American Civil Liberties Union

The American Civil Liberties Union (ACLU) is a major nonprofit civil rights organisation in the United States, founded in 1920 with the mission of defending and expanding individual rights and liberties guaranteed by the US Constitution. Active through affiliates in all 50 states as well as in Washington, D.C., and Puerto Rico, the ACLU has become one of the most influential civil liberties organisations in the country. In 2024 its operating budget amounted to approximately $383 million, reflecting substantial nationwide support for its legal, educational, and advocacy programmes.

Organisational Structure and Leadership

The ACLU consists of two related entities: the ACLU itself and the ACLU Foundation. These organisations collaborate on litigation, advocacy, and public education, though they differ in the types of funds they may legally receive and the political activities they may undertake. State affiliates are independently governed but often work jointly with the national body, sharing resources and engaging in coordinated campaigns.
The organisation is led by a president and an executive director. As of 2024, Deborah Archer serves as president, while Anthony D. Romero is the executive director. Throughout the ACLU’s history, internal debates have shaped its policies. Disputes have arisen over free speech questions, the role of political ideology within leadership, and organisational transparency. Notable examples include disagreements during the 1930s labour conflicts, the Cold War’s anti-communist pressures, debates during the Vietnam era, and governance concerns in the early 2000s.

Legal Work and Methods of Support

The ACLU provides legal assistance in cases where it believes civil liberties are threatened. Assistance can take two forms:

• Direct legal representation, in which ACLU attorneys act as counsel.
• Amicus curiae briefs, offering constitutional arguments when another law firm conducts primary representation.

The ACLU frequently challenges governmental authorities at local, state, and federal levels, often seeking policy changes rather than financial compensation. However, in circumstances permitted by statutes such as the Civil Rights Attorney’s Fees Award Act of 1976, the ACLU and its affiliates may receive court-awarded fees after successful litigation. Examples include cases involving the removal of Ten Commandments displays from public buildings in Georgia, Tennessee, Alabama, and Kentucky.

Funding and Financial Practices

The ACLU and the ACLU Foundation solicit donations from supporters. Although affiliates raise funds independently, the national organisation periodically subsidises smaller or less resourced branches. For example, the Wyoming affiliate received national support until its closure in 2015. After the 2017 federal executive orders affecting refugees and travellers from several Muslim-majority nations, donations to the organisation increased markedly, reflecting heightened public concern over civil liberties protections.
The ACLU has also refused significant contributions when donor restrictions conflicted with its principles. In 2004 it rejected large grants from the Ford and Rockefeller Foundations because the agreements contained clauses modelled on the USA PATRIOT Act prohibiting support for individuals or groups labelled as engaging in “unacceptable activities”, which the ACLU deemed overly broad.

Policy Positions and Advocacy Priorities

Since its formation, the ACLU has been closely associated with free speech, which remains a central focus of its work. Its policy positions in 2024 reflect a broad civil liberties agenda, including:

• Opposition to capital punishment
• Support for LGBTQ+ equality, including same-sex marriage and adoption rights
• Access to reproductive health care, including birth control and abortion
• Efforts to eliminate discrimination based on race, gender, religion, ethnicity, or sexual orientation
• Criminal justice reform, including decarceration and the rights of prisoners
• Advocacy for immigrants’ rights, especially for undocumented immigrants
• Protection of voting rights and opposition to restrictive electoral policies
• Defence of the separation of church and state
• Opposition to torture and coercive interrogation
• Support for gender-affirming healthcare, including access for transgender youth
• Protection of the Second Amendment in limited contexts, especially opposition to a national gun-owner registry

The ACLU has often defended forms of speech or expression considered offensive or controversial. It has challenged censorship of the Confederate flag, defended campus free speech, and supported employees disciplined or dismissed for protected speech activities. Protests occurring near or outside religious buildings have also been the subject of ACLU-supported litigation.

Historical Controversies and Internal Debates

The organisation has experienced several contentious internal debates. These include:

• Disputes in the 1930s about whether to defend Henry Ford’s distribution of anti-union literature.
• A 1939 debate over whether communists could hold leadership roles within the ACLU.
• Divisions during the McCarthy era on representing individuals affiliated with the Communist Party.
• A split in 1968 concerning representation of anti-war activists such as Benjamin Spock.
• The 1973 deliberations over calling for President Nixon’s impeachment during the Watergate scandal.
• A 2005 debate on imposing restrictions on employees discussing internal disagreements.

These episodes demonstrate the recurring tension between organisational unity and the ACLU’s commitment to broad civil liberties principles.

Supporters and Allies

The ACLU often collaborates with other advocacy groups and participates in coalitions focused on specific rights. Its allies in litigation have included organisations such as the National Association for the Advancement of Colored People and the American Jewish Congress, among many others. Partnerships vary depending on the issue, illustrating the organisation’s wide-ranging focus on constitutional liberties.

Significance and Contemporary Role

The ACLU remains a prominent advocate in the American legal and political landscape, combining litigation, public education, and policy engagement. It consistently positions itself as a defender of constitutional rights regardless of political controversy, frequently taking cases involving unpopular or divisive issues. By doing so, the organisation plays a major role in shaping judicial interpretation of civil liberties and protecting individual rights against governmental overreach.