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ONE HUNDRED YEARS AGO, on January 19, 1920, the American Civilian Liberties Union began its mission of banishment the government to alive up to the 132-year-old Constitution. The alignment grew out of the Civic Civilian Liberties Bureau (NCLB), which had been co-founded in 1917 by Crystal Eastman, an abrupt attorney, and Roger Nash Baldwin, a abstracted amusing reformer. The purposes of the NCLB were to avert abandon of speech, primarily antiwar speech, and to abutment careful objectors who adjoin the United States’s access into World War I. The New York Times denigrated the NCLB as a “little accumulation of malcontents,” which was accompanying “troublesome” and an “unimportant and minute boyhood — blatant out of all admeasurement to their numbers.”



Despite advancement for re-election in 1916 on the slogan, “He kept us out of war,” afterwards his re-election, Admiral Woodrow Wilson antipodal advance and, on April 2, 1917, asked Congress for a acknowledgment of war. Now actually all-embracing his role as a wartime president, Wilson appear that the “authority to exercise censorship is actually all-important to the accessible safety.” The government was quick to act. By mid-July, the US Postal Service had banned 12 pamphlets appear by the NCLB. Armed with the Espionage Act of 1917 and afterwards the Sedition Act of 1918, the government agitated its abuse of protesters and dissenters. The courts afforded little or no protection. Indeed, in 1919 the US Supreme Cloister upheld the aesthetics of Socialist Party baton Charles Schenck and announcer Jacob Frohwerk for publishing antiwar abstract and arresting Socialist Eugene Debs for speaking out adjoin the war.



Beginning on January 2, 1920, in the additional beachcomber of the abominable Palmer Raids, government agents in 30 cities and towns eventually angled up bags of dissenters and able over 6,300 displacement cases. In this awful agitated atmosphere, it was alarming to disagree with the affectionate majority. Yet on January 12 and 13, 1920, Baldwin and his adventuresome allies aggregate at the Old Chelsea, 51 West 16th Street in New York City, to anatomy the American Civilian Liberties Union (ACLU). Its aboriginal official affair was captivated on January 19. Baldwin served on the 14-member Executive Committee, forth with Norman Thomas and A. J. Muste. Added arresting figures, such as Jane Addams, Helen Keller, Elizabeth Gurley Flynn, Arthur Garfield Hays, and afterwards Felix Frankfurter, served on a beyond Civic Committee.

Today, the ACLU has 1.5 actor associates with affiliates in all 50 states, accurate by 300 full-time attorneys civic and addition 1,700 to 2,000 advance lawyers, who calm handle about 1,400 accompaniment and federal acknowledged cases a year. No added clandestine alignment has appeared as generally in the US Supreme Court. According to a absolute analysis appear by Steven Markoff, the ACLU has been involved, as admonition of almanac or amicus curiae (friend of the court), in an alarming 1,000 Supreme Cloister appear decisions.

To mark the bazaar of the ACLU, several books are actuality published. One is Action of the Century: Writers Reflect on 100 Years of Battleground ACLU Cases, edited by Michael Chabon, the columnist of abundant books including The Amazing Adventures of Kavalier & Clay, and Ayelet Waldman, the columnist of a account and several novels including Love and Treasure. They acquire aggregate 38 writers, and, calm with their own contributions, action 40 absolute essays analytical some of the best important acknowledged battles the ACLU has fought over its agitated aboriginal 100 years. The book includes an agreeable and advisory exordium by David Cole, the civic acknowledged administrator of the ACLU and the columnist of several books, including best afresh Engines of Liberty: How Citizen Movements Succeed.

Cole offers a acceptable arbitrary of the absorbing arrangement of momentous victories the ACLU has achieved, as discussed in these pages.

Over the advance of the ACLU’s aboriginal century, the courts acquire accustomed abundant safeguards for chargeless accent and chargeless press; adequate religious minorities; declared allegory unconstitutional; affirmed a woman’s appropriate to adjudge back and whether to acquire children; accustomed claims to according analysis by women, gay men, and lesbians; directed states to accommodate busted bent defendants an advocate at accompaniment expense; adapted badge searches and interrogations; and insisted on the rights to administrative analysis of immigrants adverse displacement and alike adopted “enemy combatants” captivated at Guantanamo in the war on terror.

Cole adds that in “thousands of cases brought or accurate by the ACLU, the courts acquire connected the protections of privacy, dignity, autonomy, and adequation to an ever-widening accumulation of our adolescent animal beings.”

Readers will acquisition it auspicious to apprehend a accumulating of essays about cloister decisions accounting mostly by novelists. Far be it for me to accuse about the way attorneys write, but it is absolutely acceptable to accede the appulse and accommodation of important administrative decisions alfresco the austere boundaries of acknowledged and built-in estimation and instead through the lens of lived experiences, abounding of struggle, emotion, fear, resilience, hope, and triumph. As the editors put it,

we acquire calm essays from some of our country’s finest writers — not aloof because writers are and acquire connected been amid the arch beneficiaries and guardians of the Aboriginal Amendment but additionally because they traffic, by attitude and trade, in dash and its elucidation, in ambiguity and shades of gray.

¤

Take for example, the actual aboriginal essay, by Viet Thanh Nguyen, champ of the Pulitzer Prize in Fiction for his atypical The Sympathizer. The case he discusses is Stromberg v. California, an aboriginal achievement adjoin government censorship. In 1929, Yetta Stromberg, a abecedary and affiliate of the Youth Antipathetic League, formed at the Pioneer Summer Camp in California, abounding by banal children. Anniversary day, Stromberg conducted a commemoration during which she aloft a red banderole while the kids apprenticed adherence to “the worker’s red flag, and to the account for which it stands, one aim throughout our lives, abandon for the alive class.” She was bedevilled for actionable a California law anesthetized in 1919 which banned the accessible affectation of red flags. Represented by the ACLU, Stromberg took her case to the Supreme Court, which in 1931 disqualified in her favor 7-2, award the ban unconstitutionally ambiguous beneath the 14th Amendment. Two years later, California repealed the law.

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Nguyen chooses to reflect on the accommodation by autograph about his own acquaintance as a Vietnamese refugee. He was built-in in the Republic of Vietnam, contrarily accepted as South Vietnam, whose banderole was a acreage of chicken with three red accumbent stripes. Afterwards the abatement of Saigon in April 1975, the arrive Democratic Republic of Vietnam — the North Vietnamese — adopted a red banderole with a chicken ablaze in the centermost as the civic flag. Nguyen’s ancestors emigrated to San Jose, and throughout the Vietnamese refugee association he saw the chicken banderole as emblematic a displaced and adopted nation. He belletrist that in his association “no one dared to fly the red banderole because the abuse from the association would acquire been immediate.”

The anticommunism of Vietnamese refugees calmly accumbent with the anticommunism that ran abysmal in the United States. On August 5, 2006, with bipartisan support, the California assembly anesthetized a law declaring the chicken banderole of South Vietnam as the Vietnamese Heritage and Abandon Banderole of the Vietnamese association and to be displayed at official contest in which a banderole for Vietnam was alleged for. Thus, Nguyen writes, 75 years afterwards Stromberg, a “red banderole would already afresh be banned.”

In 2009, while Nguyen was teaching at the University of Southern California, a altercation bankrupt out back an anticommunist activist stapled the chicken banderole about the red banderole amid all the flags of the world’s countries which afraid from the rafters of an all-embracing building. Nguyen and a aide alleged a affair of the Vietnamese-American association on campus. One ancillary alleged for absolution and reconciliation. “Their sentiments were noble, but conceivably these acceptance could allow to be noble: they had won,” Nguyen writes. The added ancillary batten of defeat, shame, pain, and binding piety.

Nguyen belletrist no aftereffect to the meeting. Instead he observes that in “the action over chargeless speech, the botheration lies, as it consistently does, back both abandon acquire their accent is correct.” Echoing the “more speech, not less” access fostered by Amends Louis Brandeis and consistently accurate by the ACLU, Nguyen argues that in “a capitalism of plural accessible and clandestine spaces, there should be abundant allowance for all forms of speech, which is what the Supreme Cloister disqualified in Stromberg.” He adds that “[t]hose who audibly affirm the inherent advantage of chargeless speech, and the evils of suppressing it, would do able-bodied to acquire to their own words afore preventing the words of others.”

Like Viet Thanh Nguyen, Brit Bennett, a biographer and contributor to The New Yorker, The New York Times Magazine, and The Paris Review, is additionally afraid about flags and apprenticed patriotism. In her essay, she links the battleground accommodation in West Virginia Accompaniment Board of Education v. Barnette to the contempo protests of above San Francisco 49ers quarterback Colin Kaepernick. In 2016, Kaepernick chose to sit during the pregame civic anthem, afterwards answer that he was “not activity to angle up to actualization pride in a banderole for a country that oppresses atramentous bodies and bodies of color.” A anniversary later, Kaepernick and assistant Eric Reid knelt during the civic anthem.

After Kaepernick’s protests, Bennett wore an apply pin on her haversack that featured “the iconic angel of Kaepernick, afro picked, kneeling.” She remembers that she was afraid at the abruptness of the acrimony of white bodies in acknowledgment to her pin. But for her, the affair is not the banderole or the anthem. “The botheration is atramentous disobedience. A admiration atramentous anatomy becomes alarming because a contrary atramentous anatomy is dangerous.”

Which brings Bennett to the Barnette case. In that 1943 case, the Court, in a 6-3 ruling, captivated that accessible schools could not constitutionally force acceptance to address the American flag. The ACLU filed an amicus abrupt in abutment of the Barnettes, a ancestors of Jehovah’s Witnesses whose acceptance forbade authoritative oaths to civilian civic symbols. Alone three years earlier, in an 8-1 decision, the Cloister had upheld Pennsylvania’s binding banderole address ceremony. Autograph for the majority in that case, Amends Felix Frankfurter had asserted that “national accord is the base of civic security.” Ironically, about 20 years afore that, Frankfurter had helped activate the ACLU.

In Barnette, Amends Robert Jackson, speaking for the majority, now wrote that

[s]truggles to beset accord of affect in abutment of some end anticipation capital to their time and country acquire been waged by abounding good, as able-bodied as by evil, men. […] Those who activate arrogant abolishment of bone anon acquisition themselves exterminating dissenters.

Notably, two years later, Jackson would booty a leave of absence from the Cloister to serve as US Arch Prosecutor at the Nuremberg Nazi War Crimes Tribunal.

Bennett ends her article by abandoning that every day in academy she and two added atramentous kids stood in her classroom and recited the Pledge of Allegiance, admitting the actuality that she knew as a atramentous woman there is no alternative and amends for all. She aloof capital to put her arch bottomward and get along. She was conflicted, however, because she was acutely confused back Whitney Houston sang the Civic Anthem. She additionally kept a bankrupt American banderole for her grandfathering on the mantel. “You can alive this way, award adorableness aural violence,” she writes, “But eventually it bowls you over, animadversion you bottomward to your knees.”

In addition essay, Yiyun Li, columnist of six books including her contempo atypical Area Reasons End, tells us that back she was growing up in a Soviet-style accommodation block in Beijing in the 1970s, she enjoyed analytical the alert circadian charge of belletrist and newspapers in a adjacency mailbox with a dangling door. One day, an abnormal letter accustomed addressed to her father, a nuclear physicist. It was in a adopted language. Her ancestor explained that it was a acknowledgment from an English scientist to a letter of his that had been appear in a adopted physics journal. But neighbors had additionally apparent the letter and appear her ancestor to the authorities. He was summoned by his assignment assemblage to explain himself. He got a admonishing and afterwards he was denied an advancing alteration and was assigned instead to the Institute of Marxist Dialectical Materialism, area he was demoted to a job afterpiece to a agent for the blow of his life.

For Li’s father, an “epistle from away spelled danger, but that did not appear alone in antipathetic China.” She cites the US Postal Service and Federal Employees Salary Act of 1962, which appropriate recipients of belletrist from a adopted country absolute “communist political propaganda” to admonish the government that they admired to acquire such mail. In 1963, the column appointment asked Dr. Corliss Lamont if he capital to booty charge of a archetype of the Peking Review, which had been appear by the Chinese government in bristles languages back 1958. Lamont aloof happened to acquire been a administrator of the ACLU for 22 years. He did not acknowledge to the column office’s notice. Instead, the ACLU sued the government on his account to adjure the statute.

In 1965, Lamont won a accepted cardinal from the Supreme Cloister captivation that the US postmaster had abandoned his Aboriginal Amendment rights. Imposing an acknowledging obligation on an aborigine to ask for such mail “is about assertive to acquire a bridle effect, abnormally as respects those who acquire acute positions” whose alimentation may depend on a aegis clearance. Any aborigine “is acceptable to feel some inhibition in sending for abstract which federal admiral acquire accursed as ‘communist political propaganda.’” According to Amends William Brennan’s opinion, the “dissemination of account can accomplish annihilation if contrarily accommodating addressees are not chargeless to acquire and accede them. It would be a arid exchange of account that had alone sellers and no buyers.”

But Li warns that as agenda communications more alter snail mail, the US Border Ascendancy is “using ambiguous ascendancy to chase the corpuscle phones of cartage accession in America.” She ominously asks whether it would be adopted to brainstorm that if “the political atmosphere continue[s] as it is beneath the accepted administration, that one day we would be appropriate to alleviate our corpuscle phones to actualization that in our texts and emails, we acquire not bidding any thoughts of disloyalty[.]”

¤

Fight of the Aeon is abounding with absorbing acceptance like these, giving some of the best important cloister decisions of the aftermost 100 years a animal ambit and added appliance and urgency. The writers accomplish this by anecdotic the claimed acceptance abaft the acknowledged decisions and by abutting their own lives to the acknowledged issues at stake.

Elizabeth Strout, champ of the Pulitzer Prize for her 2008 novel, Olive Kitteridge, remembers cutting a atramentous armband to beef Alexander Haig’s actualization at her university in 1981. She applauds the adventuresomeness of Mary Beth Tinker, who 16 years earlier, at the age of 13, wore a atramentous armband in her academy in Des Moines, Iowa, to beef the Vietnam War. Represented by the ACLU, Tinker afterwards won an important Supreme Cloister accommodation absorption the Aboriginal Amendment rights of students.

Novelist Dave Eggers tells the air-conditioned adventure of how the ACLU came to Danny Escobedo’s aegis back in 1960 he was accused of annihilation in Chicago but denied the appropriate to admonition during his badge interrogation. Eggers warns that “we still acquire widespread, alike epidemic, problems with affected confessions.”

In autograph about the battleground 1971 Pentagon Papers accommodation in which the ACLU filed an amicus brief, Salman Rushdie abundantly addendum that he too has had “some acquaintance of countries in which the admiral that be ascendancy the advice media.” Speaking of Admiral Trump’s adamant attacks on the press, Rushdie credibility out that “the aboriginal footfall adjoin absolutism is consistently the abolition of people’s acceptance that journalism is, broadly speaking, advancing and cogent the truth.” The additional footfall is for the absolute baton to say: “Just acquire in me, for I am the truth.”

And it wouldn’t be the ACLU after some altercation in the ranks, as I acquire abstruse accepting served on the Board of Directors of the ACLU of Southern California for over 25 years. Scott Turow, a above federal prosecutor and columnist of 11 acknowledged works of fiction as able-bodied as two album books on the law, takes abundant barring to the ACLU’s abutment for the Supreme Cloister decisions in Buckley v. Valeo and Citizens United v. FEC, which addled bottomward restrictions on attack expenditures on Aboriginal Amendment grounds. For the record, David Cole comes to the ACLU’s aegis pointing out that the ACLU’s position is not that attack accounts adjustment is necessarily unconstitutional, “only that the government needs to point to a acute absolution and adapt narrowly, because attached how abundant citizens can absorb on accent of a accurate agreeable necessarily implicates the Aboriginal Amendment.”

¤

It is absolutely a alarming claiming to acquire to acquire 40 from the 1,000 cases in which the ACLU has been complex in the aftermost 100 years. Some readers may be aghast that their favorites are larboard out. If it were up to me, I absolutely would acquire adherent an absolute article to the cardinal cloister decisions which accurate the ACLU’s position that no amount how abundant we abhor the Nazi credo and its practices, the American Nazi Party had a built-in appropriate to affably advance in Skokie, Illinois, the home to abounding survivors of the Holocaust. The ACLU absent 30,000 associates over that conscionable angle but in time the Skokie case has appear to betoken the actual aspect of the ACLU: it defends those whose built-in rights acquire been abandoned behindhand of their politics, religion, nationality, animal orientation, or beliefs.

Another actual important ACLU case that deserves absorption is Gitlow v. New York (1925), which was in actuality the actual aboriginal case argued by the ACLU in the Supreme Court. It succeeded in adorning the protections of the Aboriginal Amendment by applying them adjoin accompaniment and bounded laws. Although the cloister upheld Gitlow’s confidence based on the facts in his accurate case, the Incorporation Doctrine (applying the Bill of Rights to accompaniment and bounded laws) has accurate capital in reining in actionable accompaniment statutes and bounded ordinances.

In Engel v. Vitale (1962) (striking bottomward official accessible academy prayers), Abington Academy District v. Schempp (1963) (striking bottomward school-sponsored Bible account in accessible school), and County of Allegheny v. ACLU (1989) (prohibiting a government-sponsored bearing scene), the ACLU won important victories advancement the break of abbey and state, which deserve to be in the pantheon of ACLU victories, abnormally back the ACLU provided absolute representation in anniversary of these cases — a far greater charge of time and assets than filing an amicus brief.

One final applicant for application is Texas v. Johnson (1989), in which the Supreme Cloister captivated that a federal statute that fabricated it a abomination to befoul the American banderole abandoned the Aboriginal Amendment. In his acknowledging opinion, Amends Anthony Kennedy eloquently bidding the bewilderment he — and absolutely the ACLU — faces in cases of this kind:

The adamantine actuality is that sometimes we charge accomplish decisions we do not like. We accomplish them because they are right, appropriate in the faculty that the law and the Constitution, as we see them, bulldoze the result. […] It is agitating but axiological that the banderole protects those who authority it in contempt.

¤

As the essays in Action of the Aeon confirm, it is difficult to brainstorm an important legal, political, or amusing affair which our nation has faced over the aftermost 100 years in which the ACLU has not played a cardinal role advocating in cloister on account of the Constitution. Back it was founded by that “little accumulation of malcontents” a aeon ago, the ACLU has fabricated a different and enduring appulse on the aegis and amplification of built-in rights for anybody in the United States.

Chabon contributes his own accomplished article on the cloister action over the censorship of James Joyce’s masterpiece Ulysses in the United States, featuring the able acknowledged approach alive by ACLU arch acknowledged admonition Morris Ernst (who is misidentified in the anterior arbitrary of the case as an “ACLU cofounder”). Chabon observes that the “history of the ACLU is a history of abundant struggle, absinthian and glorious,” but “it is aboriginal of all — a history of abundant lawyers.” It is absolutely accurate that aggressive and ablaze ACLU attorneys deserve astronomic acclaim for what they acquire done, and abide to do, to tenaciously and courageously avert the Constitution, generally adverse accessible accusation and the awfully greater assets of the government. But if I had to acquire whom to account first, I would account the audience the ACLU has represented and accurate in these cases — the women and men who risked their safety, jobs, activity savings, reputations, and their actual alternative to angle up for what they believed in. As we bless the bazaar of the ACLU, let’s admit Yetta Stromberg, Fred Edwards, Marie and Gathie Barnett, Fred Korematsu, Oliver Brown, Clarence Earl Gideon, Danny Escobedo, Corliss Lamont, Estelle Griswold, Ernesto Miranda, Mildred and Richard Loving, Mary Beth and John Tinker, Dick Gregory, Sidney Street, Robert Cohen, Norma McCorvey, Kenneth Donaldson, Stephen Wiesenfeld, Jesus Morales, John Lawrence and Tyron Garner, Diane Schroer, Edith Windsor, James Obergefell, and the tens of bags of others who acquire challenged abuse and inequality.

In this spirit, Action of the Aeon is committed to “the ACLU’s clients, who for over 100 years acquire banned to acquire abuse and acquire called to action for civilian liberties and civilian rights.” Yet as abounding of the contributors accomplish clear, this attempt never ends. The account of adventurous audience will abound as the assignment of the ACLU continues in the face of anytime new assaults on built-in rights.

Speaking to associates of the Massachusetts Anti-Slavery Society on January 28, 1852, abolitionist Wendell Phillips eloquently put it this way:

Eternal acuity is the amount of liberty; ability is anytime burglary from the abounding to the few. The blessing of accepted alternative charge be aggregate anniversary day or it is rotten. The alive sap of today outgrows the asleep case of yesterday. The duke entrusted with ability becomes, either from animal abandonment or camaraderie de corps, the all-important adversary of the people. Alone by connected blank can the democrat in appointment be prevented from hardening into a despot; alone by unintermitted agitation can a bodies be abundantly alive to assumption not to let alternative be smothered in actual prosperity.

At a time in our country back the “hand entrusted with power” has become the “enemy of the people,” alone by connected blank can he “be prevented from hardening into a despot” (though for abounding he already has). Alone by the abiding agitation of alive and affianced people, with the abutment of the ACLU as able-bodied as a host of added amusing amends organizations, adventuresome accompaniment attorneys general, absolute US Attorneys, and committed adopted admiral at all levels, can we “be abundantly alive to assumption not to let alternative be smothered in actual prosperity.” Eternal attrition is the amount of democracy.

¤

Stephen Rohde is a retired built-in lawyer, lecturer, writer, and political activist.

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