>https://twitter.com/Snowden/status/1577395649372426242
ACLU?
>ACLU?
https://aclu.procon.org/questions/is-the-aclu-a-communist-or-left-wing-organization/
https://www.heritage.org/the-constitution/commentary/the-aclu-loses-its-way
''The ACLU Loses Its Way''
heritage.org/the-constitution/commentary/the-aclu-loses-its-way
GianCarlo Canaparo. Senior Legal Fellow, Edwin Meese III Center
GianCarlo is a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies.
Key Takeaways
The ACLU’s commitment to the Constitution defied politics, and it defended even the most unpopular people if its unshakable principles demanded it.
The ACLU has—to its credit—vexed both sides of the political aisle because it refused to compromise the principles of its “civil libertarianism.”
Sadly, that is no longer the case. In recent years, the group has retreated from its principles when they clash with trendy left-wing priorities.
The American Civil Liberties Union used to be a great institution.
Founded in January 1920, the ACLU sought to become, in its own words, “the nation’s premier defender of the rights enshrined in the U.S. Constitution.” Over the decades, the organization fought for civil liberties even when no one else would.
The ACLU fought against the internment of Japanese Americans during World War II. It fought against racial segregation. And it fought for the free-speech rights of students protesting the Vietnam War.
The ACLU’s commitment to the Constitution defied politics, and it defended even the most unpopular people if its unshakable principles demanded it.
For example, the American Civil Liberties Union defended the First Amendment rights of a Ku Klux Klan leader, a group of Nazis, and members of the notorious Westboro Baptist Church because of its “unwavering commitment to principle.”
Over its 100-year history, the ACLU has—to its credit—vexed both sides of the political aisle because it refused to compromise the principles of its “civil libertarianism.”
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Sadly, that is no longer the case. In recent years, the group has retreated from its principles when they clash with trendy left-wing priorities.
By now, the ACLU’s retreat from the First Amendment is well documented. It will not defend the First Amendment rights of pro-life pregnancy centersor small religious businesses. It no longer defends religious freedom, although it once did. And in a leaked internal memo, the ACLU takes the position that free speech denigrating “marginalized groups” should not be defended.
Sadder yet, however, is the ACLU’s recent abandonment of the right to due process. For a group founded to help the powerless, this is a repudiation of its founding ideals.
Consider the new Title IX rules designed to restore the due process rights of those accused of sexual harassment on college campuses. The rules are meant to restore protections that were erased under the Obama regime.
Under the old rules (which remain in effect until August), colleges may expel students based on nothing more than the word of their accuser or even the word of a third party who witnessed nothing. The accused often is denied the right to cross examine, the right to counsel, the right to see the evidence against him or her, and the right to present exculpatory evidence.
It’s so bad that in one case, after two students got drunk and had sex, one of them rushed to report his sexual partner to the Title IX officer simply because he was worried that she would report him first. Because he got there first, she was found guilty of sexual assault and suspended.
The new rules restore some due process protections. The American Civil Liberties Union should be happy. In fact, the ACLU ought to have been fighting for them.
After all, it was only two years ago that the ACLU opposed a victims’ rights bill because it would “undermin[e] a bedrock principle of our legal system—the presumption of innocence.”
Instead, the ACLU is suing to block the new rules. It claims that they “dramatically undermine students’ civil rights.”
The ACLU’s logic is as backward as are its priorities.
The organization says it is concerned that the new rules—in particular a requirement that victims report assaults to a Title IX official before an investigation may begin—would “inflict significant harm on students who experience sexual harassment or assault.”
The lawsuit does not clearly explain why that is so, but asserts that the new rules would interfere with students’ right to “equal educational opportunities” especially for students of color, LGBTQ students, and other minority groups.
Never mind that under the old rules, men of color are accused and suspended or expelled with alarming frequency.
There is no way for the ACLU to explain its decision to fight against due process, except that it has abandoned its principles to advance the trendy partisan agenda of the day.
If the American Civil Liberties Union means to become a litigation boutique for such causes, so be it. But it should be prepared to surrender the goodwill that its long and storied history of integrity has earned it.
This piece originally appeared in The Daily Signal
https://www.influencewatch.org/non-profit/american-civil-liberties-union-aclu/
''American Civil Liberties Union (ACLU)''
influencewatch.org/non-profit/american-civil-liberties-union-aclu
The American Civil Liberties Union (ACLU) is a nearly 100-year-old left-leaning activism organization focused on issues related to civil liberties. During its history, the ACLU has aligned with the ideological Left, becoming a “hub of liberal activism” which declared its intent to spend $25 million attacking Republican candidates during the 2018 election cycle.[1]
Labor union activist Roger Baldwin and a group of like-minded activist colleagues founded the ACLU in 1920. The ACLU advocated for special government protections specifically for left-leaning demographic and special interest groups such as immigrants, labor unions, LGBT people, the poor, prisoners, and the severely mentally ill.[2]
The ACLU’s main tool is courtroom activism, whereby the organization brings or supports a lawsuit in the hope that a court will find a legal justification for enshrining the ACLU’s position.[3] One historian estimates that the ACLU has participated in 80 percent of the U.S. Supreme Court’s most controversial cases since 1925.[4] While the ACLU argues that it has a non-partisan affiliation, the ACLU is a decidedly left-of-center organization with liberal values.[5]
Since its inception, the ACLU has fought for judicial mandates favoring labor unions;[6] advocated for expanded rights of accused defendants;[7] challenged aggressive policing measures;[8] defended the pedophilia advocacy group North American Man-Boy Love Association (NAMBLA);[9] defended the free expression rights of numerous controversial organizations including the Ku Klux Klan, the Nation of Islam, and the National Socialist Party of America;[10] and defended terrorists including Khalid Sheik Mohammed, mastermind of the attacks of September 11, 2001,[11] while seeking to end national security surveillance programs.[12]
In recent years, the ACLU’s priorities have largely taken left-of-center positions on hot-button political topics. The organization seeks to eliminate the death penalty[13] and has defended death row inmates.[14] The ACLU advocates for increased government spending as repayment for slavery and segregation.[15] The ACLU also seeks to expand rights for illegal immigrants and seeks to make enforcement of immigration laws and border protections more difficult.[16]
In 2017, assumed a leadership role in the opposition to the Trump administration and touts that in 2017 it launched over 110 different legal actions to prevent Republican-backed policies from taking effect.[17] Specifically, the group has sued to overturn the Trump administration’s controversial travel ban,[18] to support federal funding for “sanctuary cities” which do not enforce federal immigration laws,[19] and to overturn a Trump order barring transgender people from military service.[20]
Since it took a more partisan approach after the election of President Donald Trump, the ACLU has been criticized by civil libertarians for subjugating its stated civil libertarian principles to the needs of left-of-center activism.[21]
ACLU Foundation is the 501(c)(3) nonprofit affiliate of the ACLU.
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Organizational Overview
In 1920, a small group of left-leaning activists led by labor activist Roger Baldwin, Crystal Eastman, and Albert DeSilver re-organized and expanded the defunct National Civil Liberties Bureau under the name American Civil Liberties Union (ACLU).[22] The ACLU was to carry out militant “direct actions” to defend against violations of civil liberties.[23]
The original national committee of the ACLU was “deliberately” filled with labor union leaders and pro-First World War liberals including chairman Harry Ward of the Union Theological Seminary, William Z. Foster from the American Federation of Labor (AFL), Felix Frankfurter, [24] Jane Addams, Helen Keller, Arthur Garfield Hayes, and Norman Thomas.[25]
The ACLU’s “work is coordinated by a national office in New York, aided by a legislative office in Washington that lobbies Congress.”[26] The organization claims to have more than 1 million members[27] and organizes a nationwide network of affiliate chapters in every state and more than 300 chapters in smaller towns and cities.[28] These affiliate organizations carry out local advocacy campaigns, local litigation-activism, and local lobbying efforts. [29]
The ACLU’s national office operates as two related entities, the ACLU itself, a 501(c)(4) “social welfare” nonprofit, and the related ACLU Foundation, a tax-deductible 501(c)(3) organization. Both entities pursue litigation, issue communications and carry out left-leaning public advocacy and awareness programs; however, the ACLU finances most of the organization’s lobbying at the local, state, and federal levels in support of its preferred policies.[30]
Ideological Outlook
During the 1960s and 1970s, conservatives accused the ACLU of using liberal judges to push a left-wing political agenda. Critics pointed to the ACLU’s positions in favor of abortion, against the Vietnam War, and its support for Richard Nixon’s impeachment as evidence of its leftward political shift.[31]
Historian Samuel Walker wrote that the ACLU’s “greatest impact on American life” was its role in convincing the Supreme Court to “constitutionalize” countless controversial policies. [32] Similarly, one historian estimates that the ACLU has participated in 80 percent of the U.S. Supreme Court’s most controversial cases since 1925.[33]
In The Politics of the American Civil Liberties Union, Dr. William A. Donohue writes, “quite simply, the ACLU has a politics, and that politics is liberalism” and “the voice of the ACLU has been the voice of liberalism.” Donohue concludes that every action the ACLU has taken from it lobbying efforts to its policy decisions reflect value priorities, that are “the quintessential embodiment of American liberalism.”[34]
Historical Campaigns
Defense of Communists
The ACLU denies the allegation that it was a Communist front group;[35] however, the ACLU did often defend individuals accused of being Communists[36] and was heavily criticized as a potential “front” for Communism during Cold War-era investigations of Soviet influence. [37]
In 1931, the U.S. Supreme Court, siding with the ACLU, ruled that a Communist Party member had the constitutional right to salute a communist flag.[38]
In 1943 a report of the California Senate Fact-Finding Subcommittee on Un-American Activities stated:
The American Civil Liberties Union may be definitely classed as a Communist front or ‘transmission belt’ organization. At least 90% of its efforts are expended on behalf of Communists who come into conflict with the law.[39]
Organized Labor
Since its inception the ACLU has fought to organize labor unions, beginning with efforts to promote unions in the 1920s.[40] In 1932, the ACLU played a major role in passing the Norris-LaGuardia Act, a federal law that forced employers to allow their employees to join labor unions and prevented employers from outlawing strikes and other union organizing activities.[41] Similarly, in 1939, the ACLU fought and won a lawsuit at the U.S. Supreme Court that allowed labor unions the ability to organize.[42]
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Defense of Extremist Groups
The ACLU has defended a number of extremist groups and individuals, including the Ku Klux Klan, the Nation of Islam, and the National Socialist Party of America.[43] In one of the group’s most famous cases, the ACLU defended the right of the American Nazi Party to march through Skokie, Illinois, a mostly Jewish suburb of Chicago, in 1977.[44]
Criminal Justice
The ACLU has a long history of supporting an expanded interpretation of rights for accused defendants and lighter sentencing laws for convicts. Throughout the 1960’s the ACLU successfully supported or argued a number a number of U.S. Supreme Court cases that made it harder for the police to gather evidence during criminal investigations, and was criticized for expanding the rights of criminals. [45] In 1963 the ACLU supported a case in which the Supreme Court ruled that the poor had a constitutionally guaranteed right to legal counsel.[46]
In 1988 then-Vice President George H.W. Bush said, “I have never been a member (of the ACLU) because they’re always coming down on the side of criminals.”[47] Similarly, at around the same time Edwin Meese a counselor to President Ronald Reagan labeled the ACLU as the “criminals’ lobby.”[48]
The ACLU argues that possession of child pornography should not be illegal[49]and has argued in favor of “virtual child pornography”[50] In 2000, the ACLU defended the North American Man Boy Love Association (NAMBLA), a group that supports pedophilia, against a civil suit filed by the family of a Massachusetts victim of molestation.[51]
Church and State
The ACLU defended John Scopes in a case that sought to overturn a requirement that human evolution not be taught in public schools.[52] Since then, the ACLU has often fought against religion in public institutions.[53]
In 1947, the ACLU led the legal challenge that persuaded the U.S. Supreme Court to declare religious teaching in state governed schools unconstitutional. [54] In the 1980s, the ACLU supported the elimination of tax exemptions for churches, including the Roman Catholic Church.[55] [56] [57] More recently, the ACLU complained when Attorney General Jeff Sessions proposed ways for federal agencies to accommodate religious observance and practice.[58]
The ACLU has supported the right of schoolchildren not to salute the American flag when it violates their religious beliefs.[59]
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National Security
The ACLU has frequently opposed national security policies.[60] In 2002, the ACLU fought to reinstate a set of multi-layer bureaucratic guidelines barring FBI intelligence gathering known colloquially as “the wall.” Before the terrorist attacks of September 11, 2001, this “wall” had prevented FBI agents from fully investigating the terrorists involved in planning the 9/11 attacks, and was removed by the administration of George W. Bush.[61]
The ACLU also filed suit seeking to President George W. Bush’s surveillance program, which allowed for eavesdropping on international phone calls and e-mails of people deemed a terror risk.[62]
In 2010, the ACLU sued to “prevent the U.S. military and CIA from undertaking the “targeted killing” of persons suspected of posing a terrorist threat to the U.S.”[63]
The ACLU has consistently argued for the closure of the Guantanamo Bay terrorist detention facility[64] and has fought to make sure terrorists are tried in civilian court.[65]
The ACLU has defended a number of accused terrorists, their domestic abettors, and their financiers. The ACLU pushed for a civilian trial and then defended confessed 9/11 mastermind Khalid Sheik Mohammed, and five of his alleged 9/11 co-conspirators.[66] The ACLU defended Lynne Stewart, who was convicted in 2005 after being videotaped helping the “blind sheikh” Omar Abdel Rahman communicate from prison with his Egyptian terrorist comrades.[67] The ACLU the ACLU defended an Islamist “charity,” Kind Hearts for Charitable Humanitarian Development, which was shut down in 2006 by the US Treasury Department for funneling money to the Palestinian foreign terrorist organization Hamas.[68]
Current Positions
Numerous organizations have declared the ACLU the leader of the liberal opposition to the Republican-led federal government and the organization has spent millions of dollars in political expenditures against right-wing policies. [69] [70] [71] The organization’s shift toward electoral organizing and advocacy and away from purist civil libertarianism has been criticized by supporters of free speech and procedural safeguards for defendants.[72]
Crime and the Death Penalty
The ACLU “believes that, in all circumstances, the death penalty is unconstitutional” and that “no one deserves to die” including murderers. [73] The ACLU also supports another easing of non-capital sentences.[74] In 2015, an ACLU representative called President Barack Obama’s decision to free more than 6,000 federal inmates “nothing short of thrilling.”[75] The ACLU has similarly opposed the use of civil forfeiture to punish criminals,[76] and has sought to take military-style weapons away from police.[77] The ACLU joined with the Leadership Conference on Civil and Human Rights, and NAACP Legal Defense and Education Fund in labeling fatal police shootings a “national crisis” and calling for federal legislative reforms.[78]
The ACLU argues that due to inadequate federal programs and spending along with tough-on-crime police policies, black and indigenous people have not overcome the impacts of slavery and land revocation that took place hundreds of years ago.[79] The ACLU thus brings lawsuits, lobbies, and advocates for policies that favor these specific communities based on their racial classification based on perceived “institutional” concerns.[80]
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Illegal Immigration
The ACLU seeks to expand the rights of illegal immigrants and brings lawsuits meant to make enforcement of immigration laws and border protections more difficult.[81] The ACLU opposes the collection of citizenship information on the 2020 Census,[82] has defended “sanctuary city” leaders from criminal prosecution,[83] has brought numerous lawsuits arguing against the deportation of illegal immigrants[84] and has supported government-funded benefits for immigrants.[85] The ACLU filed 13 different lawsuits seeking to block President Trump’s proposed bans on travel from a number of majority-Muslim states, later amended to hostile countries such as Iran, North Korea, and Venezuela.[86]
Gay and Transgender Issues
The ACLU has fostered an expansion in mandates on religious institutions concerning LGBT individuals. A main focus of the ACLU in 2018 is on ensuring that religious institutions and individuals are forced to provide services to LGBT individuals even if it contradicts their religious beliefs.[87] The ACLU also opposed a Trump administration ban on transgender individuals serving in the military,[88]
Abortion
The ACLU touts that “abortion is one of the most common medical procedures performed today,” and argues that the procedure is “incredibly safe.”[89] As such the ACLU uses its various tools to try and block efforts to restrict the availability and government funding of abortions.[90]
Partisan Politics
In 2018, bolstered by its newfound liberal resistance leadership role, the ACLU planned to digress from its ostensibly nonpartisan stance and become a “hub of liberal political activism.”[91]
During the 2018 election cycle, the ACLU expressed plans to spend over $25 million attacking Republicans based on their conservative policy positions. Specifically, the ACLU planned to attack Republicans for ensuring only citizens are able to vote, for supporting travel restrictions, opposing abortion, and for opposing unfettered illegal immigration.[92] In total the ACLU planned to get involved in about a dozen state and federal races across the country.[93]
In Florida, the ACLU planned to spend $5 million on a ballot initiative that would allow an estimated 1.5 million convicted felons the right to vote. According to the ACLU’s executive director, the proposal if successful would alter the state’s political balance in favor of left-wing interests.[94]
Affiliates
People Power
Also see People Power (Nonprofit)
People Power is a project created by the ACLU to oppose President Donald Trump’s immigration policies, as well as promote a series of other left-of-center ideological issues, including LGBT rights, police surveillance and abortion rights. It is headed by ACLU national political director Faiz Shakir.[95]
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Criticism
Political Advocacy Group
Liberal author and Harvard Law School professor Alan Dershowitz wrote in an op-ed for the Hill that, “The ACLU is no longer a neutral defender of everyone’s civil liberties. It has morphed into a hyper-partisan, hard-left political advocacy group.”[96] According to Dershowitz, the ACLU has formally engaged in partisan politics and elections, and because the majority of the ACLU’s contributors are left-leaning, it is bound to promote left-wing policy goals.
Former executive director of the ACLU Ira Glasser has also said that the organization’s leftward shift “has the capacity to destroy the organization as it has always existed”.[97]
Support for Mask and Vaccine Mandates
In August 2021, the ACLU was criticized for its “odd definition of civil liberties” when it announced a lawsuit against the Governor of South Carolina, Henry McMaster, to end an executive order prohibiting public schools from forcing students to wear medical masks because of COVID-19. [98] The ACLU argued that the executive order created a disability rights issue since it would force students with disabilities to stay home from school because of the risk of COVID-19 infection, to which many disabled people were particularly vulnerable. [99]
Critics of the ACLU’s decision, like Philip Klein of the right-leaning National Review, pointed out that COVID-19 infection posed very minimal risks to children, and argued that Governor McMaster’s executive order protected the civil liberties of students and parents by guaranteeing their right to make their own health choices. According to Klein, the lawsuit was “another in the long line of examples demonstrating that the ACLU is just a left-wing group rather than a civil rights organization.” [100]
In January 2008, the ACLU published a report on recommended pandemic policy titled “Pandemic Preparedness: The Need for a Public Health – Not a Law Enforcement/National Security – Approach.” [101]
The report states that “there is a significant and appropriate role for the government in pandemic preparedness and mitigation. Unfortunately, many policymakers today believe that protecting public health requires suppressing individual rights … The notion that we must ‘trade liberty for security is both false and dangerous. It is false because coercive actions are seldom conducive to public health protection. It is dangerous because it provides a never-ending justification for the suppression of civil liberties while failing to safeguard public health.” [102] The report strongly opposed post-9/11 efforts initiated under the Bush administration to expand executive powers in addressing possible pandemics and cited several examples of historical and recent government mishandling of pandemic prevention policies that led to the trampling of individual liberties. [103]
The report claimed that there is a significant public interest in promoting vaccination, but that the “right to refuse to be vaccinated should be honored. No one should be forced to be vaccinated against their will both because of the constitutional right to refuse treatment, and pragmatically because forced vaccination will deter at least some people from seeking medical help when they need it.” [104]
Censoring Ruth Bader Ginsburg
On September 18, 2021, the one-year anniversary of Ruth Bader Ginsburg’s death, the ACLU published a tweet that modified a quote by the late Justice Ginsburg to remove words like “woman,” “she,” and “her.”[105] Charles Cooke, of the right-leaning National Review, and many other political commentators, criticized the ACLU for censoring the quote to appease transgender activists who might find gender-specific language offensive. Cooke denounced the decision, writing, “what the ACLU has done here represents a flat-out repudiation of the core value for which the ACLU is supposed to stand: anti-censorship.” [106]
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Defamatory Op-Ed About Johnny Depp
In 2018, the ACLU helped actress Amber Heard draft an op-ed about domestic abuse that was later published by the Washington Post, which implied that Amber was a victim of domestic abuse by her ex-husband, actor Johnny Depp. The op-ed later became an important element of the 2022 defamation case brought against Heard by Depp. While the op-ed never mentioned Johnny Depp by name, Depp and his lawyers claimed the false and “heinous” accusations made in the op-ed resulted in Depp losing money, movie roles, and his reputation. [107] [108]
After her divorce from Depp in 2017, Heard promised the ACLU half of her $7 million divorce settlement while promising the other half to the Children’s Hospital of Los Angeles. [109] The ACLU later named Heard an ambassador of the ACLU and offered to help with the article. [110] An executive from the ACLU testified in the defamation trial claiming that Heard had not fulfilled that promise to the organization as they had only received $1.3 million from her at the time of the trial. [111] It was found that “of [that] $1.3 million slice of the donation…, $100,000 came directly from her ex-husband Depp.” [112]
After the defamation trial concluded in 2022, a jury found that Amber Heard had defamed Johnny Depp three times in the Washington Post op-ed which the ACLU had helped draft. The jury awarded Depp $15 million in compensation. [113] The ACLU received criticism after its support of Amber Heard, with one left-progressive law professor writing “The ACLU now seems largely unable or unwilling to uphold its core values.” [114] In a statement, the ACLU said “We do not write op-eds or offer ambassadorships in exchange for donations. Period.” [115]
Financial Overview
Funders
The ACLU is funded by small-dollar membership contributions. The ACLU substantially expanded its claimed membership and financial coffers in 2017.[116] The group claimed that its membership quadrupled from 400,000 members in 2016 to 1.6 million members in 2017. It also claims that it raised more than $83 million from member donations during that time period.[117]
The ACLU has taken money from a number of left-leaning organizations including George Soros’ Open Society Institute, the Carnegie Corporation of New York, the David and Lucile Packard Foundation, the Ford Foundation, the Geraldine R. Dodge Foundation, the Joyce Foundation, the Lear Family Foundation, the Public Welfare Foundation, the Rockefeller Foundation, the Susan Thompson Buffett Foundation, the Sandler Family Supporting Foundation, and the Tides Foundation.[118]
Program Spending
In 2017, the ACLU spent $107 million on programming including $32.2 million on left-of-center litigation, $60 million supporting its local affiliates’ activities, $11.9 million on public awareness campaigns, and $1.4 million on lobbying.[119]
The ACLU Foundation complemented the ACLU’s spending with $109 million in similar program spending.[120]
People
Deborah Archer is the ACLU’s current president. Archer was elected ACLU president in 2021 after her predecessor, Susan Herman, stepped down. Previously she served on the ACLU’s National Board of Directors.[121]
Anthony D. Romero is the long-time ACLU executive director. Romero took over at the ACLU on September 4, 2001, and quickly launched the Keep America Safe and Free campaign, which sought to restrict national security counterterrorism programs.[122]
David Cole is the ACLU’s national legal director.[123]
Faiz Shakir is the ACLU’s political director. Prior to joining the ACLU, Shakir worked as a senior adviser to former Senate Democratic Leader Harry Reid (D-Nevada). [124]
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Jun 30, 2022, As the Supreme Court ends its term, Justice Stephen Breyer is officially retiring, and Judge Ketanji Brown Jackson takes his place as the country’s first Black woman justice, joining a court dominated by conservatives. We speak to ACLU national legal director David Cole about what can be done in the face of lifetime judicial appointments to the nation’s highest court which often rule counter to the majority opinion in the country. “This is a radical court that is intruding upon our liberties,” says Cole. “It’s doing it all in the name of a commitment to a historic vision of the Constitution as it was drafted when it was drafted, and imposing that on the American people, notwithstanding the fact that two centuries have intervened and circumstances are dramatically different today.”
#DemocracyNow
''ACLU’s David Cole: Supreme Court Conservatives Imposing “Truly Radical Ideology” on U.S. Population''
https://youtu.be/TnBhikmE4K8
https://www.cnn.com/2021/10/19/us/oklahoma-lawsuit-critical-race-theory/index.html
''ACLU sues Oklahoma over law prohibiting critical race theory topics from being taught in schools''
cnn.com/2021/10/19/us/oklahoma-lawsuit-critical-race-theory/index.html
By Madeline Holcombe, October 20, 2021
16:19 - Source: CNN
Critical Race Theory pioneer: Race and Racism are Real
CNN —
A group of students and educators has filed a complaint challenging an Oklahoma law that restricts teaching about race and gender, in what the American Civil Liberties Union calls the first federal lawsuit to challenge such a statewide ban.
The suit – backed by the ACLU, the Lawyers’ Committee for Civil Rights Under Law, the Oklahoma state conference of the NAACP, and the American Indian Movement (AIM) Indian Territory – seeks to block the enforcement of the law it says inhibits free speech and education of complete history through the framework of critical race theory.
The concept has ignited controversy in recent months, and at least two dozen states have taken steps to ban topics surrounding critical race theory from being taught in schools.
Parents and teachers voice concern at Texas school board meeting after Holocaust remark
Oklahoma’s HB 1775, which does not include the term “critical race theory,” is intended to stop discrimination, according to the bill. If any educator makes part of their curriculum teachings that “an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex” or that “an individual, by virtue of his or her race or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously,” they could be suspended or have their license removed, according to the law.
When the law went into effect in July, according to the lawsuit, its vague terms left many educators to err on the side of caution, striking Black and female authors from their reading lists “while leaving in place texts by White and male authors,” the lawsuit said.
“Teachers have received guidance to comply with H.B. 1775 by avoiding terms such as ‘diversity’ and ‘white privilege,’ while administrators have simultaneously acknowledged that ‘no one truly knows what (the Act) means or can come to an agreement on its meaning,’” the lawsuit says.
State Rep. Kevin West, who authored HB 1775, told CNN the complaint is “full of half-truths” and “blatant lies.”
The state flag flies at the Oklahoma State Capitol in Oklahoma City in 2018.
“It is unfortunate, but not surprising, to see radical leftist organizations supporting the racist indoctrination of our children that HB 1775 was written to stop. The law ensures that all history is taught in schools without shaming the children of today into blaming themselves for problems of the past, as radical leftists would prefer,” West said in a statement.
Gary Peller, a professor at Georgetown Law and author of “Critical Race Consciousness: Reconsidering American Ideologies of Racial Justice,” told CNN earlier this year that critical race theory acknowledges racism is both systemic and institutional in American society and that White people have historically held racial power.
The bill has impacted students’ ability to exchange ideas, engage in discussions, and study history, the lawsuit argues.
“All young people deserve to learn an inclusive and accurate history in schools, free from censorship or discrimination,” said Emerson Sykes, staff attorney with the ACLU Speech, Privacy, and Technology Project. “The bill was intended to inflame a political reaction, not further a legitimate educational interest.”