History
In the years following World War I, the United States was gripped by the fear that the Communist Revolution in Russia would spread to American soil. As is often the case when fear overrides rational discourse, civil liberties suffered. In November 1919 and January 1920, in what infamously became known as the “Palmer Raids,” Attorney General Mitchell Palmer initiated the roundup and deportation of individuals labeled as radicals. Thousands were arrested without warrants, disregarding constitutional protections against unlawful search and seizure. Many of those detained were treated brutally and held in deplorable conditions.
In response to these blatant civil liberties violations, a small group of individuals took a stand, leading to the formation of the American Civil Liberties Union (ACLU).
Since its founding, the ACLU has evolved from a small band of idealists into the nation’s leading defender of the rights enshrined in the U.S. Constitution. With over 1.1 million members, 500 staff attorneys, thousands of volunteer lawyers, and offices across the country, the modern ACLU continues to challenge government overreach and defend freedoms such as speech, religion, reproductive rights, due process, and privacy. The organization remains steadfast in its defense of these rights, even when the causes are unpopular or unsupported by others. While not all Americans agree with the ACLU on every issue, many recognize and value its unwavering dedication to principle. The ACLU has become such an integral part of American society that envisioning an America without it is difficult.
One of the ACLU’s earliest high-profile cases was the 1925 Scopes Trial. After Tennessee enacted a law prohibiting the teaching of evolution, the ACLU recruited biology teacher John T. Scopes to challenge the law by deliberately teaching evolution in his classroom. When Scopes was prosecuted, the ACLU partnered with renowned attorney Clarence Darrow to mount a defense. Although Scopes was convicted (a verdict later overturned due to a sentencing error), the case garnered national attention and underscored the importance of academic freedom.
Following the Japanese attack on Pearl Harbor, President Franklin D. Roosevelt ordered the internment of all people of Japanese descent, most of whom were American citizens. More than 110,000 Japanese Americans were ultimately sent to internment camps. The ACLU, particularly its California affiliates, stood virtually alone in condemning this injustice.
In 1954, the ACLU collaborated with the NAACP in the landmark case Brown v. Board of Education, which successfully challenged racial segregation in public schools and marked the end of the “separate but equal” doctrine—a major milestone in the fight for racial justice.
The ACLU also played a key role in the 1973 Supreme Court rulings in Roe v. Wade and Doe v. Bolton, which established that the right to privacy includes a woman’s right to choose whether to continue a pregnancy. In 2003, the ACLU helped secure another landmark ruling in Lawrence v. Texas, in which the Supreme Court struck down laws criminalizing sexual intimacy between same-sex couples, further expanding the right to privacy.
One of the most defining—and controversial—moments in ACLU history occurred in 1978, when the organization defended the right of a Nazi group to march in Skokie, Illinois, a community home to many Holocaust survivors. The ACLU successfully challenged three ordinances that restricted the march, affirming that constitutional rights must apply even to the most unpopular groups in order to be protected for all. Many view this moment as one of the ACLU’s greatest demonstrations of its core principles.
That unwavering commitment to principle persists today. In the aftermath of the 9/11 terrorist attacks, the ACLU actively opposed policies that compromised civil liberties in the name of national security. The organization has worked to challenge the Patriot Act, warrantless surveillance, and the indefinite detention of terrorism suspects without charge or trial, all in the name of restoring freedoms eroded by government overreach.
The ACLU continues to advocate for marginalized communities whose rights have historically been denied, including people of color, women, LGBTQ+ individuals, prisoners, immigrants, and people with disabilities.
In 1920, the constitutional freedoms that Americans take for granted today had yet to be fully tested in the courts, rendering them largely symbolic for ordinary citizens. Over the past century, however, the principles of individual liberty, due process, equal protection, freedom of expression, and privacy have been reinforced through law and judicial precedent—with the ACLU playing a central role in this progress.
Nevertheless, the struggle to defend freedom is ongoing. In a dynamic and often contentious society, debates over individual rights and liberties are likely to persist. The ACLU remains committed to safeguarding constitutional freedoms for current and future generations.
Why the ACLU Does What It Does
The ACLU is frequently called upon to explain its defense of certain individuals or groups—particularly those considered controversial or unpopular, such as the American Nazis, the Ku Klux Klan, and the Nation of Islam. The organization does not defend these groups because it agrees with their views; rather, it defends their constitutional rights to free expression and free assembly. Historically, the individuals whose opinions are the most extreme or controversial are often the first to have their rights threatened. Once the government is permitted to violate one person’s rights, that power can be extended to anyone. The ACLU aims to prevent the erosion of civil liberties before it becomes widespread.
Because the organization cannot take on every deserving case, it typically selects lawsuits with the potential for the greatest impact—cases that may break new ground and establish legal precedents that strengthen freedoms for all Americans.
