American Civil Liberties Union

American Civil Liberties Union
Basic facts
Location:	New York
Type:	501(c)(3) and 501(c)(4)
Affiliation:	Nonpartisan
Top official:	Anthony D. Romero, Executive Director
Founder(s):	Roger Baldwin, Crystal Eastman and Albert DeSilver
Year founded:	1920
Website:	Official website

The American Civil Liberties Union (ACLU) is nonprofit organization that, according to the organization's website, "works in the courts, legislatures, and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States." With its national headquarters in New York, the ACLU has autonomous affiliates in each of the 50 states, Washington, D.C., and Puerto Rico.

Mission

According to the ACLU Articles of Incorporation, the mission of the ACLU reads as follows:

“

To maintain and advance civil liberties, including, without limitation, the freedoms of association, press, religion and speech, and the rights to the franchise, to due process of law, and to equal protection of the laws for all people throughout the United States and its jurisdictions.

”

Background

The American Civil Liberties Union was founded in 1920 by Roger Baldwin, Crystal Eastman, and Albert DeSilver, in response to raids and arrests carried out by Attorney General A. Mitchell Palmer. The new organization defended trade union organizers and secured the release of antiwar activists.

A few years later, the ACLU defended Tennessee biology teacher John Scopes when he was charged with violating the state's prohibition on teaching evolution. Since then, some of the ACLU's notable cases have included Brown v. Board of Education (1954), Tinker v. Des Moines (1969), Roe v. Wade (1973), National Socialist Party of America v. Village of Skokie (1977) and ACLU v. Reno (1997).

Work

The name "American Civil Liberties Union" refers to a group of separate but affiliated entities that work towards the same goal. There are two national groups: a 501(c)(4) organization named the "American Civil Liberties Union" and a 501(c)(3) organization known as the "ACLU Foundation." Both organizations share the same office space in New York and provide funding for litigation and public awareness programs. The difference between the two organizations exists in regard to their lobbying efforts. The ACLU website's description of the distinction reads as follows:

“

The American Civil Liberties Union engages in legislative lobbying. As an organization that is eligible to receive contributions that are tax-deductible by the contributor, federal law limits the extent to which the ACLU Foundation may engage in lobbying activities. Therefore, most of the lobbying activity done by the ACLU and discussed in this Web site is done by the American Civil Liberties Union. By contrast, most of the ACLU's litigation and communication efforts described in this Web site are done by the ACLU Foundation.

”

As the largest public interest law firm in the United States, the ACLU employs about 200 staff attorneys plus thousands of volunteer attorneys who handle approximately 6,000 cases annually. Since 1920, the ACLU has appeared before the U.S. Supreme Court more times than any other private entity. In addition to its state and federal litigation efforts, the ACLU lobbies Congress and works to educate the public on civil liberties issues.

The ACLU website includes the following list of issues as areas of focus for the organization:

• Capital punishment
• Criminal law reform
• Disability rights
• Free speech
• HIV
• Human rights
• Immigrants' rights
• Juvenile justice
• LGBT rights
• Mass incarceration
• National security
• Prisoners' rights
• Privacy & technology
• Racial justice
• Religious liberty
• Reproductive freedom
• Voting rights
• Women's rights

Lobbying

The ACLU describes its lobbying efforts, saying the organization "works to ensure that proposed legislation moves towards, rather than away, from the civil liberties goals of the organization." A legislative policy team works from the ACLU Washington, D.C. office and works in conjunction with ACLU affiliates, groups interested in specific civil liberty issues, and legislators.

ACLU lobbying: Below are the lobbying expenditures made by the ACLU from 2010-2016, according to the Center for Responsive Politics.

Lobbying expenditures for the ACLU, 2010-2016
Fiscal Year	Amount Spent
2016	$966,277
2015	$1,786,190
2014	$1,821,473
2013	$1,910,828
2012	$1,906,276
2011	$1,380,185
2010	$1,178,827

ACLU Foundation lobbying: Below are the lobbying expenditures made by the ACLU Foundation from 2013-2015, as reported on the foundation's IRS 990 forms.

Lobbying expenditures for the ACLU Foundation, 2013-2015
Fiscal Year	Amount Spent
2015	$970,272
2014	$938,272
2013	$643,087

Litigation

The ACLU brings a number of cases involving civil liberty issues before courts in the United States. The ACLU writes in its tax filings that "The ACLU Foundation's litigation program is the cornerstone of its civil liberties program." It also claims that the ACLU appears before the United States Supreme Court more than any other organization outside the U.S. Department of Justice.

Amicus brief activity

The ACLU files amicus curiae briefs in courts throughout the country. According to the ACLU's website, the organization filed amicus briefs in the following U.S. Supreme Court cases from 2010 to 2016:

Amicus briefs filed by the ACLU in the U.S. Supreme Court, 2010-2016
2010
Snyder v. Phelps Brown v. Entertainment Merchants Association J.D.B. v. North Carolina NASA v. Nelson Brown v. Plata Sossamon v. Texas Connick v. Thompson FCC v. AT&T Milner v. Department of the Navy Cullen v. Pinholster Wal-Mart v. Dukes Fox v. Vice
2011
National Federation of Independent Business v. Sebelius Reichle v. Howards FCC v. Fox Television Stations, Inc. United States v. Alvarez Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC U.S. v. Jones Florence v. Board of Chosen Freeholders Missouri v. Frye Lafler v. Cooper Minneci v. Pollard Messerschmidt v. Millender Arizona v. U.S. Coleman v. Court of Appeals of Maryland Golan v. Holder Maples v. Thomas Dorsey v. U.S. Mayo Collaborative Services v. Prometheus Laboratories, Inc. Douglas v. Independent Living Center
2012
Hollingsworth v. Perry Agency for International Development v. Alliance for Open Society International Inc. Bailey v. United States Florida v. Harris Maryland v. King Salinas v. Texas Alleyne v. United States Fisher v. University of Texas Kiobel v. Royal Dutch Petroleum McBurney v. Young Adoptive Couple v. Baby Girl Ryan v. Gonzales
2013
Lane v. Franks McCullen v. Coakley Town of Greece v. Galloway Burwell v. Hobby Lobby Stores Inc. Riley v. California Kansas v. Cheever Alice Corporation Pty. Ltd. v. CLS Bank International Susan B. Anthony List v. Driehaus
2014
Williams-Yulee v. Florida Bar Walker v. Sons of Confederate Veterans Kerry v. Din Kingsley v. Hendrickson Arizona State Legislature v. Arizona Independent Redistricting Commission City and County of San Francisco v. Sheehan Armstrong v. Exceptional Child Center Inc. Texas Department of Housing and Community Affairs v. Inclusive Communities Project Alabama Legislative Black Caucus v. Alabama EEOC v. Abercrombie & Fitch Stores Inc. Young v. United Parcel Service Inc. Holt v. Hobbs Jesinoski v. Countrywide Home Loans Inc. Elonis v. United States
2015
Utah v. Strieff Birchfield v. North Dakota Montgomery v. Louisiana Hurst v. Florida Whole Women’s Health v. Hellerstedt Williams v. Pennsylvania Fisher v. University of Texas at Austin Zubik v. Burwell, Evenwel v. Abbott Dollar General Corp. v. Mississippi Band of Choctaw Indians Simmons v. Himmelreich United States v. Texas
2016
Moore v. Texas Trinity Lutheran Church v. Pauley Peña-Rodriguez v. State of Colorado

Affiliate support

The ACLU has an affiliate in each of the fifty states as well as in Washington, D.C. and Puerto Rico. The national ACLU supports these affiliates with fundraising, funding, technical assistance and training.

Education

The ACLU works to educate its members and the public on civil liberties issues including the rights to free speech, association, and assembly, equal protection under the law, and the right to due process. Educational tools the ACLU uses include publications, social media, and workshops.

Political activity

2024

On June 5, 2024, the ACLU announced plans to spend $25 million on down-ballot races. The group planned to be involved in the U.S. Senate election in Wisconsin, various state supreme court elections, and various state legislative elections. The group also planned to spend money on abortion ballot measures in states such as Florida and Nevada, as well as efforts to reform redistricting in Ohio. They also planned to invest in programs to educate voters about how to deal with hostile poll monitors.

2020

On March 31, 2019, the ACLU announced plans to spend $30 million to influence the 2020 election cycle.

2016

Candidate contributions

2016: During the 2016 election cycle, the ACLU contributed $6,570 to federal candidates. Below are the top five contributions made by the ACLU during the 2016 election cycle.

Top five candidate contributions made by the ACLU during the 2016 election cycle
Election cycle	Candidate	Party	State	Office	Total	Race outcome
2016	Hillary Clinton		NY	President	$2,920	d
2016	Mike Derrick		NY	U.S. House	$1,500	d
2016	Nanette Barragan		CA	U.S. House	$500	a
2016	Angie Craig		MN	U.S. House	$500	d
2016	Monica Vernon		IA	U.S. House	$500	d

2014

2014: During the 2014 election cycle, the ACLU contributed $1,500 to two federal candidates.

Candidate contributions made by the ACLU during the 2014 election cycle
Election cycle	Candidate	Party	State	Office	Total	Race outcome
2014	Shenna Bellows		ME	U.S. Senate	$1,000	d
2014	Dick Durbin		IL	U.S. Senate	$500	d

2012

2012: During the 2012 election cycle, the ACLU contributed $22,625 to federal candidates. Below are the top five contributions made by the ACLU during the 2012 election cycle.

Top five candidate contributions made by the ACLU during the 2012 election cycle
Election cycle	Candidate	Party	State	Office	Total	Race outcome
2012	Barack Obama		IL	President	$21,125	a
2012	Kelda Helen Roys		WI	U.S. House	$500	d
2012	Bill Foster		IL	U.S. House	$250	a
2012	Lois Frankel		FL	U.S. House	$250	a
2012	Hakeem Jeffries		NY	U.S. House	$250	a

Leadership

ACLU

National Board of Directors	National Advisory Council
80 members Overall governing and policy-making body Meets 4 times per year Contains committees that study issues and make recommendations to the Board	90 members, including prominent Americans of different fields Advises the Board of Directors on issues No decision-making power Members participate in Board's committees

The ACLU is led by two governing bodies, the National Board of Directors and the National Advisory Council. The board is responsible for making decisions about the activities and overall direction of the organization, while the advisory council offers opinions and advice to help the board make its decisions.

The national board is composed of one representative from each state-level affiliate of the ACLU, plus a number of "at-large" members from across the country. A complete and current list of ACLU board members can be found here. As a separate legal entity, the ACLU Foundation is managed by its own Board of Directors made up of selected members from the national board.

ACLU Foundation

As of May 2017, the Board of Directors of the ACLU Foundation included the following individuals:

• Claudia Angelos (New York)
• Deborah Archer (New York)
• Luz Buitrago (California)
• Ron Chen (New Jersey)
• Michele Goodwin (Minnesota)
• Susan Herman, President (New York)
• Mary Hernandez (Montana)
• Aundre Herron (California)
• Aly Kassam-Remtulla (New Jersey)
• M. Calien Lewis (Maine)
• Carols Mahoney (North Carolina)
• Robert Remar, Vice President/Secretary/Treasurer (Georgia)
• Ron Tyler, General Counsel (California)

Finances

The following is a breakdown of the ACLU's revenue and expenses for the 2010-2018 tax years:

Annual revenue and expenses for American Civil Liberties Union INC, 2010-2018
Tax Year	Total Revenue	Total Expenses
2018	$139,090,985	$145,927,989
2017	$144,422,305	$109,628,194
2016	$155,827,510	$66,421,592
2015	$42,801,693	$38,598,543
2014	$50,628,968	$41,974,931
2013	$36,933,127	$37,030,460
2012	$34,724,259	$36,898,765
2011	$33,858,928	$31,899,743
2010	$30,896,398	$28,867,481

The following is a breakdown of the ACLU Foundation's revenue and expenses for the 2010-2017 tax years:

Annual revenue and expenses for American Civil Liberties Union Foundation, 2010-2018
Tax Year	Total Revenue	Total Expenses
2018	$145,688,713	$125,245,122
2017	$146,251,550	$115,464,165
2016	$152,178,320	$120,961,465
2015	$95,262,843	$84,257,642
2014	$94,047,925	$85,678,343
2013	$70,273,661	$89,345,364
2012	$68,163,629	$74,213,958
2011	$80,607,745	$71,535,506
2010	$74,790,489	$70,165,716

Tax status

The American Civil Liberties Union is a 501(c)(4) tax-exempt nonprofit organization. Its 501(c) status refers to a section of the U.S. federal income tax code concerning social welfare organizations. Organizations that have been granted 501(c)(4) status by the Internal Revenue Service are exempt from federal income tax. Section 501(c) of the U.S. tax code has 29 sections listing specific conditions particular organizations must meet in order to be considered tax-exempt under the section. Unlike 501(c)(3) organizations, however, donations to 501(c)(4) organizations are not tax-deductible for the individual or corporation making the contribution. 501(c)(4) organizations may engage in political lobbying and political campaign activities. This includes donations to political committees that support or oppose ballot measures, bond issues, recalls, or referenda.

See also: 501(c)(4) organizations on Ballotpedia

The American Civil Liberties Union Foundation is a 501(c)(3) tax-exempt nonprofit organization. Its 501(c) designation refers to a section of the U.S. federal income tax code concerning charitable, religious, and educational organizations. Section 501(c) of the U.S. tax code has 29 sections that list specific conditions particular organizations must meet in order to be considered tax-exempt under the section. Organizations that have been granted 501(c)(3) status by the Internal Revenue Service are exempt from federal income tax. This exemption requires that any political activity by the charitable organization be nonpartisan in nature.

See also: 501(c)(3) organizations on Ballotpedia

Noteworthy cases

The following tables display a selection of notable cases that the ACLU has been involved in, whether through representation or serving as an amicus curiae.

Free speech

Name	Court	Majority author or presiding judge	Summary
Tinker v. Des Moines Independent Community School District (1969)	U.S. Supreme Court	Abe Fortas	Two siblings and a friend were suspended from school for wearing black armbands to protest the Vietnam War. The Court overturned the district court's decision, finding that the students were entitled to free speech that did not impede the course of educational proceedings.
Buckley v. Valeo (1976)	U.S. Supreme Court	Decided per curiam	The Federal Election Campaign Act as amended in 1974 was partially struck down by the Court, which found that unlimited spending in campaigns was protected by the First Amendment. The ACLU filed a brief on the petitioner's behalf arguing that unlimited monetary contributions to campaigns represents absolute free speech.
Reno v. ACLU (1997)	U.S. Supreme Court	John Paul Stevens	The Court struck down parts of the Communications Decency Act of 1996, which regulated the transmission of online pornography as to prevent access by minors. The majority stated that the Internet is akin to the press in being afforded full First Amendment protection of speech, although the provisions against obscenity and child pornography could be still enforced.

Equal protection

Name	Court	Majority author or presiding judge	Summary
Brown v. Board of Education (1954)	U.S. Supreme Court	Earl Warren	The court overturned the ruling in Plessy v. Ferguson (1986), finding that racial segregation in public schools violated the Equal Protection Clause of the Fourteenth Amendment.
Loving v. Virginia (1967)	U.S. Supreme Court	Earl Warren	An interracial couple was sentenced to one year in prison for violating Virginia's Racial Integrity Act of 1924. ACLU lawyer Bernard Cohen defended the couple. The Court found that the Virginia law violated the Equal Protection Clause.
Reed v. Reed (1971)	U.S. Supreme Court	Warren Burger	The Court struck down an Idaho law giving preferential treatment to men in deciding executors of estates, saying that the Equal Protection Clause prohibits sex-based discrimination.

Privacy

Name	Court	Majority author or presiding judge	Summary
Roe v. Wade (1973) Doe v. Bolton (1973)	U.S. Supreme Court	Harry Blackmun	The Court decided the cases the same day, ruling that the plaintiffs had their Fourteenth Amendment due process rights violated by state laws restricting abortion. The ACLU represented the plaintiff in the latter case.
Lawrence v. Texas (2003)	U.S. Supreme Court	Anthony Kennedy	The Court overturned the ruling in Bowers v. Hardwick (1986), which upheld Georgia's anti-sodomy law on the grounds that a constitutional protection for sexual privacy was not present. The Lawrence ruling, based on the Fourteenth Amendment, effectively struck down all state-level anti-sodomy laws.
Safford Unified School District v. Redding (2009)	U.S. Supreme Court	David Souter	The Court held that the Fourth Amendment rights of a middle schooler were violated when school officials strip-searched her for drugs.

Religious freedom

Name	Court	Majority author or presiding judge	Summary
Tennessee v. Scopes (a/k/a the Scopes Monkey Trial) (1925) Scopes v. Tennessee (1927)	Tennessee Criminal Court Tennessee Supreme Court	John T. Raulston Grafton Green	John Scopes, a biology teacher, was charged with violating Tennessee's ban on the teaching of evolution. Scopes was convicted and fined $100; his trial served more as a high-profile ideological showdown between William Jennings Bryan for the prosecution and ACLU lawyer Clarence Darrow (who infamously cross-examined Bryan) for the defense. Scopes and Darrow appealed unsuccessfully, but the conviction was overturned on a technicality: the county judge decided the fine, not the jury as prescribed.
Wallace v. Jaffree (1985)	U.S. Supreme Court	John Paul Stevens	The Supreme Court overturned Alabama's "moment of silence" law, intended for public school students to briefly undertake "meditation or voluntary prayer" on First Amendment grounds.
Kitzmiller v. Dover Area School District (2005)	United States District Court for the Middle District of Pennsylvania	John E. Jones	A district court ruled that the teaching of intelligent design in public schools violated the Establishment Clause of the First Amendment.

Political activity

Ballot measure activity

The American Civil Liberties Union (ACLU) has taken positions on ballot measures. You can access Ballotpedia’s list of ACLU ballot measure positions here: American Civil Liberties Union (ACLU) ballot measure positions

Noteworthy events

ACLU v. South Carolina Election Commission (SEC) and Governor Henry McMaster

See also: Political responses to the coronavirus (COVID-19) pandemic, 2020

Coronavirus pandemic
Select a topic from the dropdown below to learn more. Political responses overviewState reopening plansDocumenting America's Path to RecoveryElection changesChanges to vote-by-mail and absentee voting proceduresFederal responsesState responsesState executive ordersStay-at-home ordersMultistate agreementsNon-governmental reopening plansEvictions and foreclosures policiesTravel restrictionsEnacted state legislationState legislative session changesSchool closuresState court closuresInmate releasesLocal government responsesDiagnosed or quarantined politiciansBallot measure changesArguments about government responsesThe 1918 influenza pandemicPandemic Response Accountability CommitteeUnemployment filingsLawsuitsBallotpedia's polling on the coronavirus pandemicSubmit

The American Civil Liberties Union, ACLU of South Carolina, and NAACP Legal Defense and Educational Fund have filed a federal lawsuit on April 22, 2020, against the South Carolina Election Commission (SEC) and South Carolina Governor Henry McMaster (R). The ACLU argued that voters should be able to vote by mail during the coronavirus pandemic and that voters should not have to choose between their health and their right to vote.

ACLU v. ICE, DHS

The ACLU filed a national class-action lawsuit against multiple federal government agencies, including Immigrants and Customs Enforcement (ICE), the Department of Homeland Security (DHS), Customs and Border Protection, and the Office of Refugee Resettlement, on March 9, 2018. The suit, filed in the U.S. District Court for the Southern District of California, accused the federal government of unlawfully separating asylum-seeking parents and children without presenting evidence that the parent presented a danger to the child. The suit is an expansion of an earlier lawsuit brought by the ACLU on behalf of a Congolese mother and her 7-year-old child who were detained separately.

The lawsuit asked a judge to declare family separation unlawful.

Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, said in a statement, "Whether or not the Trump administration wants to call this a 'policy,' it certainly is engaged in a widespread practice of tearing children away from their parents. A national class-action lawsuit is appropriate because this is a national practice."

DHS Press Secretary Tyler Houlton reportedly said, "We ask that members of the public and media view advocacy group claims that we are separating women and children for reasons other than to protect the child with the level of skepticism they deserve."

Wikimedia Foundation v. NSA

On March 10, 2015, the ACLU filed a lawsuit against the United States National Security Agency (NSA) on behalf of a group of nonprofit organizations. The plaintiffs in Wikimedia Foundation, et al. v. NSA, et al. contended that the NSA's practice of "upstream" internet surveillance violated their Fourth Amendment right to privacy and infringed on their First Amendment rights while exceeding the Congressional authority granted by the FISA Amendments Act.

The central issue in this case was a practice that the NSA used to tap into online communications involving Americans and foreigners. The practice is known as "upstream" surveillance because the Internet traffic that the NSA intercepted and analyzed was obtained close to the source, with the help of major telecommunications companies. The NSA claimed spying authority under the FISA Amendments Act of 2008, while the ACLU contended that the organization's warrantless review process illegally probed the email and Internet communications of millions of Americans.

The lawsuit was filed in federal district court in Maryland where the NSA is headquartered. The 9 plaintiffs that the ACLU represented in this case were Wikimedia Foundation, the Rutherford Institute, The Nation magazine, Amnesty International USA, PEN American Center, Human Rights Watch, the National Association of Criminal Defense Lawyers, Global Fund for Women, and the Washington Office on Latin America. Defendants included the NSA, the U.S. Department of Justice, Director of National Intelligence James R. Clapper and former Attorney General Eric Holder.

Recent news

The link below is to the most recent stories in a Google news search for the terms American Civil Liberties Union. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

American Civil Liberties Union - Google News

See also

• 501(c)(3)
• 501(c)(4)
• Nonprofit organization

External links

• American Civil Liberties Union
• RSS feed
• GuideStar nonprofit profiles:
  • ACLU
  • ACLU Foundation
• Social media:
  • Facebook
  • Twitter
  • YouTube