoning), ''compare'' Selman v. Cobb County Sch. Dist, 2006 U.S. App. LEXIS 13005 (11th Cir. May 25, 2006) at *pincite needed*.</ref> The judge also ordered fees paid to the ACLU and its lawyers, totaling $2,067,000.<ref>''See'' 42 U.S.C. s 1988 (describing relief afforded victorious plaintiff of a 1983 action as including attorney fees).</ref>

==Same-sex Marriage==
The ACLU of New Jersey filed an amicus curiae brief in favor of same-sex marriage in ''Lewis v. Harris'', 188 N.J. 415 (1006). The New Jersey Supreme Court ruled in favor of civil unions, but by a 4-3 margin did not require same-sex marriage.

The ACLU sues schools when a student alleges encountering "anti-gay peer harassment and bullying based on his perceived sexual orientation." <ref>http://www.aclu.org/lgbt/youth/28618prs20070221.html</ref> The ACLU holds the school (and hence the taxpayers) liable for actions based on conduct by some students towards others.

The ACLU of Minnesota sued to force the Osseo Area School District to grant equal access to the schools public address (PA) system, yearbook, fundraising and field trips by a pro-homosexual school club named the Straights and Gays for Equality (“SAGE”).<ref>''Straights & Gays for Equality v. Osseo Area Schs.'', 471 F.3d 908 (8th Cir. 2006).</ref> The school district already had a club entitled "Gays, Lesbians, Bisexuals, Trans-gender, Questioning and Allies," and already had a SAGE club, but SAGE was designated as non-curricular and wanted the additional rights of communication.

The ACLU invoked the Equal Access Act to argue that as long as the school district granted these rights to other clubs, such as cheerleading and synchronized swimming, it must grant these rights to SAGE also. No, the school district argued in defending its action, cheerleading is related to physical education while SAGE is not, and thus SAGE should not have the same rights. However, there were other non phys-ed sports that got funding.

The district court ruled in favor of the ACLU, and the Court of Appeals for the Eighth Circuit unanimously affirmed. The Court ordered the school district to give SAGE the same rights as the cheerleading club. The ACLU will be able to demand substantial attorneys' fees at taxpayer expense.

Similarly, the ACLU of Florida sued the Okeechobee School Board to force it to allow a Gay-Straight Alliance club at Okeechobee High School. Though the school objected to this club as a "sex-based" club, the ACLU persuaded a federal judge to rule in its favor, and it will likely recover substantial attorneys fees at taxpayer expense. See ''Gay-Straight Alliance of Okeechobee High Sch. v. School Board of Okeechobee County'', 2007 U.S. Dist. LEXIS 25729 (S.D. Fla. Apr. 6, 2007).

==Abortion==
The ACLU is generally against laws that restrict access to abortion, such as parental notification when a minor seeks an abortion and informed consent for the woman herself. ACLU attorneys have argued several cases in support of abortion.

==Polygamy==
The ACLU has defended [[polygamy|polygamists]].<ref>During a question-and-answer session after a speech at Yale University, ACLU president Nadine Strossen stated that her organization has "defended the right of individuals to engage in polygamy," [http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=44977 World Net Daily] June 25, 2005</ref><ref>
The ACLU views freedom of religion and the establishment clause as inseparable: In order for people to have religious freedom, their government must neither endorse nor prohibit any religious position.[http://www.aclu.org/religion/frb/16163prs19990716.html ACLU press release July 16 1999].</ref>

==Prisoner and student rights==

In the 2007 case ''Spratt v. Rhode Island Department of Corrections'', the ACLU bought case against the Rhode Island Adult Correctional Institute following the prison's decision to bar Christian prisoner and lay minister Wesley Spratt from preaching to other inmates during weekly services. The ACLU won the case on appeal, securing the right for Spratt to hold religious services for other inmates so long as these do not conflict with prison security.<ref>ACLU: Appeals Court Overturns Ban on Christian Preacher in Rhode Island Prison (4/9/2007)[http://www.aclu.org/religion/frb/29578prs20070409.html]</ref>

In 2004, student Abbey Moler selected a bible verse to accompany her picture in a school yearbook. The school subsequently removed this text before publication. The ACLU filed suit against the Utica Community School District, on the grounds that this censorship violated Moler's first-amendment rights to free expression and freedom of religion. The case was settled out of court, with the school district agreeing to replace the verse in following prints of the yearbook and correct it by means of a sticker in copies still in its possession.<ref>ACLU: After ACLU Intervention on Behalf of Christian Valedictorian, Michigan High School Agrees to Stop Censoring Religious Yearbook Entries (5/11/2004)
[http://www.aclu.org/studentsrights/expression/12845prs20040511.html]</ref>

==ACLU and Medical Records==

The ACLU filed a friend-of-the-court brief in favor of the privacy of Rush Limbaugh in his medical records when he was under investigation for 'doctor shopping.' The ACLU argued that the privacy rights of a patient were being violated.<ref>http://www.foxnews.com/story/0,2933,108140,00.html</ref>

== Terrorism ==

The ACLU has challenged the authority of the President to authorize wireless wiretaps of overseas communications, particularly without court approval and oversight. In ''[[ACLU v. NSA]]'', the Court of Appeals for the [[Sixth Circuit]] rejected the ACLU's challenge.

==Views of the ACLU Founder==

Robert Baldwin, a co-founder of the ACLU and its first leader, was born and raised in Massachusetts. He said that his "social work began in my mind in the Unitarian Church when I was ten or twelve years old, and I started to do things that I thought would help other people.”

In the 1920 and 1930s he was sympathetic to the social goals and aspirations of the emerging communist nations. In 1934, Balwin published his goals in Soviet Russia Today:<ref>The Volokh Conspiracy (blog entry), Eugene Volokh, September 7, 2005 [http://volokh.com/posts/1126138099.shtml]</ref>

:I believe in non-violent methods of struggle as most effective in the long run for building up successful working class power. Where they cannot be followed or where they are not even permitted by the ruling class, obviously only violent tactics remain. I champion civil liberty as the best of the non-violent means of building the power on which workers rule must be based. If I aid the reactionaries to get free speech now and then, if I go outside the class struggle to fight against censorship, it is only because those liberties help to create a more hospitable atmosphere for working class liberties. The class struggle is the central conflict of the world; all others are incidental.

:Proletarian Liberty in Practice

:When that power of the working class is once achieved, as it has been only in the Soviet Union, I am for maintaining it by any means whatever. Dictatorship is the obvious means in a world of enemies at home and abroad. I dislike it in principle as dangerous to its own objects. But the Soviet Union has already created liberties far greater than exist elsewhere in the world. They are liberties that most closely affect the lives of the people — power in the trade unions, in peasant organizations, in the cultural life of nationalities, freedom of women in public and private life, and a tremendous development of education for adults and children. . . .

In 1940 he successfully fought to revise the ACLU charter to prohibit those affiliated with totalitarian organizations from serving on the ACLU board. The immediate target was the former-Wobbly and present Communist Party member, Elizabeth Gurley Flynn.

In 1947 General Douglas MacArthur arranged for Baldwin to serve as a civil liberties consultant in Japan.

==References==
<references/>

==External Links==
*[http://www.law.ucla.edu/volokh/blog/baldwin.pdf Baldwin speaks in defense of communism from 1934]
*Pro-ACLU sites:
**http://www.aclu.org
*Anti-ACLU sites:
**http://www.stoptheaclu.com/
**http://www.aclj.org

[[category:politics]]
[[category:liberal activists]]

ACLU

2007-07-15T18:15:19Z

MountainTiger: /* ACLU and the Establishment Clause */

[[Image:Nghfuyr.png|right|thumb|Current logo of the ACLU.]]
The '''ACLU''' is the American Civil Liberties Union, a leftist, secular-progressive organization. It was run for its first 30 years by an American socialist named Roger Baldwin, who helped found it in 1920. This organization is devoted to protecting certain types of civil liberties of Americans and defending them in court.

==ACLU and Free Speech==

The ACLU rarely defends Christian speech, and virtually never defends speech that is critical of homosexuality. The ACLU was silent with respect to the widely publicized censorship of a T-shirt critical of homosexuality that was worn by student Tyler Chase Harper at his public school. "[It's hard to explain the ACLU's apparent equanimity about the violation of Mr. Harper's First Amendment rights -- unless you consider the content of his speech. This case does not appear to be anomalous. Despite its professed commitment to religious liberty, for example, the ACLU tends to absent itself from cases on college campuses involving the associational rights of Christian student groups to discriminate against gay students, in accordance with their religious beliefs."<ref>Wendy Kaminer, "The American Liberal Liberties Union," Wall Street Journal (May 23, 2007).</ref>

In 1978, the ACLU defended the right of the American Nazi Party to march through Skokie, Illinois, a suburb of Chicago that is a community of a large number of Jewish people and Holocaust survivors. <ref>http://openweb.tvnews.vanderbilt.edu/1978-2/1978-02-23-NBC-6.html</ref>
==ACLU Against the Boy Scouts==

The ACLU filed a lawsuit to prohibit the federal government from continuing to allow the [[Boy Scouts]], a charitable organization for teenagers, to use an Army base in Virginia for a quadrennial gathering. In 2005, more than 40,000 Boy Scouts attended this National Boy Scout Jamboree.

Although the Boy Scouts have been conducting this Jamboree for 70 years, this lawsuit was not filed until 1999, after the Boy Scouts enforced its policy against having openly homosexual Scout leaders. The theory of the lawsuit was that because Scouts swear an oath of "duty to God," it violates the Establishment Clause for the government to allow this joint project.

A federal district court ruled for the ACLU, but the Court of Appeals for the Seventh Circuit overturned the lower court ruling that the plaintiffs lacked standing to bring the suit which will allow the government to continue to sponsor this event for the Boy Scouts.<ref>See [[Essay:Boy Scouts Rout ACLU]]</ref>

==ACLU and the Establishment Clause==
ACLU chapters frequently sue to compel removal of the Ten Commandments from public property. For example, in ''McCreary County v. ACLU'', 545 U.S. 844 (2005), the ACLU of Kentucky forced two counties to remove displays of the Ten Commandments from their courthouses. In Utah, the ACLU even announced a scavenger hunt for anyone who could find a display of the Ten Commandments monument that the ACLU could demand be removed. The ACLU typically receives substantial legal fees from the government in each of these cases.

In 1994, the ACLU of New Jersey sued Jersey City, New Jersey to challenge a menorah and a Christmas tree at city hall. A federal district judge declared the display to be unconstitutional, but the appellate court, in a 2-1 opinion written by now-Justice [[Samuel Alito]], found a modified display to be constitutional. ''ACLU of New Jersey v. Schundler'' (1999). Then-Judge Alito wrote, "government may celebrate Christmas in some manner and form, but not in a way that endorses Christian doctrine."

In 2007, the ACLU Foundation of Texas filed an [[amicus brief]] for removal of a longstanding monument to William Mosher outside Harris County Civil Courthouse because the statute contained a depiction of an open Bible. ''Staley v. Harris County'', 2007 U.S. App. LEXIS 9296 (5th Cir. 2007). The court ruled that Harris County must pay attorneys fees to the [[Americans United For Separation of Church & State]], which often appears along with the ACLU in demanding removal of religious symbols from government property and censoring criticism of evolution in public school.

The ACLU demanded that Los Angeles County remove a tiny cross from the Los Angeles County seal, even though the seal contained nearly a dozen symbols including the Greek goddess Pomona standing on the shore of the Pacific Ocean, the Spanish galleon San Salvador, a tuna fish, a cow, stars representing the movie and television industries, the Hollywood Bowl, oil derricks, and a couple of engineering instruments for Los Angeles’ industrial construction and space exploration. The cross was a tiny part of the seal. But Los Angeles County gave into the ACLU's demands and spent $700,000 to remove the cross from the seal.

The ACLU does sometimes side with a Christian student. The ACLU of Michigan defended a Christian student seeking to have a Biblical passage on the student's yearbook page.<ref>ACLU: After ACLU Intervention on Behalf of Christian Valedictorian, Michigan High School Agrees to Stop Censoring Religious Yearbook Entries (5/11/2004)
[http://www.aclu.org/studentsrights/expression/12845prs20040511.html]</ref>

== ACLU and Pornography ==

In [[Ashcroft v. ACLU]] (2004), the ACLU challenged and invalidated the [[Child Online Protection Act]], which would have required pornographers to take reasonable steps to restrict access by minors to porn on the Internet. The Act, which the Supreme Court struck down at the request of the ACLU, did not censor a single word or picture. It merely required the pornographers to screen their websites from minors, which can be done by credit card or other verification.

The ACLU often argues in favor of pornography before courts and administrative boards. Charles Rust-Tierney was an executive for the ACLU of Virginia who argued against the use of Internet filters on the computers at the Loudoun County Library Board:<ref>http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=55983</ref>

:"The ACLU of Virginia urges the board to carefully consider a new Internet Use Policy that allows for maximum Internet access ...."

Rust-Tierney, who served as the Virginia ACLU president until 2005, was serving on its board of directors when he was arrested in February 2007 for possession of child pornography that a U.S. magistrate described as "the most perverted and nauseating and sickening type of child pornography" she ever had seen. The former Virginia ACLU president later entered a guilty plea and was sentenced to eight years in jail.<ref>''Ibid.''</ref>

==ACLU, Evolution, and the Establishment Clause==
In 2004, the ACLU filed [[Selman v. Cobb County School District]].<ref>ACLU: Parents Challenge Evolution Disclaimer In Georgia Textbooks [http://www.aclu.org/religion/schools/16381prs20041112.html]</ref> If the plaintiffs, five parents in the Georgia district, won the case, the school district would have to pay their lawyers. The ACLU argued <ref>ACLU Pretrial Brief in Selman et al v. Cobb County, 11/12/2004 [http://www.aclu.org/FilesPDFs/ACFB940.pdf]</ref> that the district had violated the [[Establishment clause]] of the [[U.S. Constitution]] by putting stickers in biology textbooks that said, "This textbook contains material on [[evolution]]. Evolution is a [[theory]], not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered."<ref>Judge's Decision, Selman v. Cobb County School District[http://news.findlaw.com/cnn/docs/religion/selmancobb11305ord.pdf]</ref> The trial judge ruled in favor of the ACLU <ref>Judge's Decision, Selman v. Cobb County School District[http://news.findlaw.com/cnn/docs/religion/selmancobb11305ord.pdf]</ref>, but his ruling was vacated on appeal.<ref>Appeal Decision, Selman v. Cobb County School District[http://www.ca11.uscourts.gov/opinions/ops/200510341.pdf]</ref> The case was eventually settled. The school district agreed to remove the stickers, to avoid altering science textbooks or making "any disclaimers regarding evolution", and to teach the state Board of Education's core curriculum, which includes evolution, although that wasn't under dispute in the original suit. In addition, they paid $166,669.12 to Atlanta law firm Bondurant, Mixon & Elmore.<ref>"Agreement Ends Textbook Sticker Case", press release from Cobb County School District including settlement agreement [http://www.cobb.k12.ga.us/news/2006/20061219_StickerAgreement.pdf]</ref> <ref>ACLU: Georgia School Board Drops Defense of Anti-Evolution Stickers[http://www.aclu.org/religion/intelligentdesign/27745prs20061219.html]</ref>

Another example of ACLU litigation was ''[[Kitzmiller v. Dover Area School District]].''<ref>Kitzmiller v. Dover Area School District:
Decision of the Court, 400 F.Supp.2d 707 (M.D. Pa. 2005) [http://www.talkorigins.org/faqs/dover/kitzmiller_v_dover_decision.html]</ref>, also known as the [[Intelligent design]] case. The ACLU prevailed in prohibiting administrators from reading a short statement that mentions [[Intelligent Design]] to students, and forbade the school board from issuing a warning that Darwin's theory has gaps.<ref>''Kitzmiller v. Dover Area School District,'' 400 F.Supp.2d 707.</ref> In his opinion, Judge [[John E. Jones III]] heavily relied on the later-vacated ruling in ''[[Selman v. Cobb County School District]]'', and on ACLU briefs.<ref>90% of the section on intelligent design was from the ACLU's briefs. A Comparison of Judge Jones’ Opinion in Kitzmiller v. Dover with Plaintiffs’ Proposed “Findings of Fact and Conclusions of Law”, by David DeWolf & John West, Discovery Institute, December 12, 2006
[http://www.discovery.org/scripts/viewDB/index.php?command=view&id=3829&program=CSC%20-%20Views%20and%20News]</ref> He also cited the [[Establishment test]], the [[Lemon test]], and the [[reasonable student standard]].<ref>''Kitzmiller,'' 400 F. Supp. 2d at 725 (coming to the conclusion reached in ''Selman'' by the Court's own reasoning), ''compare'' Selman v. Cobb County Sch. Dist, 2006 U.S. App. LEXIS 13005 (11th Cir. May 25, 2006) at *pincite needed*.</ref> The judge also ordered fees paid to the ACLU and its lawyers, totaling $2,067,000.<ref>''See'' 42 U.S.C. s 1988 (describing relief afforded victorious plaintiff of a 1983 action as including attorney fees).</ref>

==Same-sex Marriage==
The ACLU of New Jersey filed an amicus curiae brief in favor of same-sex marriage in ''Lewis v. Harris'', 188 N.J. 415 (1006). The New Jersey Supreme Court ruled in favor of civil unions, but by a 4-3 margin did not require same-sex marriage.

The ACLU sues schools when a student alleges encountering "anti-gay peer harassment and bullying based on his perceived sexual orientation." <ref>http://www.aclu.org/lgbt/youth/28618prs20070221.html</ref> The ACLU holds the school (and hence the taxpayers) liable for actions based on conduct by some students towards others.

The ACLU of Minnesota sued to force the Osseo Area School District to grant equal access to the schools public address (PA) system, yearbook, fundraising and field trips by a pro-homosexual school club named the Straights and Gays for Equality (“SAGE”).<ref>''Straights & Gays for Equality v. Osseo Area Schs.'', 471 F.3d 908 (8th Cir. 2006).</ref> The school district already had a club entitled "Gays, Lesbians, Bisexuals, Trans-gender, Questioning and Allies," and already had a SAGE club, but SAGE was designated as non-curricular and wanted the additional rights of communication.

The ACLU invoked the Equal Access Act to argue that as long as the school district granted these rights to other clubs, such as cheerleading and synchronized swimming, it must grant these rights to SAGE also. No, the school district argued in defending its action, cheerleading is related to physical education while SAGE is not, and thus SAGE should not have the same rights. However, there were other non phys-ed sports that got funding.

The district court ruled in favor of the ACLU, and the Court of Appeals for the Eighth Circuit unanimously affirmed. The Court ordered the school district to give SAGE the same rights as the cheerleading club. The ACLU will be able to demand substantial attorneys' fees at taxpayer expense.

Similarly, the ACLU of Florida sued the Okeechobee School Board to force it to allow a Gay-Straight Alliance club at Okeechobee High School. Though the school objected to this club as a "sex-based" club, the ACLU persuaded a federal judge to rule in its favor, and it will likely recover substantial attorneys fees at taxpayer expense. See ''Gay-Straight Alliance of Okeechobee High Sch. v. School Board of Okeechobee County'', 2007 U.S. Dist. LEXIS 25729 (S.D. Fla. Apr. 6, 2007).

==Abortion==
The ACLU is generally against laws that restrict access to abortion, such as parental notification when a minor seeks an abortion and informed consent for the woman herself. ACLU attorneys have argued several cases in support of abortion.

==Polygamy==
The ACLU has defended [[polygamy|polygamists]].<ref>During a question-and-answer session after a speech at Yale University, ACLU president Nadine Strossen stated that her organization has "defended the right of individuals to engage in polygamy," [http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=44977 World Net Daily] June 25, 2005</ref><ref>
The ACLU views freedom of religion and the establishment clause as inseparable: In order for people to have religious freedom, their government must neither endorse nor prohibit any religious position.[http://www.aclu.org/religion/frb/16163prs19990716.html ACLU press release July 16 1999].</ref>

==Prisoner and student rights==

In the 2007 case ''Spratt v. Rhode Island Department of Corrections'', the ACLU bought case against the Rhode Island Adult Correctional Institute following the prison's decision to bar Christian prisoner and lay minister Wesley Spratt from preaching to other inmates during weekly services. The ACLU won the case on appeal, securing the right for Spratt to hold religious services for other inmates so long as these do not conflict with prison security.<ref>ACLU: Appeals Court Overturns Ban on Christian Preacher in Rhode Island Prison (4/9/2007)[http://www.aclu.org/religion/frb/29578prs20070409.html]</ref>

In 2004, student Abbey Moler selected a bible verse to accompany her picture in a school yearbook. The school subsequently removed this text before publication. The ACLU filed suit against the Utica Community School District, on the grounds that this censorship violated Moler's first-amendment rights to free expression and freedom of religion. The case was settled out of court, with the school district agreeing to replace the verse in following prints of the yearbook and correct it by means of a sticker in copies still in its possession.<ref>ACLU: After ACLU Intervention on Behalf of Christian Valedictorian, Michigan High School Agrees to Stop Censoring Religious Yearbook Entries (5/11/2004)
[http://www.aclu.org/studentsrights/expression/12845prs20040511.html]</ref>

==ACLU and Medical Records==

The ACLU filed a friend-of-the-court brief in favor of the privacy of Rush Limbaugh in his medical records when he was under investigation for 'doctor shopping.' The ACLU argued that the privacy rights of a patient were being violated.<ref>http://www.foxnews.com/story/0,2933,108140,00.html</ref>

== Terrorism ==

The ACLU has challenged the authority of the President to authorize wireless wiretaps of overseas communications. In ''[[ACLU v. NSA]]'', the Court of Appeals for the [[Sixth Circuit]] rejected the ACLU's challenge.

==Views of the ACLU Founder==

Robert Baldwin, a co-founder of the ACLU and its first leader, was born and raised in Massachusetts. He said that his "social work began in my mind in the Unitarian Church when I was ten or twelve years old, and I started to do things that I thought would help other people.”

In the 1920 and 1930s he was sympathetic to the social goals and aspirations of the emerging communist nations. In 1934, Balwin published his goals in Soviet Russia Today:<ref>The Volokh Conspiracy (blog entry), Eugene Volokh, September 7, 2005 [http://volokh.com/posts/1126138099.shtml]</ref>

:I believe in non-violent methods of struggle as most effective in the long run for building up successful working class power. Where they cannot be followed or where they are not even permitted by the ruling class, obviously only violent tactics remain. I champion civil liberty as the best of the non-violent means of building the power on which workers rule must be based. If I aid the reactionaries to get free speech now and then, if I go outside the class struggle to fight against censorship, it is only because those liberties help to create a more hospitable atmosphere for working class liberties. The class struggle is the central conflict of the world; all others are incidental.

:Proletarian Liberty in Practice

:When that power of the working class is once achieved, as it has been only in the Soviet Union, I am for maintaining it by any means whatever. Dictatorship is the obvious means in a world of enemies at home and abroad. I dislike it in principle as dangerous to its own objects. But the Soviet Union has already created liberties far greater than exist elsewhere in the world. They are liberties that most closely affect the lives of the people — power in the trade unions, in peasant organizations, in the cultural life of nationalities, freedom of women in public and private life, and a tremendous development of education for adults and children. . . .

In 1940 he successfully fought to revise the ACLU charter to prohibit those affiliated with totalitarian organizations from serving on the ACLU board. The immediate target was the former-Wobbly and present Communist Party member, Elizabeth Gurley Flynn.

In 1947 General Douglas MacArthur arranged for Baldwin to serve as a civil liberties consultant in Japan.

==References==
<references/>

==External Links==
*[http://www.law.ucla.edu/volokh/blog/baldwin.pdf Baldwin speaks in defense of communism from 1934]
*Pro-ACLU sites:
**http://www.aclu.org
*Anti-ACLU sites:
**http://www.stoptheaclu.com/
**http://www.aclj.org

[[category:politics]]
[[category:liberal activists]]

New Deal

2007-07-15T18:02:58Z

MountainTiger:

The '''New Deal''' was the name coined by [[President of the United States of America|President]] [[Franklin D. Roosevelt]], a [[Democratic Party|Democrat]], for the [[Socialism|socialist]]ic programs he conducted throughout the Great Depression. This program had three aspects: relief, recovery and reform. It sought to provide immediate relief for the millions of unemployed. Roosevelt believed the New Deal would aid in recovery and reform in hopes of ending the Great Depression.

==Economic planning==

As the Depression set in, terms like “[[planned economy]]” and “national planning” became the watchwords of the day. <ref>[http://www.independent.org/publications/article.asp?id=1468 ''FDR: The Man, the Leader, the Legacy''], Ralph Raico, Future of Freedom Foundation, April 1, 2001. Retreived from The Independent Institute.org 06/17/07.</ref> They had been used by theoriticians for years and popularized by best-selling writers like George Soule and Stuart Chase, who lauded the Soviet Gosplan (central planning), asking plaintively, “Why should the Russians have all the fun of remaking a world?” The most prominent of the [[Brain Trust]]ers and the man often considered the chief ideologist of the “first New Deal” (roughly, 1933–34), was [[Rexford Guy Tugwell]]. Tugwell was a follower of the school of thought known as Institutional Economics, founded by the eccentric writer on economics, [[Thorstein Veblen]]. His official position was assistant secretary of agriculture, that is, second in command to [[Henry A. Wallace]], but his influence extended far beyond that. In 1927, Tugwell traveled to the Soviet Union and observed through scientific economic planning the Soviets were able to “carry out their industrial operations with a completely thought-out program.” “The future,” he announced, “is becoming visible in Russia.” Tugwell scorned the [[free market]] as anarchical, an uncoordinated muddle of hopelessly conflicting aims and purposes. It would have to be replaced by national planning, or technocracy, another shibboleth of the day, implying rule by the technical experts and managers, <ref>''The Managerial Revolution'', James Burnham, Indiana University Press, Bloomingham 1966.</ref> like himself.

==Collectivism==

There was a peculiar affinity between the New Deal and the European dictatorships that on occasion extended even to [[fascism]] and [[national socialism]] Early on, FDR referred to [[Benito Mussolini]] as “the admirable Italian gentlemen,” stating to his ambassador in Rome, “I am much interested and deeply impressed by what he has accomplished." Mussolini, in turn, was flattered by what he saw as the New Deal’s copying of his own corporate state, in the [[National Recovery Act]] (NRA) and other early measures. Even [[Hitler]] had kind words at first for Roosevelt’s “dynamic” leadership, stating that “I have sympathy with President Roosevelt because he marches straight to his objective over Congress, over lobbies, over stubborn bureaucracies.”

What linked the New Deal to the regimes in Italy and Germany, as well as in Soviet Russia, was their fellowship in the wave of [[collectivism]] that was sweeping the world. In an essay published in 1933, [[John Maynard Keynes]] observed this trend, and expressed his sympathy with the “variety of politico-economic experiments” under way in the continental dictatorships as well as in the United States. All of them, he gloated, were turning their backs on the old, discredited [[laissez-faire]] and embracing national planning in one form or another.

It goes without saying that the New Deal was a much milder form of the collectivism. In all of the national planning schemes, government gained power at the expense of the people, with the leaders seeking to impose a philosophy of life that subordinated the individual to the needs of the community—as defined by the state.

==100 Days==
In May 1933, the Thomas Amendment to the [[Agricultural Adjustment Act]] (AAA) was passed, giving the president the authority to increase the money supply by $3 billion in unbacked bills and to reduce the value of the gold dollar by up to half. In June, a supine Congress delivered to FDR the joint resolution he had requested, forbidding private debtors to fulfill their obligations in gold and relieving the government of its own sworn obligations. <ref>''The New Ordeal'', Freeman Tilden, The North American Review, v. 239, February 1935, p. 131-7.</ref>

==Civilian Conservation Corps==

The inner affinities of the New Deal with the continental dictatorships is well illustrated by one of the first measures passed during FDR’s first Hundred Days and was a program that was one of FDR’s favorites, the [[Civilian Conservation Corps]] (CCC).

Young men were enrolled as amateur forest rangers, marsh-drainers, and the like, on projects designed to improve the countryside. The recruits were given room and board, clothing, and a dollar a day. More than two and half million of them passed through the camps of the Civilian Conservation Corps, until the program was abolished in 1942, when the men were needed for the draft.

In 1973, John A. Garraty published an important article on the CCC in the ''American Historical Review'' <ref>''The New Deal, National Socialism, and the Great Depression'', John A. Garraty, American Historical Review, Vol. 78, October 1973. </ref> Garraty was Gouverneur Morris Professor of American history at Columbia and later general editor of the ''American National Biography''. Yet, while a warm admirer of FDR, Garraty was compelled to note the striking similarities between the CCC and parallel programs set up by the Nazis for German youth. Both were essentially designed to keep young men out of the labor market. Roosevelt described work camps as a means for getting youth “off the city street corners,” Hitler as a way of keeping them from “rotting helplessly in the streets.” In both countries much was made of the beneficial social results of mixing thousands of young people from different walks of life in the camps. . . . Furthermore, both were organized on semi-military lines with the subsidiary purposes of improving the physical fitness of potential soldiers and stimulating public commitment to national service in an emergency.

Garraty listed many other similarities between the New Deal and National Socialism. Like Roosevelt, Hitler prided himself on being a “pragmatist” in economic affairs, trying out one panacea after another. Through a multitude of new agencies and mountains of new regulations, both in Germany and America, owners and managers of enterprises found their freedom to make decisions sharply curtailed.

The Nazis encouraged working-class mobility, through vocational training, the democratizing youth camps, and a myriad of youth organizations. They usually favored workers as against employers in industrial disputes and, in another parallel to the New Deal, supported higher agricultural prices. Both FDR and Hitler “tended to romanticize rural life and the virtues of an agricultural existence“ and harbored dreams of the rural resettlement of urban populations, which proved disappointing. Characteristically for the collectivist movements of the time, “enormous propaganda campaigns” were mounted in the United States, Germany, and Italy (as well, of course, as in Russia) to fire up enthusiasm for the government’s programs.

It is no wonder, then, as Professor Garraty writes, that “during the first years of the New Deal the German press praised him [Roosevelt] and the New Deal to the skies. . . . Early New Deal policies seemed to the Nazis essentially like their own and the role of Roosevelt not very different from the Führer’s.”

==Timeline==

1933 to 1937 were recovery years stimulated by the New Deal government spending. However by 1937 the nation had nowhere near recovered to where it was in 1929.

The 1937 - 1943 Depression was longer in duration than the 1929 - 1932 crash, the result of massive government intrusion into the private economy which stunted growth. Manufacturing demand stimulated by WWII led to the 1943-1949 recovery, where finally, in 1949, the New York Stock Exchange recovered to the level it had been at 1929.

Many New Deal reforms were unpopular and criticized. In 1948 President [[Harry Truman]] ran on a reformed New Deal platform called the [[Fair Deal]], which was regarded largely as an admission the New Deal had not been fair.

==See also==
*[[New Ordeal]]

==References==
<references/>
[[Category:United States History]]

Lyndon B. Johnson

2007-07-15T17:40:56Z

MountainTiger:

{{President
|image=Lyndon johnson.jpg
|seq=36
|term_start=November 22, 1963
|term_end=January 20, 1969
|party=Democratic
|vp=None
|vp_dates=1963-1965
|2vp=Hubert Humphrey
|2vp_dates=1965-1969
|previous=John F. Kennedy
|next=Richard Nixon
|office2=vice
|seq2=36
|term_start2=January 20, 1961
|term_end2=November 22, 1963
|party2=
|pres2=John F. Kennedy
|previous2=Richard Nixon
|next2=Hubert Humphrey
|birth_date=August 27, 1908
|birth_place=Stonewall, Texas
|death_date=January 22, 1973
|death_place=Stonewall, Texas
|spouse=Lady Bird Johnson
|spouse2=
|religion=Disciple of Christ
}}

'''Lyndon B. Johnson''' often referred to as LBJ, assumed the office of [[President of the United States|President]] after the assassination of [[John F. Kennedy]]. He held that position from 1963 until 1969. Though he won re-election handily in 1964, he decided not to seek re-election in 1968 due to the unpopularity of the [[Vietnam War]].

Johnson was born in Stonewall, Texas, as one of five children. He graduated from Johnson City High School in 1924, and in 1926 enrolled in Southwest Texas State Teachers' College, graduating in 1931.

In 1932 Johnson moved to [[Washington, D.C.]] to work as an aide to Congressman Richard Kleberg. He briefly attended law school at [[Georgetown]]. In 1934 Johnson married Claudia Taylor (known as "Lady Bird"), with whom he had two daughters, Lynda (b. 1944) and Luci (b. 1947). In 1935, Johnson returned to Texas to run the Texas National Youth Administration, which created jobs for young people during the [[Depression]]. Including his wife's nickname, Lady Bird, all members of the family had the initials LBJ.

Johnson resigned from his job in 1937 to run successfully for a seat in the [[House of Representatives]] representing [[Austin, Texas|Austin]] and the surrounding area. In 1941 he lost a controversial race for a U.S. Senate seat to the governor of Texas, Pappy O'Daniel. The race was marked by allegations of voter fraud against both candidates. Johnson retained his House seat after the election.

In 1948, Johnson ran in another controversial Senate race, this time against former governor Coke Stevenson. After no candidate won a majority of the votes in the election, Johnson defeated Stevenson in a run-off election. After joining the Senate, Johnson established relationships with several senior senators, including [[Richard Russell]]. Johnson was appointed to the powerful [[Armed Services Committee]] in 1950, which brought him into the public spotlight. He became the leader of the [[Democratic Party]] in the Senate in 1953. Johnson sought the Democratic nomination for president prior to the 1960 election, but accepted the nomination for vice-president following Kennedy's nomination.

As President, Johnson greatly expanded the federal government with his [[Great Society]] programs. He also helped the civil rights movement win legislative victories and greatly expanded the American role in Vietnam.
{{DEFAULTSORT: Johnson, Lyndon B.}}
[[category:Presidents of the United States]]
[[category:Vice Presidents of the United States]]

Barry Goldwater

2007-07-15T17:33:39Z

MountainTiger: /* 1964 Presidential campaign */

[[Image:BarryGoldwater.jpg|right|thumb]]

'''Barry Morris Goldwater''' (1909-1998) was a United States Senator and the Republican nominee for President in 1964.

==Biography==
Born in a jewish family. Father of Barry Morris Goldwater, Jr., a [[U.S. Senator]] from [[Arizona]]; born in Phoenix, Maricopa County, Ariz., January 1, 1909; attended the Phoenix public schools, Staunton Military Academy, and one year at the University of Arizona at Tucson in 1928; began business career in 1929 in family mercantile business; during the Second World War entered active service in August 1941 in the United States Army Air Corps, serving in the Asiatic Theater in India, and was discharged in November 1945 as a lieutenant colonel with rating as pilot; organized the Arizona National Guard 1945-1952; brigadier general in the Air Force Reserve in 1959 and promoted to major general in 1962; retired in 1967 after thirty-seven years service; member of advisory committee, Indian Affairs, Department of the Interior 1948-1950; member of the city council of Phoenix 1949-1952; elected as a Republican to the United States Senate in 1952; reelected in 1958, and served from January 3, 1953, to January 3, 1965; did not seek reelection to the Senate in 1964; unsuccessful Republican nominee for President in 1964; elected to the United States Senate in 1968; reelected in 1974 and again in 1980, and served from January 3, 1969, to January 3, 1987; did not seek reelection in 1986; chairman, Select Committee on Intelligence (Ninety-seventh and Ninety-eighth Congresses), Committee on Armed Services (Ninety-ninth Congress); awarded the Presidential Medal of Freedom on March 12, 1986; died May 29, 1998, at Paradise Valley, Ariz.

==1964 Presidential campaign==
Barry Goldwater entered the United States Senate in 1953. During the 1960 Presidential election there was a campaign among [[conservative]]s to draft Goldwater for President, a race in which [[Richard Nixon]] ultimately won the Republican nomination and [[John F. Kennedy]] narrowly defeated him for President. The campaign to draft Goldwater to run for President continued in the next election cycle. In 1964 Goldwater seriously sought the nomination, not running for re-election to the Senate that year, and was successful. He was defeated in the general election by incumbent [[Lyndon Johnson]]. After the election he ran successfully again for the Senate in 1968.

Lyndon Johnson was successful in part because of continued public sympathy over the [[John F. Kennedy assassination]], the use of [[negative advertising]] such as the notorious "daisy" TV ad which raised fears of [[nuclear war]] if Goldwater were elected, and negative media coverage of some of the conservative groups supporting Goldwater, such as the [[John Birch Society]]. Johnson ironically ran as a "peace candidate" but shortly after the election drastically escalated U.S. involvement in the [[Vietnam War]].

The 1964 Goldwater campaign helped usher in the modern conservative movement in the United States. The political careers of both [[Phyllis Schlafly]] and [[Ronald Reagan]] got a big boost during the campaign. Schlafly wrote a book, ''[[A Choice, Not An Echo]]'' during the campaign which was widely distributed and launched her career as a conservative political activist. ''A Choice, Not An Echo'' detailed the machinations of the [[moderate]] to [[liberal]] East Coast wing of the Republican Party to hand-pick Presidential candidates (Nixon, [[Wendell Willkie]], [[Dwight Eisenhower]], etc.) and called for conservatives in the party to organize to counter this wing of the party and their "kingmaker" approach to nominating candidates. The book was a rallying call for conservatives in the party and helped Goldwater win the nomination. Reagan gave a speech as part of a "TV for Goldwater-Miller" television ad campaign which made him an up and coming star among conservatives, eventually leading to his own series of Presidential campaigns in 1968, 1976. and 1980, the last of which successfully landed him in the [[White House]]. The 1964 Goldwater campaign was also followed by the rise of a growing conservative campus movement during the 1960s led by [[Young Americans for Freedom]], the rise of a small [[libertarian]] movement which also supported Goldwater but would later split with conservatism over the [[draft]] and [[drug]] policy, and modern conservative movement approaches such as [[direct mail]] organizing.

The 1964 Goldwater campaign also marked the first time since before the [[Civil War]] that the states of the Deep South, angered by the liberal Johnson's support for civil rights, broke from the [[Democratic Party]] and gave their electoral votes to the Republican nominee. The South has had a long tradition of [[conservative Democrat]]s and nearly always voted for the Democratic nominee in Presidential elections before 1964.{{fact}}

{{DEFAULTSORT:Goldwater, Barry}}
[[Category:Political people]]

Immanuel Kant

2007-07-15T17:15:50Z

MountainTiger:

[[Image:Gfdyre.jpg|right|thumb]]
'''Immanuel Kant''' (1724-1804) was a [[German]] [[philosopher]]. Kant was among the last of the major [[Enlightenment]] thinkers, and was one of the most influential intellectuals in Europe during his lifetime.

In his ''A Critique of Pure Reason'' Kant criticizes pure [[reason]] as a guide to life, establishing several categories through which reason is able to comprehend the ultimate reality. Kant also established a systematic basis for critical philosophy, establishing [[synthetic a priori]] considerations as a prior necessity to [[analytic a priori]] concepts, and suggested a material origin for the solar system (prior to Kant, the origin of the solar system was considered to be immaterial and possibly even a priori). Kant's own suggestion for a moral daily life was the [[categorical imperative]]: ''Act only according to that maxim whereby you can at the same time will that it should become a universal law''. Expressed another way, an act is moral only if it works as a rule for everyone. For example, littering would be wrong because if everyone did it, then there would be an ugly mess. On the other hand, if a murderer asks you where someone is hiding, you should always tell them because lying is wrong. The categorical imperative can be contrasted with the [[hypothetical imperative]], which says that you should act according to any maxim which might possibly be willed. He remained single throughout his life, though he said, toward the end of it, that he could not afford a wife in his youth and did not need one in his old age. Kant's aim was to make philosophy truly scientific.

==Writings==

Books

*Critique of Pure Reason (1781, 1787)
*Metaphysic of Morals
*Critique of Practical Reason (1788)
*Metaphysical Elements of Ethics
*General Intro to Metaphysic of Morals
*Science of Right
*Critique of Judgement (1790)

::''"Two things fill the mind with ever-increasing wonder and awe, the more often and the more intensely the mind of thought is drawn to them: the starry heavens above me and the moral law within me."'' Critique of Practical Reason, 1799.

Articles (published in the 1780s and 1790s)

*An Answer to the Question: What Is Enlightenment?
*What Does It Mean to Orient Oneself in Thinking?
*On the Miscarriage of All Philosophical Trials in Theodicy
*Religion within the Boundaries of Mere Reason

:::::''“What can I know? What ought I do? For what may I hope?”''

==External Links==
*[http://plato.stanford.edu/entries/kant-science/ Kant's Philosophy of Science]
*[http://plato.stanford.edu/entries/kant-metaphysics/ Kant's Critique of Metaphysics]
*[http://plato.stanford.edu/entries/kant-mind/ Kant's View of the Mind and Consciousness of Self]
*[http://plato.stanford.edu/entries/kant-aesthetics/ Kant's Aesthetics and Teleology]
*[http://plato.stanford.edu/entries/kant-religion/ Kant's Philosophy of Religion]
*[http://plato.stanford.edu/entries/kant-development/ Kant's Philosophical Development]
*[http://plato.stanford.edu/entries/kant-moral/ Kant's Moral Philosophy]
*[http://plato.stanford.edu/entries/kant-leibniz/ Kant and Leibniz]
*[http://plato.stanford.edu/entries/kant-judgment/ Kant's Theory of Judgment]

{{DEFAULTSORT:Kant, Immanuel}}
[[Category:Philosophers]]

John Roberts

2007-07-15T17:08:03Z

MountainTiger:

[[Image:Rootw.jpg|right]]
John Roberts is the 17th Chief Justice of the [[U.S. Supreme Court]](2005-). He was appointed by George W. Bush to replace William Rehnquist as Chief Justice.

{{DEFAULTSORT: Roberts, John}}
[[Category:US Judges]]

Samuel Alito

2007-07-15T17:03:26Z

MountainTiger:

[[Image:Alit.jpg|right]]
Samuel Alito is an Associate Justice of the [[U.S. Supreme Court]] (2006-). He was appointed by [[George W. Bush]] to fill the seat vacated by [[Sandra Day O'Connor]] after [[Harriet Miers]] was forced to withdraw her nomination. He has aligned himself with the conservative wing of the court, overturning school integration programs and campaign finance laws enacted by elected officials.

{{DEFAULTSORT: Alito, Samuel}}
[[Category:US Judges]]

Alberto R. Gonzales

2007-07-15T16:23:54Z

MountainTiger: /* "Controversies" */

{| border="1" align="right" cellpadding="2" cellspacing="0" width="250" style="margin-left:5px"
|align="center" colspan="2"|[[Image:480px-Alberto Gonzales - official DoJ photograph.jpg|right|thumb]]
|-
!colspan="2" align="center" style="color: white; height: 30px; background: Indigo no-repeat scroll top left;"|Alberto Gonzalez;
80th Attorney General of the United States
|-
|Born
|August 4, 1955
|-
|Term
|February 3, 2005 -
|-
|}

'''Alberto R. Gonzales''' (born August 4, 1955) is the 80th Attorney General of the United States, succeeding [[John Ashcroft]]. He is a graduate of [[Rice University]], and a former member of [[Lovett College]]. As a Hispanic, Gonzales provides ample proof that the Bush administration is committed to having people of different racial backgrounds and/or genders constitute their political appointees and Cabinet-level officials (i.e. not just a bunch of "Good Old Boys"). In this case, it just so happens that Gonzales was one of the best students in his college's graduating class, considered one of the school's brightest and most intellectually rigorous students, and, like Edwin Meese, was widely considered one of the best appointees ever for the position of Attorney General. In 2007 he came under attack for the firing of 8 US attorneys across America. As of April 19, 2007 [[President Bush]] has stated that he will not call for the resignation of Gonzales.

== Achievements ==
* Led Project Safe Neighborhoods to help eliminate violence in inner cities.<ref>http://www.usdoj.gov/opa/pr/2006/May/06_ag_262.html</ref>
* Was instrumental in passing the historic Military Commissions Act

== "Controversies" ==
Alberto Gonzalez was the center of a controversy over the firings of 8 United States attorneys. Detractors insisted that the attorneys were fired for political reasons, instead of performance-based reasons (a claim that no one in the White House has ever made, though some Justice Department officials initially made this claim in Congressional testimony).<ref>http://www.washingtonpost.com/wp-dyn/content/article/2007/01/18/AR2007011801880.html</ref> Despite the fact that United States attorneys serve at the pleasure of the [[President of the United States]], and can be fired at any time for any reason, the [[Liberal bias|liberally biased]] media insists on calling it a scandal. So, even if the President did want to remove any United States attorney just because he or she was a Democrat, the President would be within his purview to do so. In fact, Alberto Gonzalez "tempered the White House desire to replace U.S. Attorneys wholesale." <ref>http://communities.justicetalking.org/blogs/day24/archive/2007/03/23/alberto-gonzales-raw-deal.aspx</ref>
During his testimony over this "Controversy", Mr. Gonzales stated 74 times that he could not recall various events relating to the situation.
<ref>http://www.associatedcontent.com/article/221105/alberto_gonzales_testifies_to_congress.html</ref>

== Trivia ==
* Albert Gonzalez was voted the Outstanding Young Lawyer of Texas in 1992.
* His Secret Service nickname is "Elephant", a reference to his uncanny ability to memorize obscure parts of United States law.

== References ==
<references />

{{DEFAULTSORT:Gonzales, Alberto R.}}
[[Category:Political people]]