Historical Overview of the American Civil Liberties Union (ACLU)
The American Civil Liberties Union (ACLU) is a nonprofit organization dedicated to defending civil liberties guaranteed by the U.S. Constitution. Since its founding in 1920, the ACLU has become one of the most influential—and sometimes controversial—legal advocacy groups in American history (American Civil Liberties Union | The First Amendment Encyclopedia). It works through litigation, lobbying, and education to uphold rights such as freedom of speech, freedom of religion, due process, and equality under the law (American Civil Liberties Union (ACLU) | Britannica). Over more than a century, the ACLU has been involved in hundreds of landmark cases and pivotal moments, from early battles over anti-war speech to modern fights over digital privacy. This report provides a detailed historical overview of the ACLU’s origins, key eras of activity, major legal cases, evolving focus areas, and shifts in public perception.
Founding and Early Years (1917–1920s)
Origins (World War I Era): The ACLU’s roots trace back to World War I, when civil liberties were under siege. In 1917, reformers Roger Nash Baldwin and Crystal Eastman formed the National Civil Liberties Bureau (NCLB) as part of the American Union Against Militarism (History of the American Civil Liberties Union - Wikipedia) (American Civil Liberties Union | The First Amendment Encyclopedia). The NCLB provided legal aid to anti-war activists, conscientious objectors, and labor organizers targeted under wartime laws like the Espionage Act of 1917 and Sedition Act of 1918 (American Civil Liberties Union | The First Amendment Encyclopedia). After the war, the government’s “Palmer Raids” (1919–1920) saw Attorney General A. Mitchell Palmer round up radicals and immigrants without regard for due process. In response to these raids and the broader Red Scare, Baldwin and other civil libertarians reorganized the NCLB into a new, permanent organization dedicated to protecting constitutional rights (American Civil Liberties Union | The First Amendment Encyclopedia).
Founding of the ACLU (1920): The American Civil Liberties Union was officially founded on January 19, 1920 in New York City by Roger Baldwin and an array of progressive reformers (American Civil Liberties Union | The First Amendment Encyclopedia). Early co-founders included Crystal Eastman, Albert DeSilver, Helen Keller, Jane Addams, Morris Ernst, Walter Nelles, Elizabeth Gurley Flynn, and others – a who’s-who of social activists, academics, and even a future Supreme Court Justice (Felix Frankfurter) (American Civil Liberties Union - Wikipedia) (American Civil Liberties Union - Wikipedia). Baldwin served as the ACLU’s first executive director (1920–1950) (Roger Baldwin | The First Amendment Encyclopedia). The founders’ motivation was clear: to champion constitutional liberties—especially free speech and fair treatment under law—for those whom the government was silencing or mistreating (American Civil Liberties Union (ACLU) | Britannica) (American Civil Liberties Union | The First Amendment Encyclopedia). At its outset, the ACLU boldly declared its mission to defend the First Amendment and civil rights for all individuals, even those with unpopular views.
Early Battles in the 1920s: In its first years, the ACLU focused on freedom of speech and fighting censorship. At the time, the Supreme Court had never upheld a free speech claim, and many Americans were jailed simply for speaking against World War I or supporting labor strikes (History of the ACLU | ACLU of San Diego and Imperial Counties | The ACLU of San Diego and Imperial Counties fights for individual rights and fundamental freedoms for all.). The ACLU stepped into this hostile climate and immediately set up test cases to challenge repressive laws. Some highlights of the 1920s include:
1920: The ACLU’s first major campaign defended immigrants and dissidents caught in the Palmer Raids. The Union helped secure the release of hundreds of activists imprisoned for their anti-war or radical views (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union), and defended the right of labor unions (like the IWW) to meet and organize (American Civil Liberties Union | The First Amendment Encyclopedia).
1921–1927 (Sacco-Vanzetti Case): The ACLU provided legal defense for Nicola Sacco and Bartolomeo Vanzetti, Italian immigrant anarchists accused of murder in Massachusetts (American Civil Liberties Union (ACLU) | Britannica). Despite worldwide appeals and evidence casting doubt on their guilt, Sacco and Vanzetti were convicted and executed in 1927. The case became a symbol of prejudice against immigrants and leftists; the ACLU’s involvement showed its willingness to defend politically unpopular defendants.
1925 (Scopes “Monkey” Trial): In a headline-grabbing test of academic freedom, the ACLU persuaded Tennessee teacher John T. Scopes to challenge a state law banning the teaching of evolution. Famed lawyer Clarence Darrow (recruited by the ACLU) defended Scopes against William Jennings Bryan in the Scopes Trial (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union). Scopes was initially convicted (with a token fine), but the trial’s publicity struck a blow against anti-evolution laws and underscored the ACLU’s commitment to scientific freedom in education (American Civil Liberties Union (ACLU) | Britannica).
1925 (Gitlow v. New York): The ACLU backed Benjamin Gitlow, a socialist convicted under New York’s “criminal anarchy” law for publishing a left-wing manifesto. The Supreme Court upheld Gitlow’s conviction but, crucially, ruled that the First Amendment’s free speech protections apply to state laws via the 14th Amendment (History of the American Civil Liberties Union - Wikipedia). This incorporation doctrine was a milestone: it meant state governments (not just Congress) could be challenged for violating free speech.
1927 (Whitney v. California): ACLU leaders supported Charlotte Whitney, a woman convicted for attending a Communist Party meeting. Although the Supreme Court upheld her conviction, Justice Brandeis’s famous concurrence stressed that advocacy of ideas (even radical ones) is protected unless it poses a “clear and present danger.” This reasoning laid groundwork for stronger speech protections in later cases (History of the American Civil Liberties Union - Wikipedia).
1920s – Fighting Censorship: The ACLU launched strategic efforts to overturn book censorship. It would deliberately obtain banned books to trigger legal challenges (American Civil Liberties Union (ACLU) | Britannica). One victory came in 1933 when a federal court (in United States v. One Book Called “Ulysses”) ruled James Joyce’s novel Ulysses was not obscene, allowing it and other literary works to be imported and sold in the U.S. (American Civil Liberties Union (ACLU) | Britannica). Such cases in the ’20s and ’30s helped chip away at Puritanical censorship laws.
By the end of the 1920s, the ACLU had established itself as the nation’s premier civil liberties defender. It had won few Supreme Court victories early on, but the principles it championed were gradually gaining acceptance (American Civil Liberties Union - Wikipedia). Public awareness of civil liberties grew, setting the stage for major legal breakthroughs in the decades to follow.
The ACLU in the 1930s and World War II Era
The 1930s and 1940s saw the ACLU take on new fights — from racial justice and labor rights during the Depression to defending Japanese Americans’ rights during World War II. This era also tested the ACLU’s own principles, as fear of communism sparked internal controversy.
Depression-Era Cases and Racial Justice: During the Great Depression, economic turmoil led to new attacks on civil liberties, and the ACLU expanded its work to racial equality and labor issues. Notable events include:
1931–1935 (Scottsboro Boys): The ACLU helped in the defense of the Scottsboro Boys, nine Black teenagers falsely accused of raping two white women in Alabama. Working alongside other groups, ACLU attorneys fought the blatant injustice. The Supreme Court’s decisions in Powell v. Alabama (1932) and Norris v. Alabama (1935) overturned some of the convictions, establishing that defendants in capital cases have a right to adequate counsel and that racial discrimination in jury selection is unconstitutional (American Civil Liberties Union (ACLU) | Britannica). These were early civil rights victories that foreshadowed the broader civil rights movement.
Anti-Censorship and Free Press: The ACLU continued battling censorship. In Near v. Minnesota (1931), it supported a newspaper editor whose publication was shut down for criticizing officials. The Supreme Court ruled that prior restraints (pre-publication censorship) violate the First Amendment in almost all cases, a landmark win for press freedom. Similarly, ACLU efforts ensured books like Ulysses could circulate freely (American Civil Liberties Union (ACLU) | Britannica).
Religious Freedom – Jehovah’s Witnesses: In the late 1930s, the ACLU defended Jehovah’s Witnesses who faced persecution for their beliefs. One significant case involved families whose children were expelled from school for refusing to salute the American flag on religious grounds. Although the Supreme Court initially ruled against the children in 1940, public outcry and the ACLU’s persistence led to a reversal a few years later (see West Virginia v. Barnette in 1943 below) (American Civil Liberties Union (ACLU) | Britannica). This saga strengthened First Amendment freedom of religion and conscience.
Internal Conflict – The 1940 Communist Controversy: In 1940, on the eve of World War II, the ACLU faced a defining internal debate. Some board members feared association with communism would discredit the organization, while others argued the ACLU must defend everyone’s rights, including Communists (History of the American Civil Liberties Union - Wikipedia) (History of the American Civil Liberties Union - Wikipedia). The anti-Communist faction prevailed: in 1940 the ACLU’s board passed a resolution barring Communists from its leadership (History of the American Civil Liberties Union - Wikipedia). Founder Elizabeth Gurley Flynn, herself a known Communist sympathizer, was voted off the board as a result. This purge of Communists from the ACLU provoked criticism from the political left and led to resignations (American Civil Liberties Union | The First Amendment Encyclopedia). The episode was a philosophical crisis: the ACLU, committed to defending unpopular speech, was effectively estranging some of its own members for their beliefs. The policy was eventually abandoned by the mid-1950s, as a new generation of ACLU leaders recommitted to a more absolutist defense of civil liberties (History of the American Civil Liberties Union - Wikipedia). The 1940 controversy, however, foreshadowed how the Cold War would challenge civil liberties groups.
World War II and Japanese Internment: The attack on Pearl Harbor in 1941 led to one of the starkest civil liberties violations in U.S. history: the internment of over 110,000 Japanese Americans. The ACLU was nearly alone in publicly opposing the internment policy (ACLU History | American Civil Liberties Union). Despite intense public fear and pressure, the ACLU provided legal support to Japanese American citizens who resisted wartime orders. Notable events:
1942–1944 (Japanese American Internment Cases): ACLU attorneys (particularly from the West Coast affiliates) defended individuals like Gordon Hirabayashi, Minoru Yasui, and Fred Korematsu, who were convicted for refusing curfews or relocation orders. In Hirabayashi v. United States (1943), the Supreme Court unfortunately upheld a curfew targeting Japanese Americans (American Civil Liberties Union | The First Amendment Encyclopedia). And in the infamous Korematsu v. United States (1944), the Court upheld the mass internment as a “military necessity,” a decision now widely viewed as a racial injustice. The ACLU’s role was complex – the national office was divided, but the ACLU of Northern California defied orders and pressed Korematsu’s case (ACLU History | American Civil Liberties Union). Although these cases were losses at the time, the ACLU’s principled stand against internment is now seen as one of its finest (if fraught) moments (ACLU History | American Civil Liberties Union). Decades later, the Korematsu conviction was nullified in a coram nobis proceeding, and in 2018 the Supreme Court formally repudiated the Korematsu decision as gravely wrong.
1943 (West Virginia v. Barnette): In the midst of war fervor, the ACLU achieved a major victory for freedom of religion and speech. This case revisited the Jehovah’s Witness flag-salute issue: The Supreme Court in Barnette (1943) overturned its own 1940 ruling and held that public schools cannot force students to salute the flag or recite the Pledge of Allegiance (American Civil Liberties Union | The First Amendment Encyclopedia). Justice Robert Jackson’s stirring opinion declared that no official can prescribe orthodoxy in politics, nationalism, or religion, cementing a core First Amendment principle. The ACLU’s persistence paid off, and Barnette remains a cornerstone case on compelled speech.
By the end of World War II, the ACLU had grown in stature through its defense of citizens’ rights during crisis. However, new challenges emerged with the Cold War. The late 1940s saw the rise of anti-communist McCarthyism, forcing the ACLU to navigate between defending civil liberties and countering accusations of being a “Communist front.”
Post-War and McCarthy Era (1940s–1950s)
In the post-WWII years, the U.S. was gripped by the Cold War Red Scare. Senator Joseph McCarthy’s hunt for communists and widespread loyalty programs posed severe tests for the Bill of Rights. During the 1950s, the ACLU often had to defend individuals targeted for their political beliefs, while also repairing its own internal rifts from the 1940 communist purge.
Defending Suspected “Subversives”: The ACLU of the 1950s handled many cases challenging loyalty oaths, blacklistings, and prosecutions of alleged communists (American Civil Liberties Union (ACLU) | Britannica). While the national ACLU was initially cautious (to avoid being banned as subversive itself), many local ACLU chapters took courageous stands. Key developments:
Loyalty Oaths: Federal and state governments imposed loyalty oaths on employees and teachers, demanding they swear they were not communists. The ACLU opposed these as violations of freedom of belief. In cases like Lucy v. Adams and others, ACLU lawyers argued that loyalty tests often punished innocent people and chilled free speech (American Civil Liberties Union (ACLU) | Britannica). Over time, courts struck down some of the most egregious oaths and requirements.
Blacklist and HUAC: After Congress’s House Un-American Activities Committee (HUAC) hearings (notably the Hollywood inquiries in 1947), suspected leftists were blacklisted from employment. The ACLU publicly criticized the Hollywood blacklist and supported artists and screenwriters who refused to name names. For example, when the “Hollywood Ten” were cited for contempt of Congress for not cooperating, the ACLU backed their appeals (unsuccessfully) (History of the American Civil Liberties Union - Wikipedia). The ACLU also filed amicus briefs in cases like Watkins v. United States (1957), which finally placed limits on Congress’s power to punish uncooperative witnesses and helped curb the abuses of HUAC.
Smith Act Trials: Dozens of Communist Party leaders were prosecuted under the Smith Act (which criminalized advocating overthrow of the government). The ACLU was divided at first, but several affiliates eventually aided the defense or appeals of Communist defendants (History of the American Civil Liberties Union - Wikipedia). In Yates v. United States (1957), the Supreme Court overturned many Smith Act convictions, ruling that abstract revolutionary talk was protected speech, not a criminal conspiracy. This decision, which the ACLU welcomed, effectively ended the era of mass sedition prosecutions.
By the mid-1950s, the internal rift in the ACLU healed in favor of civil libertarianism. In 1954, anti-communist board members resigned and the ACLU firmly recommitted to defending free speech for all, including Communists (History of the American Civil Liberties Union - Wikipedia). Ironically, even as it scaled back some early defenses of communists, the organization was still denounced by conservatives as a communist sympathizer (History of the American Civil Liberties Union - Wikipedia). The “Red Scare” gradually subsided by the late 1950s, and the ACLU’s stance was vindicated as many loyalty measures were deemed unconstitutional.
Supporting the Civil Rights Movement: Parallel to fighting McCarthyism, the ACLU in the 1950s also joined battles against racial segregation. It often partnered with or supported the NAACP Legal Defense Fund in crucial civil rights cases:
1954 (Brown v. Board of Education): The ACLU contributed an amicus brief and legal support in this landmark case ending de jure racial segregation in public schools (ACLU History | American Civil Liberties Union). When the Supreme Court unanimously struck down “separate but equal” in Brown, the ACLU celebrated it as a major victory for equal protection (ACLU History | American Civil Liberties Union). This marked the beginning of an era where civil liberties and civil rights causes increasingly intersected.
1958 (NAACP v. Alabama): The ACLU supported the NAACP’s challenge to Alabama’s attempt to force disclosure of its membership lists. The Supreme Court ruled in favor of NAACP, protecting the freedom of association and shielding civil rights supporters from harassment. This was another critical precedent in support of social movements.
By 1960, the ACLU had weathered the McCarthy era and emerged with a strengthened commitment to core freedoms. Its membership and influence were growing, and it was poised to ride the wave of the 1960s rights revolutions.
Civil Rights and Social Movements (1960s–1970s)
The 1960s and 1970s were a defining epoch for civil liberties, as the nation grappled with movements for civil rights, free speech, women’s equality, and opposition to the Vietnam War. The ACLU was at the forefront of many of these battles, significantly expanding its focus areas and winning landmark victories in the Supreme Court.
Free Speech and Protest in the 1960s: The ACLU’s original mission of protecting the First Amendment took on new urgency during the turbulent ’60s. It defended civil rights demonstrators, Vietnam war protesters, and even members of extreme groups, staying true to the principle that everyone has free speech rights (American Civil Liberties Union | The First Amendment Encyclopedia). Notable cases:
1964 (New York Times Co. v. Sullivan): The ACLU filed a amicus curiae brief supporting the New York Times in this libel case brought by a Southern official upset by civil rights coverage. The Supreme Court’s ruling established the “actual malice” standard, providing strong protection for press criticism of public officials. This case was a huge win for freedom of the press and civil rights advocacy.
1967 (Loving v. Virginia): In a case litigated by ACLU attorneys, the Supreme Court struck down laws banning interracial marriage (American Civil Liberties Union | The First Amendment Encyclopedia). ACLU lawyers Bernard S. Cohen and Philip Hirschkop represented Mildred and Richard Loving, a black woman and white man who had been criminally convicted for marrying. The Court’s unanimous decision in Loving declared marriage to be a fundamental right and that race-based restrictions violated the 14th Amendment (American Civil Liberties Union | The First Amendment Encyclopedia). This was a civil liberties triumph and a milestone for racial equality.
1969 (Brandenburg v. Ohio): The ACLU famously defended a Ku Klux Klan leader, Clarence Brandenburg, who was prosecuted under an Ohio law for a hateful speech. In a major victory for free expression, the Supreme Court reversed the conviction and set a new, stricter standard for punishing speech: the state can only ban speech inciting imminent lawless action (American Civil Liberties Union | The First Amendment Encyclopedia). This Brandenburg test protected even offensive or extreme speech unless it directly provokes immediate violence. The case underscored the ACLU’s commitment to defending even the most unpopular speakers (like the KKK) to preserve First Amendment principles (American Civil Liberties Union | The First Amendment Encyclopedia).
1969 (Tinker v. Des Moines): During the Vietnam War, the ACLU represented public school students suspended for wearing black armbands to protest the war. In a landmark ruling, the Supreme Court held that students do not “shed their constitutional rights to freedom of speech…at the schoolhouse gate.” The ACLU’s victory in Tinker was a ringing affirmation that students have First Amendment rights, so long as their expression is not disruptive (ACLU History | American Civil Liberties Union).
The Civil Rights Movement and Due Process: Beyond free speech, the ACLU engaged deeply with the broader civil rights movement and the Warren Court’s criminal justice revolution:
1961–1966 (Rights of the Accused): The ACLU supported cases that transformed criminal procedure, such as Mapp v. Ohio (1961, applying the exclusionary rule to states), Gideon v. Wainwright (1963, guaranteeing counsel for indigent defendants) (American Civil Liberties Union (ACLU) | Britannica), and Miranda v. Arizona (1966, requiring police to read suspects their rights). In each instance, the Supreme Court expanded due process protections – developments very much in line with ACLU advocacy for fair treatment under law (American Civil Liberties Union (ACLU) | Britannica).
1960s Civil Rights Demonstrations: ACLU lawyers often defended civil rights activists who were arrested during peaceful protests, sit-ins, or freedom rides. They challenged unconstitutional enforcement of Jim Crow laws and helped set precedents that protected the right to march, to boycott, and to equal protection in public accommodations.
School Prayer and Religious Liberty: The ACLU took a strong stance on separation of church and state. It played a role in Engel v. Vitale (1962), where the Court banned official prayer in public schools as unconstitutional (American Civil Liberties Union (ACLU) | Britannica). Likewise, in Abington School District v. Schempp (1963), mandatory Bible readings in schools were struck down. These decisions, controversial at the time, have become bedrock Establishment Clause law – and the ACLU’s advocacy was key in highlighting the First Amendment issues.
Women’s Rights and the 1970s: In the 1970s, the ACLU notably expanded its focus to gender equality and reproductive freedom. Under the leadership of figures like Ruth Bader Ginsburg, who co-founded the ACLU’s Women’s Rights Project in 1972 (American Civil Liberties Union - Wikipedia), the organization pursued a strategic litigation campaign for women’s legal equality:
1971 (Reed v. Reed): ACLU attorney Ruth Bader Ginsburg authored the brief in this case, persuading the Supreme Court to strike down a law favoring men over women as estate administrators. It was the first time the Court held that the Equal Protection Clause forbids sex discrimination. This opened the door to heightened scrutiny of gender-based laws.
1973 (Frontiero v. Richardson): The ACLU supported Air Force Lieutenant Sharron Frontiero’s challenge to unequal benefits for women service members. The Supreme Court ruled in her favor, further solidifying that sex classifications demand close review.
Reproductive Freedom – Roe v. Wade (1973): In the early 1970s, the ACLU was deeply involved in abortion rights litigation. It assisted in cases that culminated in the Supreme Court’s Roe v. Wade decision, which declared a woman’s decision to terminate a pregnancy a private choice protected by the Constitution (ACLU History | American Civil Liberties Union). On the same day, the Court also decided Doe v. Bolton (an ACLU-supported case out of Georgia), expanding access to abortion. These rulings were the fruit of decades of struggle (ACLU History | American Civil Liberties Union) and launched the ACLU into ongoing defense of reproductive rights in courts and legislatures.
Vietnam War Era and Surveillance: The late 1960s and 1970s saw the ACLU oppose government surveillance and militarism:
The ACLU defended draft resisters and attacked the constitutionality of the Vietnam draft, though courts upheld it.
It exposed domestic spying programs like the FBI’s COINTELPRO that targeted activists. These revelations led to new privacy and surveillance checks (e.g., the 1978 Foreign Intelligence Surveillance Act). The ACLU would later use these frameworks to challenge national security abuses.
In 1971, when the New York Times published the Pentagon Papers (a secret history of the Vietnam War), the ACLU supported the newspapers’ right to publish. The Supreme Court’s decision in NY Times Co. v. United States (1971) rejected prior restraint of the press, a victory aligned with ACLU’s staunch free press stance.
The Skokie Case – A Defining Moment (1977–1978): Perhaps the most infamous and challenging episode for the ACLU in this era was its defense of a neo-Nazi group’s right to march:
In 1977, the National Socialist Party of America (a neo-Nazi organization) announced plans to demonstrate in Skokie, Illinois, a town with many Holocaust survivors. The ACLU of Illinois, led by attorney David Goldberger, took on the deeply unpopular task of defending the Nazis’ First Amendment right to rally (American Civil Liberties Union | The First Amendment Encyclopedia) (American Civil Liberties Union | The First Amendment Encyclopedia). After intense legal battles (Smith v. Collin in the Illinois courts), the courts ultimately ruled that Skokie could not bar the Nazis from marching based on the content of their message. The ACLU’s defense of free speech for Nazis was principled but extremely controversial – the case “cost the ACLU dearly as members left in droves” in protest (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union). Some supporters found the stance too extreme, but many others (and the ACLU itself) saw it as perhaps the ACLU’s “finest hour,” exemplifying an unwavering commitment to the First Amendment (ACLU History | American Civil Liberties Union). The Skokie case stands as a signature ACLU moment, often cited to illustrate the organization’s dedication to defending even the most loathed speech on principle. It also spurred a public debate on the limits of hate speech that continues to this day.
Other 1970s Expansions: By the end of the 1970s, the ACLU had set up dedicated projects focusing on specific issues: Women’s Rights, Immigrants’ Rights, LGBT Rights (a nascent project by the late ’70s), and more. It also took on cases involving privacy and technology, such as challenging broad wiretapping statutes and defending the right to possess private obscene material (Stanley v. Georgia, 1969, protecting private adult pornography consumption). The ACLU’s agenda was broadening significantly beyond its early free speech focus, to encompass a wide range of civil liberties.
New Frontiers in a Conservative Era (1980s–1990s)
The 1980s and 1990s brought new challenges and opportunities. The Reagan Revolution and a more conservative Supreme Court meant the ACLU often played defense, fighting against rollbacks of rights. Yet this era also saw the ACLU break new ground, particularly in LGBTQ+ rights, digital free speech, and criminal justice. Public perception of the ACLU remained polarized: it was lauded by liberals and libertarians, but frequently attacked by conservatives in the political arena.
Defending First Amendment in the 1980s: The ACLU continued to champion free expression in many forms:
Flag Burning – Texas v. Johnson (1989): The ACLU of Texas represented Gregory Lee Johnson, who was convicted for burning an American flag in protest during the 1984 Republican National Convention. In a landmark decision, the Supreme Court struck down laws against flag desecration, affirming that even burning the flag in political protest is protected speech (American Civil Liberties Union | The First Amendment Encyclopedia). This was a significant First Amendment victory. Nonetheless, it spurred controversial attempts (which the ACLU successfully opposed) to amend the Constitution to ban flag burning.
Arts and Censorship: The ACLU defended artists and musicians against censorship. It supported the rap group 2 Live Crew when they were prosecuted on obscenity charges in 1990, and fought the Reagan Administration’s attempts to deny grants to artists with controversial works (the NEA funding controversies). The ACLU’s consistent stance was that artistic expression and offensive speech fall under First Amendment protection.
Religion in Schools: A noteworthy win came in Wallace v. Jaffree (1985), where the ACLU helped challenge an Alabama law mandating a moment of silence for “meditation or voluntary prayer” in schools. The Supreme Court struck it down as an endorsement of religion, bolstering the separation of church and state.
LGBTQ+ Rights Emergence: The ACLU’s work on LGBTQ+ rights, which began quietly in the 1960s, grew more prominent by the 1980s and 90s:
1986 (Bowers v. Hardwick): The ACLU represented Michael Hardwick in a challenge to Georgia’s law criminalizing consensual gay intimacy. Disappointingly, the Supreme Court (in a sharply divided ruling) upheld the sodomy law, a setback for gay rights. The ACLU’s loss in Bowers galvanized greater advocacy; it spent the next 17 years working to overturn that precedent. (Indeed, in 2003 Bowers was reversed by Lawrence v. Texas – a case argued on ACLU’s reasoning; see below.) (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union)
1992 (Gay Rights in the Boy Scouts): The ACLU took on the Boy Scouts of America for excluding gay scouts and troop leaders. This led to Boy Scouts of America v. Dale (decided in 2000), where the Supreme Court ultimately sided against the ACLU’s client (James Dale), ruling the Scouts had a First Amendment associational right to exclude gay members. Although a loss, the case drew national attention to LGBTQ discrimination.
Throughout the 90s, ACLU affiliates won some state-level victories: overturning sodomy laws in state courts, defending LGBTQ students’ rights in schools, and laying groundwork for future marriage equality litigation. By 1998, the ACLU had an LGBT Project actively fighting for equal rights and HIV/AIDS anti-discrimination.
Privacy, Surveillance, and Technology: The digital revolution introduced new civil liberties issues:
1970s–1980s Surveillance: In the aftermath of Watergate, the ACLU helped push for the Foreign Intelligence Surveillance Act (FISA) of 1978, creating a court to approve national security wiretaps. The ACLU then monitored and frequently challenged government surveillance programs. In the 1980s, it opposed the Reagan Administration’s expansive use of National Security Letters (secret subpoenas) and other surveillance tactics.
1990s Internet Free Speech – Reno v. ACLU (1997): As the internet age dawned, the ACLU took a leading role in protecting online speech. In 1996, Congress passed the Communications Decency Act (CDA) to criminalize “indecent” online content. The ACLU filed suit on behalf of web users and providers. In Reno v. ACLU, the Supreme Court struck down the CDA’s indecency provisions as unconstitutional, marking the first major ruling on free speech in cyberspace (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union). This victory ensured that the internet would enjoy broad First Amendment protections. In subsequent years, the ACLU successfully challenged similar laws like the Child Online Protection Act, repeatedly defending the principle that online speech merits full constitutional protection (ACLU History | American Civil Liberties Union).
Data Privacy: In 1990, the ACLU helped achieve passage of the Video Privacy Protection Act after a Supreme Court nominee’s video rental records were leaked. It also fought workplace drug testing and DMV record sales. By the late 90s, issues of electronic privacy (email, encryption, etc.) were on the ACLU’s radar, setting the stage for post-9/11 battles.
Reproductive Rights and Women’s Equality: After Roe, the ACLU fought to preserve abortion rights in the face of backlash:
It litigated against restrictive state abortion laws. In Planned Parenthood v. Casey (1992), the ACLU joined other groups in arguing against Pennsylvania’s restrictions. The Court’s ruling modified Roe but crucially upheld the core right to choose – a partial victory that kept abortion legal but allowed more state regulation.
The ACLU’s Reproductive Freedom Project (founded 1974) continued to challenge mandatory waiting periods, parental consent laws, and bans on certain procedures. For instance, the ACLU was involved in Stenberg v. Carhart (2000), where the Court struck down a Nebraska ban on so-called “partial-birth abortion” for lacking health exceptions. (This would later be revisited.)
On women’s equality, the ACLU backed the Equal Rights Amendment (ERA) movement in the ’70s (though it ultimately fell short of ratification). It also took on cases of sex discrimination in employment, education (like enforcing Title IX), and athletics.
Criminal Justice and the Death Penalty: The ACLU became a leading opponent of the death penalty, which resumed in the late 1970s. It intervened in numerous capital cases, arguing issues like racial bias in sentencing and inadequate counsel. In McCleskey v. Kemp (1987), the ACLU supported a challenge to Georgia’s death penalty based on racial disparities; the Court narrowly rejected the claim, a major defeat. Nonetheless, the ACLU maintained campaigns against capital punishment and for prison reform, highlighting injustices in the criminal justice system.
Public Perception in the 1980s–90s: During this period, the ACLU was both vilified and celebrated in politics. A famous example came in the 1988 presidential race when Republican candidate George H.W. Bush attacked Democrat Michael Dukakis for being a “card-carrying member of the ACLU” – implying the ACLU was out of the mainstream. The ACLU embraced the label and even ran ads proudly affirming it defended the Constitution. By the 1990s, the phrase “card-carrying member of the ACLU” became a badge of honor for supporters, even as opponents continued to use “ACLU” as shorthand for “too liberal” or “soft on crime.” Despite the criticism, the ACLU’s membership grew and it remained a potent legal force. In fact, by the year 2000, the ACLU’s membership hovered around 300,000 and it had offices in every state (American Civil Liberties Union - Wikipedia).
Post-9/11 Challenges and the 21st Century (2000s)
The terrorist attacks of September 11, 2001 ushered in a new era of national security concerns. The U.S. government enacted far-reaching anti-terrorism measures, and the ACLU emerged as a leading critic when those measures infringed on civil liberties. In the 2000s and beyond, the ACLU also took on newly prominent issues like LGBTQ+ marriage rights, digital surveillance, immigrants’ rights, and racial justice in policing. The post-9/11 period saw the ACLU’s profile (and membership) rise dramatically, even as debates intensified over its stances.
Response to 9/11 and the “War on Terror”: Immediately after 9/11, the ACLU warned against sacrificing fundamental freedoms for security. It opposed key provisions of the USA PATRIOT Act of 2001, which expanded government surveillance, detention, and secrecy powers (American Civil Liberties Union | The First Amendment Encyclopedia). The ACLU argued that many Patriot Act provisions violated the First and Fourth Amendments (American Civil Liberties Union | The First Amendment Encyclopedia). Notable efforts:
Challenging Surveillance: The ACLU filed lawsuits to contest the Patriot Act’s allowance of secret searches and warrantless wiretaps. In ACLU v. NSA (2006), it sued over the Bush administration’s warrantless eavesdropping program that had been exposed, arguing it violated FISA and the Constitution (American Civil Liberties Union | The First Amendment Encyclopedia). A federal court agreed with the ACLU, declaring the program unconstitutional, though the case was later dismissed on appeal for lack of standing. The ACLU also brought to light the FBI’s abuse of National Security Letters (NSLs) that gagged recipients from speaking out; in one case, the ACLU represented an anonymous “John Doe” (an internet provider) who successfully challenged an NSL gag order as unconstitutional.
Opposing Detentions and Torture: The ACLU fought the indefinite detention of suspects without charge. It filed amicus briefs in Rasul v. Bush (2004), where the Supreme Court held Guantánamo Bay detainees have the right to challenge their detention in U.S. courts, and in Hamdi v. Rumsfeld (2004), which affirmed due process rights for U.S. citizens detained as enemy combatants. The ACLU also led a relentless campaign to expose U.S. torture and abuse of detainees. Through a landmark Freedom of Information Act lawsuit, the ACLU obtained and released previously secret documents – including the notorious “torture memos” and Defense Department records – that detailed CIA waterboarding and military prisoner abuse (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union). This multi-year effort (2003–2009) brought dark practices to light and fueled calls for accountability (ACLU History | American Civil Liberties Union).
FISA Court and NSA Spying: After the 2013 Edward Snowden revelations of mass surveillance, the ACLU filed ACLU v. Clapper, challenging the NSA’s bulk collection of Americans’ phone records. In 2015, a federal appeals court ruled that the NSA’s telephone metadata program exceeded what Congress had authorized (ACLU History | American Civil Liberties Union). Although the case didn’t reach the Supreme Court, it helped build pressure that led to the USA Freedom Act (2015) and the curtailment of bulk data collection. The ACLU has since continued to challenge other forms of mass surveillance and to advocate for stronger privacy protections in the digital age.
LGBTQ+ Rights Breakthroughs: The 2000s and 2010s saw a revolution in gay rights, and the ACLU was instrumental in many milestones:
2003 (Lawrence v. Texas): In a historic reversal of Bowers, the Supreme Court struck down Texas’s sodomy law, ruling that adults have a right to private, consensual intimacy. The ACLU submitted key arguments (as amicus) urging the Court to overturn Bowers, which the Court did (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union). This decision, Lawrence, not only nullified sodomy laws nationwide but also recognized the dignity of same-sex relationships, laying groundwork for future marriage rights.
Marriage Equality: The ACLU championed marriage equality through litigation and advocacy. It won court victories in states like Iowa and Connecticut in the late 2000s. Notably, the ACLU represented Edie Windsor in United States v. Windsor (2013) – the Supreme Court case that struck down the federal Defense of Marriage Act (DOMA) (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union). The Court ruled the federal government cannot refuse to recognize same-sex marriages, a tipping point in the fight for marriage equality (ACLU History | American Civil Liberties Union). The ACLU also contributed to Obergefell v. Hodges (2015), the case that finally made same-sex marriage legal in all 50 states, by representing couples in some of the consolidated cases and filing amicus briefs.
Transgender Rights: In the 2010s, the ACLU took on high-profile transgender rights cases. For example, it represented Gavin Grimm, a transgender student in Virginia who sued for the right to use the boys’ restroom (Grimm’s case led to a positive appellate ruling and eventual settlement). The ACLU also fought Trump administration policies banning transgender individuals from military service, succeeding in securing temporary injunctions and contributing to the eventual reversal of those bans.
Workplace Discrimination – Bostock v. Clayton County (2020): The ACLU represented two plaintiffs, Aimee Stephens and Don Zarda, in a set of cases asking whether Title VII (the federal job discrimination law) protects LGBTQ employees. In 2020, the Supreme Court ruled that firing someone for being gay or transgender is sex discrimination, thus extending federal job protections to LGBTQ workers (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union). This was a major civil rights victory, and the ACLU’s clients were at the heart of it.
Immigrants’ Rights and Racial Justice: The ACLU’s focus further extended to immigrants and policing issues:
Immigration: The ACLU has long defended immigrants’ due process rights, but these efforts amplified in the 2000s. It challenged policies like prolonged immigration detention without hearings, racial profiling in immigration enforcement, and post-9/11 roundups of Muslim and Arab immigrants. In 2010, the ACLU sued to block Arizona’s SB 1070 (“show me your papers” law) (History of the ACLU | ACLU of San Diego and Imperial Counties | The ACLU of San Diego and Imperial Counties fights for individual rights and fundamental freedoms for all.), leading to the Supreme Court striking down major parts of that law as unconstitutional in 2012.
Post-9/11 Discrimination: The ACLU sued on behalf of Muslim communities facing surveillance and entrapment by law enforcement, and represented individuals placed on “no-fly lists” with no due process. Some of these challenges led the government to quietly settle or tweak policies.
Policing and Criminal Justice: High-profile cases of police misconduct and racial bias in policing also drew ACLU action. The ACLU was involved in stop-and-frisk litigation in New York (which led to a court ruling that NYPD’s practices were unconstitutional in 2013). It also launched campaigns for body cameras, against debtors’ prisons, and to reform juvenile justice. In the wake of the Ferguson unrest (2014) and the rise of the Black Lives Matter movement, the ACLU increased its efforts to curb police militarization and expand police accountability.
ACLU vs. the Trump Administration (2017–2021): The election of President Donald Trump in 2016 prompted an outpouring of support for the ACLU and a flurry of legal challenges:
Travel Ban: Within days of Trump’s inauguration in January 2017, he issued an executive order banning entry from several Muslim-majority countries. The ACLU immediately filed lawsuits (e.g., IRAP v. Trump) and obtained injunctions halting the ban’s implementation. While a later version of the ban was upheld by the Supreme Court in Trump v. Hawaii (2018), the ACLU succeeded in helping thousands of travelers initially and kept public attention on the issue of religious discrimination.
Family Separation: In 2018, the Trump administration’s zero-tolerance policy led to thousands of migrant children being separated from parents at the border. The ACLU sued (Ms. L. v. ICE) and won a court order forcing the government to reunite families. This lawsuit effectively ended the large-scale family separation practice, as the judge required reunifications and regular status reports.
Immigrant Rights: The ACLU fought the administration on multiple fronts—challenging the cancellation of DACA (Deferred Action for Childhood Arrivals) for Dreamers, fighting attempts to add a citizenship question to the 2020 Census (the Supreme Court blocked it as “contrived” in 2019, in a case the ACLU led (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union)), and opposing efforts to fast-track deportations without due process.
Muslim Rights: The ACLU won a Supreme Court case in 2020 (Tanvir v. Tanzin) that allowed Muslim Americans placed on the no-fly list for refusing FBI informant roles to sue government agents for damages.
LGBTQ and Civil Rights: The ACLU represented a gay couple in the Masterpiece Cakeshop v. Colorado case (2018), defending a state civil rights commission’s sanction on a baker who refused to sell a wedding cake to the couple. The Supreme Court ruled narrowly for the baker, citing specific bias by the state commission, but crucially did not create a broad right for businesses to discriminate (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union). The ACLU highlighted that basic non-discrimination principles were preserved (ACLU History | American Civil Liberties Union).
Reproductive Rights: Anticipating challenges to Roe, the ACLU battled new state abortion restrictions. It succeeded in blocking many in lower courts and helped litigate June Medical Services v. Russo (2020), where the Supreme Court struck down a Louisiana abortion law similar to one previously deemed unconstitutional.
Protest and Free Speech: Even as it opposed most of Trump’s agenda, the ACLU did not abandon its traditional free speech role. It defended the rights of Charlottesville alt-right protesters in 2017 to hold a rally – a stance that drew criticism after the rally turned violent. This incident spurred internal reflection and new guidelines in 2018 on case selection, advising the ACLU to weigh the potential harms of representing certain speakers (like those who openly carry firearms to protests) (American Civil Liberties Union | The First Amendment Encyclopedia). Some saw this as a shift from the absolutism of the Skokie days, illustrating an ongoing tension between safety and speech in ACLU’s mission.
The Trump era dramatically boosted the ACLU’s public profile. The organization’s membership quadrupled from around 400,000 to 1.8 million supporters in just a few years (ACLU Supporters Contribute $482 Million in Political Giving to Both Parties | American Civil Liberties Union) (ACLU Supporters Contribute $482 Million in Political Giving to Both Parties | American Civil Liberties Union). Fundraising surged, and the ACLU became a key institutional counterweight on issues from voting rights to immigrant justice. In a reversal of fortune, being a “card-carrying member of the ACLU” became fashionable among many liberals; by 2020 ACLU supporters made up a significant share of political donors, reflecting newfound clout (ACLU Supporters Contribute $482 Million in Political Giving to Both Parties | American Civil Liberties Union) (ACLU Supporters Contribute $482 Million in Political Giving to Both Parties | American Civil Liberties Union).
Modern Era and Ongoing Work (2020s)
As the ACLU entered its second century (celebrating its 100th anniversary in 2020), it continues to evolve with America’s civil liberties landscape. Some current and ongoing focus areas include:
Voting Rights: The ACLU has intensified efforts against voter suppression. It has challenged restrictive voter ID laws, purges of voter rolls, partisan gerrymandering, and burdens on mail-in voting. In 2020, as the COVID-19 pandemic raised concerns about voting access, the ACLU filed numerous lawsuits to ensure people could vote safely (e.g., expanding absentee ballot access). It also fights disenfranchisement of former felons and was instrumental in Florida’s 2018 ballot initiative restoring voting rights to 1.4 million people with past convictions.
Racial Justice: Following nationwide protests in 2020 over police killings of Black Americans, the ACLU pushed for policing reforms and supported the rights of protesters. It continues to tackle systemic racism in criminal justice, from cash bail to drug laws. For example, ACLU lawsuits have targeted unconstitutional police practices and excessive force in cities across the country.
Reproductive Rights After Roe: With the Supreme Court’s overturning of Roe v. Wade in 2022, the ACLU has shifted to defending abortion access at the state level. It has launched legal challenges against state abortion bans and “heartbeat” laws, and is campaigning for state constitutional protections for reproductive freedom. This represents a new phase in a decades-long fight that the ACLU has been central to.
Digital Age Privacy: The ACLU is at the forefront of confronting issues like facial recognition technology, DNA databases, and online speech moderation. In 2018, it notched a win in Carpenter v. United States, where the Supreme Court agreed with ACLU lawyers that police must get a warrant to obtain cellphone location data, a major victory for digital privacy rights (ACLU History | American Civil Liberties Union). The ACLU is building on this precedent to argue for privacy in other digital data (like smart devices, GPS trackers, etc.). It also monitors government use of AI surveillance and advocates for privacy legislation.
Emerging Civil Liberties Issues: The ACLU’s agenda now includes transgender rights (fighting anti-trans laws in healthcare and sports), students’ rights in the social media era (it won Mahanoy Area School District v. B.L. in 2021, protecting a student’s off-campus Snapchat post as free speech (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union)), immigrants’ rights (e.g., opposing new asylum restrictions), and pandemic-related civil liberties (such as guarding against overbroad emergency powers or surveillance justified by public health).
The ACLU of today is a far-reaching network with affiliates in all 50 states, Washington D.C., and Puerto Rico (American Civil Liberties Union - Wikipedia). It has over 1.7 million members (as of 2024) (American Civil Liberties Union - Wikipedia) and hundreds of staff attorneys, plus thousands more volunteer attorneys (American Civil Liberties Union - Wikipedia) (ACLU History | American Civil Liberties Union). According to the ACLU itself, it has participated in more Supreme Court cases than any other private organization in U.S. history (ACLU History | American Civil Liberties Union) – a testament to its century-long presence in the courtroom fights over civil liberties.
Controversies and Public Perception
Throughout its history, the ACLU has drawn fire from all sides of the political spectrum, a perhaps inevitable result of its principled stands on hot-button issues. Some of the most noteworthy controversies and shifts in perception include:
Defending Unpopular Speakers: The ACLU’s willingness to defend the rights of extremist or unpopular groups – communists, Nazis, Klansmen, flag-burners, pornography publishers, Westboro Baptist Church protesters, etc. – has been a flashpoint. Supporters hail this as the ultimate commitment to freedom for all, while critics accuse the ACLU of enabling hate or immorality. The Skokie Nazi march defense (1977) is the classic example, provoking a membership exodus and public outcry (ACLU History | American Civil Liberties Union). Similarly, ACLU defenses of KKK rally rights or of flag desecrators were condemned by many conservatives and patriots (American Civil Liberties Union | The First Amendment Encyclopedia). The ACLU’s stance is that defending someone’s right is not an endorsement of their views (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union) – a distinction it has had to explain repeatedly to the public.
Accusations of Partisanship: Though officially nonpartisan, the ACLU often finds itself at odds with the agenda of conservative politicians. Republican figures from the 1950s onward frequently painted the ACLU as a left-wing or subversive entity. The “card-carrying member of the ACLU” attack in 1988 is one famous instance. In the early 2000s, right-leaning critics labeled the ACLU as anti-religion (for opposing school prayer and Ten Commandments displays) and anti-security (for fighting the Patriot Act). Conversely, in recent years, a few on the left have complained the ACLU can go too far in defending hate speech or gun rights. The ACLU’s increasing involvement in issues championed by progressives – like LGBTQ+ rights, racial justice, and opposition to Trump-era policies – has solidified its image as a liberal bastion in many minds. Yet, the ACLU still insists it is principled rather than partisan, noting it has fought presidents of both parties when they infringed civil liberties (from FDR’s internment order to Trump’s travel ban).
Shifts in Emphasis: Over time, the ACLU’s priorities have shifted, leading to debate over its core mission. In its first decades, free speech was front and center; in the 1960s–70s, racial justice and due process were added; by the 2000s, the ACLU was also heavily invested in equality for women and LGBTQ+ persons, privacy in the digital realm, and more. This broadening agenda sometimes means the ACLU balances competing values – for instance, in the late 2010s, some internal dissent arose on whether hate speech should always be defended or whether the ACLU should sometimes decline such cases to focus on protecting vulnerable communities. In 2018, the ACLU adopted new internal guidelines suggesting that when considering defending speech, attorneys should weigh factors like the potential harm the speech may cause and whether the speaker intends to provoke violence (American Civil Liberties Union | The First Amendment Encyclopedia). While the ACLU denied it was abandoning free speech, critics saw this as a tilt away from the absolutist approach epitomized by the Skokie case. The organization’s leadership argues that all rights must be considered in context – a nuanced position that continues to evolve.
Public Support: The ACLU’s popularity has ebbed and flowed. In crisis periods (like McCarthyism or post-9/11), it often took unpopular stands, and membership fell or stagnated. But at other times, events have swung support its way. After 9/11 and especially during the Trump administration, the ACLU gained massive public support and donations, seen as a champion of civil liberties under threat (American Civil Liberties Union | The First Amendment Encyclopedia) (ACLU Supporters Contribute $482 Million in Political Giving to Both Parties | American Civil Liberties Union). This indicates that public perception can shift: what was once a smear (ACLU membership) is now proudly advertised by millions. The ACLU’s challenge is to maintain its principles and nonpartisan credibility amid an increasingly polarized society.
Despite controversies, the ACLU has become an enduring fixture of American civic life. Former Supreme Court Justice William Brennan once said, “The ACLU has stood on the ramparts of freedom for so long that its presence is taken for granted”. The organization’s willingness to take heated criticism as a price of defending liberty is a defining trait.
Landmark Legal Cases and Outcomes Summary
Gitlow v. New York (1925)
Issue: Free speech (state law)
Outcome: Conviction upheld, but the Court held that the First Amendment applies to the states via the 14th Amendment. (Source: en.wikipedia.org)
Significance: Laid the foundation for the doctrine of incorporation, extending federal free-speech protections to state actions.
Scopes Trial (Scopes v. Tennessee) (1925)
Issue: Teaching evolution (academic freedom)
Outcome: Scopes was found guilty of violating the state ban on teaching evolution (verdict later overturned on a technicality).
Significance: Publicized the clash between science and anti-evolution laws and helped turn public opinion against such bans. The ACLU’s defense cemented its reputation for defending intellectual freedom. (Source: aclu.org)
Near v. Minnesota (1931)
Issue: Free press & prior restraint
Outcome: Supreme Court struck down Minnesota’s “gag law” against a newspaper.
Significance: Established that prior restraints on publication are almost always unconstitutional, a foundational press-freedom ruling.
Powell v. Alabama (Scottsboro Boys) (1932)
Issue: Right to counsel (capital cases)
Outcome: Convictions of several Scottsboro Boys were overturned due to lack of adequate counsel. (Source: britannica.com)
Significance: First Supreme Court recognition that indigent defendants in capital cases must be provided counsel, paving the way for broader right-to-counsel decisions.
West Virginia State Board of Education v. Barnette (1943)
Issue: Compelled patriotism (flag salute)
Outcome: SCOTUS ruled that schoolchildren cannot be forced to salute the flag or recite the Pledge. (Source: firstamendment.mtsu.edu)
Significance: Landmark affirmation of freedom of speech and religion, overruling a prior decision and establishing that government may not coerce ideological conformity.
Korematsu v. United States (1944)
Issue: Japanese American internment
Outcome: Supreme Court upheld the wartime internment of Japanese Americans.
Significance: A civil-liberties defeat now viewed as a grave injustice. The ACLU’s opposition stands as a principled—even if unsuccessful—stance. (Effectively repudiated in 2018.)
Brown v. Board of Education (1954)
Issue: Racial segregation in schools
Outcome: Unanimous decision declaring segregated public schools unconstitutional. (Source: aclu.org)
Significance: Overturned Plessy v. Ferguson; catalyzed the Civil Rights Movement and underscored the civil-liberties/civil-rights alliance.
Engel v. Vitale (1962)
Issue: School prayer (Establishment Clause)
Outcome: School-sponsored prayer in public schools ruled unconstitutional. (Source: britannica.com)
Significance: Major reinforcement of church-state separation; ACLU supported the parents challenging mandatory prayer.
Gideon v. Wainwright (1963)
Issue: Right to counsel (felonies)
Outcome: States must provide attorneys to criminal defendants who cannot afford one. (Source: britannica.com)
Significance: Incorporated the Sixth Amendment right to counsel against the states, vastly expanding fair-trial protections.
Loving v. Virginia (1967)
Issue: Interracial marriage bans
Outcome: Struck down all state laws prohibiting interracial marriage. (Source: firstamendment.mtsu.edu)
Significance: Ended race-based legal marriage restrictions nationwide; ACLU attorneys directly represented the Lovings.
Brandenburg v. Ohio (1969)
Issue: Incitement & hate speech
Outcome: Overturned a KKK leader’s conviction; established the “imminent lawless action” test for incitement. (Source: firstamendment.mtsu.edu)
Significance: Strongly protected inflammatory speech; ACLU’s defense defined modern incitement standards.
Tinker v. Des Moines (1969)
Issue: Student free speech
Outcome: Students suspended for anti-war armbands were vindicated. (Source: aclu.org)
Significance: Students retain First Amendment rights in school so long as expression doesn’t substantially disrupt.
Reed v. Reed (1971)
Issue: Gender discrimination
Outcome: Invalidated a law preferring men over women as estate executors. (Source: en.wikipedia.org)
Significance: First application of Equal Protection to strike down gender bias; launched constitutional women’s-rights jurisprudence.
Roe v. Wade / Doe v. Bolton (1973)
Issue: Abortion rights (privacy)
Outcome: Declared abortion a fundamental privacy right, striking down many state bans. (Source: aclu.org)
Significance: Legalized abortion nationwide (until 2022); landmark victory after years of ACLU effort.
National Socialist Party of America v. Skokie (1978)
Issue: Hate-group marching permit (speech/assembly)
Outcome: Courts allowed a neo-Nazi march in Skokie, IL despite objections. (Source: aclu.org)
Significance: Iconic defense of content neutrality, demonstrating principled First Amendment protection.
Bowers v. Hardwick (1986)
Issue: Gay-rights sodomy laws
Outcome: Upheld Georgia’s ban on same-sex intimate conduct.
Significance: Major setback for LGBTQ rights; set the stage for the fight that led to Lawrence v. Texas in 2003.
Texas v. Johnson (1989)
Issue: Flag burning (free expression)
Outcome: Invalidated laws against flag desecration as protected speech. (Source: firstamendment.mtsu.edu)
Significance: Affirmed protection of provocative political dissent.
Planned Parenthood v. Casey (1992)
Issue: Abortion rights (undue burden)
Outcome: Reaffirmed Roe’s core holding but allowed restrictions not posing an “undue burden.”
Significance: Kept Roe alive while opening the door to more state regulation.
Reno v. ACLU (1997)
Issue: Internet free speech
Outcome: Struck down indecency provisions of the Communications Decency Act. (Source: aclu.org)
Significance: First major internet-speech case, ensuring online speech protections.
Lawrence v. Texas (2003)
Issue: Gay-rights sodomy laws
Outcome: Overturned Bowers; invalidated all remaining sodomy laws. (Source: aclu.org)
Significance: Landmark privacy and equality victory for LGBTQ rights.
Hamdi v. Rumsfeld / Rasul v. Bush (2004)
Issue: Detention of War on Terror suspects
Outcome: Affirmed due-process rights for enemy combatants and Guantánamo detainees’ access to U.S. courts.
Significance: Reined in executive power; partial vindication of ACLU’s due-process arguments.
Ashcroft v. ACLU (2004)
Issue: Internet content – COPA law
Outcome: Block on enforcement of the Child Online Protection Act upheld as likely unconstitutional.
Significance: Another victory for online free speech, following CDA battles.
Kitzmiller v. Dover (2005)
Issue: Teaching “Intelligent Design”
Outcome: Finding that ID in public-school biology violates the Establishment Clause. (Source: aclu.org)
Significance: Decisive blow against creationism in schools (“Scopes II”).
Boumediene v. Bush (2008)
Issue: Habeas corpus for detainees
Outcome: Guantánamo prisoners granted the right to file habeas petitions in U.S. courts.
Significance: Major rule-of-law win; ACLU filed amicus briefs in support.
Snyder v. Phelps (2011)
Issue: Offensive protest speech
Outcome: Westboro Baptist Church’s funeral picketing upheld.
Significance: Affirmed protection for even the most offensive public-issue speech.
U.S. v. Windsor (2013)
Issue: LGBTQ rights – DOMA
Outcome: Struck down the Defense of Marriage Act; federal recognition of same-sex marriages required. (Source: aclu.org)
Significance: Pivotal marriage-equality moment, accelerating nationwide recognition.
Obergefell v. Hodges (2015)
Issue: Same-sex marriage
Outcome: Fundamental right to marry for same-sex couples in all states.
Significance: Culmination of decades of LGBTQ-rights work.
Carpenter v. United States (2018)
Issue: Digital privacy (cell-site data)
Outcome: Government must obtain a warrant to access historical cell-site location info. (Source: aclu.org)
Significance: Groundbreaking Fourth Amendment extension into the digital age.
Trump v. Hawaii (2018)
Issue: Travel ban (immigration, religion)
Outcome: Upheld the third version of the Trump travel ban.
Significance: Disappointing to civil-rights groups; fight galvanized public opposition.
Bostock v. Clayton County (2020)
Issue: LGBTQ rights – employment
Outcome: Title VII prohibits firing employees for being gay or transgender. (Source: aclu.org)
Significance: Established nationwide workplace protections for LGBTQ people.
Dobbs v. Jackson Women’s Health Organization (2022)
Issue: Abortion (overturning Roe)
Outcome: Overturned Roe v. Wade, eliminating the federal constitutional right to abortion.
Significance: Major setback for reproductive freedom; ACLU immediately pivoted to fight state bans.
Conclusion
From a small group of idealists meeting in 1920 amid the Palmer Raids to a nationwide institution at the center of virtually every major civil liberties battle, the ACLU’s history mirrors the evolution of American freedom. Across different eras, the organization has remained committed to the principle that “a right lost to one is lost to all” (History of the ACLU | ACLU of San Diego and Imperial Counties | The ACLU of San Diego and Imperial Counties fights for individual rights and fundamental freedoms for all.). Whether defending labor activists, religious minorities, racial justice fighters, war protesters, or even despised hate groups, the ACLU’s stance has been that the Constitution applies to everyone, and especially to those on the margins or in the minority.
The ACLU has had significant successes: it helped establish fundamental rights we now take for granted (free speech protections, right to counsel, interracial marriage, marriage equality, etc.), and it has helped check government overreach in times of fear (from McCarthyism to the war on terror). It has also faced defeats and controversies that tested its resolve – yet those instances often became lessons that strengthened the civil liberties framework in the long run (for example, Korematsu’s legacy shaping vigilance against racial scapegoating, or Bowers sowing the seeds for Lawrence). Over 100+ years, the ACLU’s focus areas have expanded from a near-singular emphasis on speech to a broad portfolio including racial equality, gender equality, LGBTQ+ rights, immigrants’ rights, privacy, voting rights, and more – essentially, any issue where individual rights are at stake.
In American society, the ACLU’s role remains unique: it is often the first line of defense in the courts for constitutional rights, regardless of the popularity of the cause. Its work has significantly influenced public policy and legal doctrine. As the nation continues to wrestle with new challenges (from artificial intelligence surveillance to pandemics to new social justice movements), the ACLU’s historical legacy provides both inspiration and a playbook for how to respond. Few organizations have so consistently been “on the ramparts” of the fight for freedom (ACLU History | American Civil Liberties Union). The ACLU’s history thus not only tells the story of one organization but also reflects the ongoing story of America’s commitment to liberty and justice for all.
Sources:
American Civil Liberties Union – Official ACLU historical highlights and timeline (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union) (ACLU History | American Civil Liberties Union).
First Amendment Encyclopedia (Middle Tennessee State University) – Article on ACLU history and First Amendment cases (American Civil Liberties Union | The First Amendment Encyclopedia) (American Civil Liberties Union | The First Amendment Encyclopedia) (American Civil Liberties Union | The First Amendment Encyclopedia).
Britannica – American Civil Liberties Union entry, background and notable cases (American Civil Liberties Union (ACLU) | Britannica) (American Civil Liberties Union (ACLU) | Britannica) (American Civil Liberties Union (ACLU) | Britannica).
Wikipedia – History of the ACLU and ACLU pages for specific events and founder information (American Civil Liberties Union - Wikipedia) (History of the American Civil Liberties Union - Wikipedia).
ACLU Press Release (2020) – Data on ACLU membership growth and political influence (ACLU Supporters Contribute $482 Million in Political Giving to Both Parties | American Civil Liberties Union) (ACLU Supporters Contribute $482 Million in Political Giving to Both Parties | American Civil Liberties Union).
Oyez & Legal Archives – Case summaries for landmark Supreme Court decisions (e.g., Brandenburg, Loving, Roe, Reno v. ACLU) (American Civil Liberties Union | The First Amendment Encyclopedia) (American Civil Liberties Union | The First Amendment Encyclopedia).
ACLU primary documents – e.g., FOIA releases on torture (ACLU History | American Civil Liberties Union) and court filings on surveillance and travel ban cases, for context on advocacy efforts.