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The American Civil Liberties Union (ACLU) is a nonprofit, nonpartisan organization founded in 1920 by Roger Baldwin, Crystal Eastman, and Albert DeSilver. It was created to protect the liberties granted by the U.S. Constitution's Bill of Rights, plus the 13th, 14th, 15th, and 19th Amendments. These civil rights amendments generally protect and provide for freedom of speech, association, and assembly; freedom of the press; and freedom of religion. The Bill of Rights also established the right to equal protection under law that includes equal treatment regardless of race, sex, religion, or national origin and the right to due process characterized by fair treatment by the government whenever loss of liberty or property is at stake. Finally, the right to privacy includes freedom from unwanted government intrusion into private and personal affairs.

History

The formation of the ACLU coincided with a range of social issues that arose from U.S. involvement in World War I. One of the most pressing issues was over conscription. It soon became clear that a draft was inevitable, raising the problem of how to deal with conscientious objectors. Different organizations attempted to aid the nonexempted conscientious objectors, many of whom received harsh treatment in prison and had their mail censored by the postmaster general. Further legal scrutiny came as the Espionage Act limited or outlawed such constitutionally protected issues as freedom of the press and association.

After World War I, the ACLU shifted its effort and concern from conscientious objectors to protecting labor. Specifically, leftist movements including the communist party, the socialist party, the unions, and also mainstream labor movements were now seen as a threatening move toward the entrenched political mainstream. Roger Baldwin, who had been involved in protecting the rights of conscientious objectors and had even served jail time himself for refusing to submit to the draft, decided that organizations that once focused on the war now must focus on labor. It was at this point in 1920 that Roger Baldwin with Albert DeSilver formed the ACLU.

Fear of growing numbers of Communists and other people with political associations considered radical combined with a series of mail bombs drove Attorney General A. Mitchell Palmer to provide legislation that would justify government actions known as “Palmer raids.” Palmer raids were conducted on groups or individuals with radical political association where property or persons were detained without ever being charged or having seen a judge or jury. At first, the public appeared to support Palmer raids, but after the newly formed ACLU published accounts of them and accused the government of violating the Fourth, Fifth, Sixth, and Eighth Amendments of the Bill of Rights, public support diminished. Although the ACLU initially formed to protect labor, it became readily apparent that the ACLU would soon work to protect the rights of people whose constitutionally protected freedoms were being violated.

Criminal Justice

The ACLU tackles many general issues under the umbrella of criminal justice including but not limited to juvenile justice, the death penalty, indigent defense, racial bias, police practices, search and seizure, sentencing, prisons, prisoner rights, and the war on drugs. The wing that deals specifically with prisons is known as the National Prison Project.

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