The American Civil Liberties Union (ACLU) stands as a prominent nonprofit organization, established in 1920 amidst a period of significant social and political change in the United States, including the post-World War I Red Scare. Its foundational mission, articulated at its inception, is resolute: "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." This encompasses a broad spectrum of fundamental freedoms, from freedom of speech and religion to due process and privacy rights, ensuring that the government’s power is limited and individual freedoms are protected.

How the ACLU Operates: Litigation and Advocacy

The ACLU executes its expansive mission through a multifaceted approach, primarily focusing on strategic litigation and influential lobbying efforts. This dual strategy allows the organization to effect change both within the judicial system and through legislative processes.

• Litigation: The ACLU is renowned for its direct legal representation, often taking on landmark cases that challenge governmental actions or laws perceived as infringing upon civil liberties. This can involve filing lawsuits on behalf of individuals or groups whose rights have been violated, seeking injunctive relief, damages, or the overturning of unconstitutional statutes.
• Lobbying: Beyond the courtroom, the ACLU actively engages in lobbying, advocating for policy positions and legislative changes established by its board of directors. This involves direct communication with lawmakers, participation in public policy debates, and mobilizing public support to influence the creation and amendment of laws at both federal and state levels.

As of July 2018, the organization boasted an impressive membership base exceeding 1,800,000 individuals, underscoring its broad public support. Its substantial annual budget, surpassing $300 million, enables it to sustain its wide-ranging legal and advocacy initiatives across the nation.

Nationwide Reach and Local Impact

The ACLU's commitment to protecting civil liberties extends nationwide, with a robust network of affiliates active in all 50 states, the District of Columbia, and Puerto Rico. These local affiliates play a crucial role in identifying and addressing state-specific civil liberties challenges, providing localized legal assistance and advocacy that is tailored to regional needs while operating under the overarching mission of the national organization. This decentralized structure allows the ACLU to respond effectively to issues ranging from local police misconduct to state legislative proposals impacting fundamental rights.

Legal Assistance and Amicus Curiae Briefs

At the core of the ACLU's work is its provision of legal assistance in instances where it identifies civil liberties as being at risk. This legal support can manifest in several critical forms, demonstrating the organization’s versatility in defending constitutional rights:

• Direct Legal Representation: In many cases, the ACLU provides direct legal counsel and representation to individuals or groups, guiding them through the legal process from initial complaint to court proceedings and appeals.
• Amicus Curiae Briefs: Even when another law firm or legal entity is already representing a party, the ACLU frequently contributes by preparing and filing "amicus curiae" (friend of the court) briefs. These briefs offer legal arguments, research, and expert perspectives to the court, aiming to influence the outcome of a case by highlighting broader civil liberties implications or providing additional legal reasoning that might not otherwise be presented. This strategy allows the ACLU to impact a wider range of cases and ensure that civil liberties arguments are robustly considered by the judiciary.

Key Policy Stances and Advocacy Areas

In addition to its intensive litigation work, the ACLU consistently lobbies for policy positions that reflect its commitment to upholding fundamental rights and social justice. These positions are carefully developed and ratified by its board of directors, guiding its advocacy efforts across various critical domains:

• Opposing the Death Penalty: The ACLU advocates for the abolition of capital punishment, citing concerns about its irreversible nature, potential for wrongful convictions, disproportionate application based on race and socioeconomic status, and its classification as cruel and unusual punishment.
• Supporting LGBTQ+ Rights: This includes advocating for marriage equality for same-sex couples, securing adoption rights for LGBT individuals, and working to eliminate all forms of discrimination based on sexual orientation and gender identity in areas such as employment, housing, and public accommodations.
• Defending Reproductive Rights: The organization champions access to comprehensive reproductive healthcare, including contraception and abortion rights, asserting that decisions about one's body and family planning are fundamental aspects of personal autonomy and privacy.
• Eliminating Discrimination: A core tenet of the ACLU's work involves combating discrimination in all its forms, particularly against women, racial and ethnic minorities, and LGBT people. This encompasses advocating for equal opportunities and challenging discriminatory practices in various societal sectors.
• Promoting Decarceration and Prisoner Rights: The ACLU seeks to reduce the alarmingly high incarceration rates in the United States through criminal justice reform initiatives. Simultaneously, it actively supports the rights of prisoners, working to ensure humane treatment, due process, and rehabilitation, while vigorously opposing all forms of torture and abusive practices within the penal system.
• Upholding Separation of Church and State: A cornerstone of religious freedom, the ACLU defends the constitutional principle of separation of church and state. This involves opposing government actions that would give preference to religion over non-religion, or to particular faiths over others, ensuring that religious freedom is protected for all citizens, regardless of their beliefs.

Understanding the ACLU's Dual Structure: 501(c)(3) vs. 501(c)(4)

Legally, the American Civil Liberties Union operates as two distinct yet intricately linked nonprofit entities, a structure designed to maximize its impact across litigation, advocacy, and public education while adhering to differing IRS regulations. These are:

The American Civil Liberties Union (ACLU) – A 501(c)(4) Social Welfare Group

This entity focuses on social welfare activities, which crucially includes the ability to engage in unlimited political lobbying. While essential for influencing legislation and public policy, donations made directly to this 501(c)(4) organization are generally not tax-deductible for donors.

The ACLU Foundation – A 501(c)(3) Public Charity

The Foundation is classified as a public charity, concentrating primarily on charitable, educational, and legal work. A significant advantage of this classification is that donations made to the ACLU Foundation are tax-deductible under federal law. However, as a 501(c)(3) organization, it faces stricter limitations on the amount of lobbying it can undertake compared to its 501(c)(4) counterpart. Both organizations, despite their distinct legal classifications and financial implications for donors, share office space and employees, enabling seamless coordination in their shared pursuit of civil rights and liberties.

Frequently Asked Questions About the ACLU

What is the primary mission of the American Civil Liberties Union (ACLU)?

The ACLU's core mission is to defend and preserve the individual rights and liberties guaranteed to every person in the United States by the Constitution and laws, encompassing freedoms such as speech, religion, privacy, and due process.

How does the ACLU work to achieve its goals?

The ACLU primarily works through litigation, providing direct legal representation and filing "amicus curiae" briefs, and through lobbying, advocating for policy positions to influence legislation at all levels of government.

Is the ACLU present in all states?

Yes, the ACLU maintains a robust nationwide presence with active affiliates in all 50 states, the District of Columbia, and Puerto Rico, addressing civil liberties issues at both local and national levels.

Are donations to the ACLU tax-deductible?

Donations made to the ACLU Foundation, which is a 501(c)(3) public charity, are tax-deductible. However, donations to the American Civil Liberties Union, structured as a 501(c)(4) social welfare group, are generally not tax-deductible, though this entity is crucial for its lobbying efforts.

What are some key issues the ACLU advocates for?

The ACLU champions a wide range of issues including opposing the death penalty, supporting LGBTQ+ rights, defending reproductive rights, combating discrimination against women and minorities, advocating for criminal justice reform and prisoner rights, and upholding the separation of church and state.