The American Civil Liberties Union (ACLU) Foundation is a non-profit, non-partisan organization dedicated to defending and preserving the individual rights and liberties guaranteed to all people in the United States by the Constitution and laws. Specifically, it is the 501(c)(3) arm of the ACLU, meaning contributions to it are tax-deductible and typically fund litigation and public education efforts.
Mission and Work
The core mission of the ACLU Foundation is to ensure that the Bill of Rights is preserved for each new generation of Americans and to expand its reach to people historically denied its protections. To achieve this, it employs a multi-pronged approach:
Litigation: The ACLU Foundation is renowned for its legal work, frequently appearing before the U.S. Supreme Court more often than any other private entity. Through this work, they take on challenging civil liberties cases to establish new precedents and defend existing rights.
Public Education:Furthermore, they work to inform the public about civil liberties issues, using publications, social media, and workshops.
Advocacy/Lobbying:While the ACLU Foundation (501(c)(3)) has limits on lobbying, the broader ACLU organization (a 501(c)(4)) actively lobbies Congress and state legislatures to advance or defend civil liberties and oppose bills that threaten them.
Key Areas of Focus
The ACLU Foundation’s work spans a wide range of civil liberties issues, including:
First Amendment rights: Freedom of speech, association, assembly, press, and religion (including the strict separation of church and state).
Equal Protection: Fighting discrimination based on race, sex, religion, national origin, sexual orientation, age, disability, and other classifications.
Due Process: Ensuring fair treatment, which includes fair procedures in criminal accusations and other serious government actions.
Privacy: Protecting individuals’ personal privacy and autonomy.
Rights of marginalized groups:Crucially, they actively work to extend all constitutional protections to groups historically denied them, such as women, immigrants, people of color, LGBTQ+ individuals, prisoners, and people with disabilities.
History and Impact
Founded in 1920 by Roger Baldwin, Crystal Eastman, and Albert DeSilver, the ACLU emerged in response to civil liberties violations like the “Palmer Raids” and the suppression of anti-war activism. Consequently, it was the first public interest law firm of its kind, immediately working to transform the ideals of the Bill of Rights into practical realities.
Over its more than 100-year history, the ACLU Foundation has been involved in numerous landmark cases that have shaped American law and society, for example:
The Scopes Trial (1925): Defending a teacher accused of teaching evolution.
Fighting Japanese Internment (1940s): Denouncing the federal government’s actions during World War II.
Brown v. Board of Education (1954): Joining the fight to declare racially segregated schools unconstitutional.
Tinker v. Des Moines (1969): A major victory for student free speech rights.
Roe v. Wade (1973): Advocating for the constitutional right to privacy encompassing a woman’s right to reproductive choice.
Skokie Case (1978): Controversially defending a Nazi group’s right to march, thereby upholding the principle of free speech for all, regardless of the speaker’s views.
Lawrence v. Texas (2003): Expanding privacy rights to include same-sex intimacy.
Ultimately, the ACLU Foundation continues to be a vital force in safeguarding civil liberties in the United States, addressing contemporary challenges such as digital privacy, mass incarceration, voting rights, immigrant rights, and racial justice.
