ACLU Study Sheet
I. Introduction
-American Civil Liberties Union
-Founded in 1920 by Robert Baldwin
-First Public Intrest Law group of its kind
II. ACLU Mission Mandate
-Assure that the Bill of Rights is preserved for each new generation
III. Bill of Rights: rights that the ACLU defends
-Freedom of speech
-Freedom of assocaition
-Freedom of assembly
-Freedom of the press
-Freedom of religion
-Separation of church and state
-Equal protection of the law, including in courtrooms, voting booths, classrooms, and
the workplace, regardless of race, sex, religion, national origin, sexual orientaion,
physical handicap, or any other such classification
-Right to be treated fairly when facing criminal charges or other serious accusations
that can result in such penalties as loss of employment, exlusion from school, denial of housing, or cut-off of benefits (due process of law)
-Right to a guaranteed zone of personal privacy and autonomy which cannot be penetrated by the government or by other institutions, like employers, with substantial influence over an individual's rights (right to privacy)
IV. Important Events in which the ACLU was involved
-Palmer Raids, 1920; fight against illegal deportation
-Scopes Case, 1925; fight for freedom of speech
-Ulysses Case, 1933; fight against censorship
-Mayor Hague, 1939; fight for freedom of speech in public places
-Japanese Americans, 1942; fight against encarceration based on race
-Loyalty Oaths, 1950; fight against loyaty-security program
-School Desegregation, 1954; fight against racial discrimination
-Civil Rights Movement, 1960; fight for racial equality
-Impeach Nixon, 1973; fight for the right of political dissent
-Abortion Decriminalized, 1973; fight for the right to have an abortion
-Creationism in Arkansas, 1981; fight for the separation of church and state
-Voting Rights Extended, 1982; fight for the vote for 18 year olds
-Block Bork, 1987; fight for fundamental rights
V. ACLU's viewpoint on affirmative action
-14th Admendment protects citizens from discrimination
-Affirmative Action used to implement 14th ad.
-Does not include quotas
-Is fair: tries to reverse years of discrimination
-Is working: helps minorities
-Is necessary: discrimination is still occuring
-Actions against Affirmative action:
-California Proposition 209
-Hopwood vs. Texas
-Rejection of Affirmative Action ballot proposal in Houston
-Gratz vs. University of Michigan
VI. ACLU viewpoints on Students and Schools
-All students have a right to an equal education
-If seperated on the basis of learning ability, tracking systems are legal
-Students cannot be treated differently because of sex
-Girls cannot get expelled because of pregnacy
-Schools cannot discrimate against homosexuals
-Non english speaking students can still go to public schools
VII. ACLU viewpoints on Due Process for Students
-Every student has a right to a hearing
-School punishments cannot be more severe than the misconduct
-If a student is facing suspension:
-Student has right to know the charges
-Student has right to an impartial hearing
-Student has right to hear school's evidence
-Student has right to tell his side of the story
-If suspension is more than 10 days, student has the right to call a lawyer
-Student does not have right to a hearing for minor punishments
-Schools can only suspend for illegal, disruptive, or dangerous acts
-Schools cannot suspend discriminatorily
-Teachers are not allow to hurt their students
-Corporal punishment is legal in 29 states
VIII. ACLU viewpoints on a student's Freedom of Expression
-Student has right to express his beliefs in school
-Schools can censor student newspapers, yearbooks, etc. if funded by school
-Students do not have to say the Pledge of Allegiance
IX. ACLU viewpoints on a student's Right to Privacy
-If a student says he wants to see his parents/lawyer then the police must stop
questioning
-Police must ask permission for searches
-Teachers can search suspected students only
X. ACLU viewpoints on Student Records
-Students over 18 and parents can access their student records
-Pyschological records cannot be seen without a doctor
-Parents can lobby to have wrong information deleted from records
XI. ACLU viewpoints on Student's Freedom of Religion
-Public Schools cannot promote religion
-Teachers cannot start the day with a prayer
-Graduations cannot include a prayer
-Students can pray in school as long as it is not disruptive
XII. Viewpoints critical of the ACLU
-ACLU is too liberal/radical
-Christian morals comprimised by ACLU liberties
-ACLU defends people who should not be defended
-ACLU searches out only high profile cases
-ACLU has lost sight of "civil liberites" and is now chasing any case