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140-469: Founded as the Daily Pebble , the format of the small daily grew and became The Marion Daily Star . Harding acquired the struggling newspaper in 1884, for $ 300 with Johnny Sickel and Jack Warwick. Not long after the joint purchase, Harding became sole owner, with Sickel exiting out of frustration with the available equipment, and Warwick leaving for work on a bigger city paper. Harding began editing at

280-791: A 501(c)(4) corporation–called ACLU–which is entitled to lobby. Both organizations share staff and offices. ACLU affiliates are the basic unit of the ACLU's organization and engage in litigation, lobbying, and public education. For example, in 2020, the ACLU's New Jersey chapter argued 26 cases before the New Jersey Supreme Court , about one-third of the total cases heard in that court. They sent over 50,000 emails to officials or agencies and had 28 full-time staff. A leaked ACLU memo from June 2018 said that speech that can "inflict serious harms" and "impede progress toward equality" may be

420-399: A barrage of local ordinances that banned screenings deemed immoral or obscene. Even public health films portraying pregnancy and birth were banned, as was Life magazine's April 11, 1938, issue, which included photos of the birth process. The ACLU fought these bans but did not prevail. The Catholic Church attained increasing political influence in the 1930s; it used its influence to promote

560-435: A condition that occurred before age 26 can save up to $ 100,000 without risking eligibility for Social Security and other government programs. They can also keep their Medicaid coverage no matter how much money they accrue in their ABLE account. Under current gift-tax limitations as of 2014, as much as $ 14,000 could be deposited annually. However, each state must put regulations in place so that financial institutions can make

700-522: A contentious six-hour debate – Flynn was voted off the ACLU's board. The 1940 resolution was considered by many to be a betrayal of its fundamental principles. The resolution was rescinded in 1968, and Flynn was posthumously reinstated to the ACLU in 1970. The ACLU had a decidedly mixed civil liberties record during World War II. While there were far fewer sedition prosecutions than in World War I, this did not mean that President Roosevelt

840-472: A county demanding the removal of a Ten Commandments display from its courthouse; a second Ten Commandments case in the state, in a different county, led to a $ 74,462 judgment. The State of Tennessee was required to pay $ 50,000, the State of Alabama $ 175,000, and the State of Kentucky $ 121,500, in similar Ten Commandments cases. Most of the organization's workload is performed by its local affiliates. There

980-590: A crime." The De Jonge case marked the start of an era lasting for a dozen years, during which Roosevelt appointees (led by Hugo Black , William O. Douglas , and Frank Murphy ) established a body of civil liberties law. In 1938, Justice Harlan F. Stone wrote the famous "footnote four" in United States v. Carolene Products Co. in which he suggested that state laws which impede civil liberties would – henceforth – require compelling justification. Senator Robert F. Wagner proposed

1120-509: A legal aid society centered on store front offices in low-income neighborhoods. The ACLU directors rejected that proposal. Other ACLU members wanted the ACLU to shift focus into the political arena and be more willing to compromise their ideals to strike deals with politicians. The ACLU leadership also rejected this initiative. The ACLU's support of defendants with unpopular, sometimes extreme, viewpoints has produced many landmark court cases and established new civil liberties. One such defendant

1260-552: A lower priority for the organization. The ACLU opposes any effort to create a national registry of gun owners and has worked with the National Rifle Association of America to prevent a registry from being created, and it has favored protecting the right to carry guns under the 4th Amendment. The ACLU opposes state censorship of the Confederate flag . A variety of persons and organizations support

1400-465: A more active role in protecting civil liberties—was De Jonge v. Oregon , in which a communist labor organizer was arrested for calling a meeting to discuss unionization. The ACLU attorney Osmond Fraenkel , working with International Labor Defense , defended De Jonge in 1937 and won a major victory when the Supreme Court ruled that "peaceable assembly for lawful discussion cannot be made

1540-842: A new name, the American Civil Liberties Union. Although a handful of other organizations in the United States at that time focused on civil rights, such as the National Association for the Advancement of Colored People ( NAACP ) and Anti-Defamation League (ADL), the ACLU was the first that did not represent a particular group of persons or a single theme. Like the CLB, the NAACP pursued litigation to work on civil rights, including efforts to overturn

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1680-578: A newspaper from publishing, simply because the newspaper had a reputation for being scandalous. The late 1930s saw the emergence of a new era of tolerance in the United States. National leaders hailed the Bill of Rights , particularly as it protected minorities, as the essence of democracy. The 1939 Supreme Court decision in Hague v. Committee for Industrial Organization affirmed the right of communists to promote their cause. Even conservative elements, such as

1820-698: A part of domestic law. There are also cases that explicitly require legislative approval according to the Constitution, such as cases that could commit the U.S. to declare war or appropriate funds. Treaties regarding human rights, which create a duty to refrain from acting in a particular manner or confer specific rights, are generally held to be self-executing, requiring no further legislative action. In cases where legislative bodies refuse to recognize otherwise self-executing treaties by declaring them to be non-self-executing in an act of legislative non-recognition, constitutional scholars argue that such acts violate

1960-551: A personal friend of Luke E. Hart , the then–Supreme Advocate and future Supreme Knight of the Knights of Columbus , offered to join forces with the Knights to challenge the law. The Knights of Columbus pledged an immediate $ 10,000 to fight the law and any additional funds necessary to defeat it. The case became known as Pierce v. Society of Sisters , a United States Supreme Court decision that significantly expanded coverage of

2100-565: A report in 1947 initializing the possibility to apply the UN charter in order to combat racial discrimination in the US. Now that the United States had successfully adopted the UDHR, obviously it seemed like human rights would play a leading part in domestic law within the US. Still there was harsh controversy over the question whether to apply international law on the inner-land-basis. William H. Fitzpatrick won

2240-679: A town, state, or federal agency may be required to change its laws or behave differently, but not to pay monetary damages except by an explicit statutory waiver. In some cases, the law permits plaintiffs who successfully sue government agencies to collect money damages or other monetary relief. In particular, the Civil Rights Attorney's Fees Award Act of 1976 leaves the government liable in some civil rights cases. Fee awards under this civil rights statute are considered "equitable relief" rather than damages, and government entities are not immune from equitable relief. Under laws such as this,

2380-505: Is a leading State in formulating international human rights standards, is allowing its women to lag behind”. According to the report of HRW, The patchwork of healthcare coverage in the Trump administration caused the loss of insurance for many women and girls who are at risk of deadly diseases such as gynecological cancer. In June 2022, the U.S. Supreme Court eliminated the constitutional right to an abortion , allowing states to criminalize

2520-628: Is at least one affiliate organization in each state, as well as one in Washington, D.C. , and in Puerto Rico . California has three affiliates. The affiliates operate autonomously from the national organization; each affiliate has its own staff, executive director, board of directors, and budget. Each affiliate consists of two non-profit corporations: a 501(c)(3) corporation–called the ACLU Foundation–that does not perform lobbying, and

2660-491: Is constitutionally protected. According to Supreme Court precedent, the federal and lower governments may not apply prior restraint to expression, with certain exceptions, such as national security and obscenity. Legal limits on expression include: Some laws remain controversial due to concerns that they infringe on freedom of expression. These include the Digital Millennium Copyright Act and

2800-447: Is little worry in the United States about the effect that human rights might have on its domestic law. Over the past few decades, the United States government has often held itself up as a strong supporter of human rights in the international arena. Nonetheless, in the view of the government human rights are still an international rather than a domestic phenomenon – representing more of choice than obligation. Having today overcome many of

2940-697: Is not explicitly stated in the United States Constitution. In the Griswold v. Connecticut case, the Supreme Court ruled that it is implied in the Constitution. In Cruzan v. Director, Missouri Department of Health case, the Supreme Court held that the patient had a right of privacy to terminate medical treatment. In Gonzales v. Oregon , the Supreme Court held that the Federal Controlled Substances Act can not prohibit physician-assisted suicide allowed by

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3080-405: Is one such case, which, while ratified after more than two decades of inaction, was done so with reservations, understandings, and declarations. Under the principle of pacta sunt servanda , a country may not invoke provisions of its domestic laws or constitution as justification for failure to comply with its international law obligations. Therefore, if a human rights treaty has been ratified by

3220-466: Is perhaps the most prominent civil rights legislation enacted in modern times, has served as a model for subsequent anti-discrimination laws and has greatly expanded civil rights protections in a wide variety of settings. The 1991 provision created recourse for victims of such discrimination for punitive damages and full back pay. In addition to individual civil recourse, the United States possesses anti-discrimination government enforcement bodies, such as

3360-588: The American Bar Association , began to campaign for civil liberties, which were long considered to be the domain of left-leaning organizations. By 1940, the ACLU had achieved many of the goals it set in the 1920s, and many of its policies were the law of the land. In 1929, after the Scopes and Dennett victories, Baldwin perceived that there was vast, untapped support for civil liberties in the United States. Baldwin proposed an expansion program for

3500-647: The American Legion , the National Civic Federation , and Industrial Defense Association and the Allied Patriotic Societies. ACLU leadership was divided on how to challenge civil rights violations. One faction, including Baldwin, Arthur Garfield Hays , and Norman Thomas , believed that direct, militant action was the best path. Another group, including Walter Nelles and Walter Pollak , felt that lawsuits taken to

3640-517: The Bipartisan Campaign Reform Act . In two high-profile cases, grand juries have decided that Time magazine reporter Matthew Cooper and New York Times reporter Judith Miller must reveal their sources in cases involving CIA leaks. Time magazine exhausted its legal appeals, and Mr. Cooper eventually agreed to testify. Miller was jailed for 85 days before cooperating. U.S. District Chief Judge Thomas F. Hogan ruled that

3780-595: The CRA and permits plaintiffs to recover punitive damages . The ADA has been instrumental in the evolution of disability discrimination law in the United States. Although ADA Title I was found to be unconstitutional , the Supreme Court has extended the protection to people with Acquired immune deficiency syndrome (AIDS). Federal benefits such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are often administratively viewed in

3920-610: The Communist Party USA , leading it to be the primary client of the ACLU. At the same time, the Communists were very aggressive in their tactics, often engaging in illegal conduct such as denying their party membership under oath. This led to frequent conflicts between the Communists and ACLU. Communist leaders sometimes attacked the ACLU, particularly when the ACLU defended the free speech rights of conservatives, whereas Communists tried to disrupt speeches by critics of

4060-584: The Constitution of the United States (particularly by the Bill of Rights ), state constitutions , treaty and customary international law , legislation enacted by Congress and state legislatures , and state referendums and citizen's initiatives . The Federal Government has, through a ratified constitution , guaranteed unalienable rights to its citizens and (to some degree) non-citizens. These rights have evolved over time through constitutional amendments, legislation, and judicial precedent . Along with

4200-671: The Dawes Act of 1887 and the Indian Citizenship Act of 1924 . Following the 2008 presidential election, Barack Obama was sworn in as the first African-American president of the United States on January 20, 2009. In his Inaugural Address, President Obama stated "A man whose father less than 60 years ago might not have been served at a local restaurant can now stand before you to take a most sacred oath ... So let us mark this day with remembrance, of who we are and how far we have traveled". The Nineteenth Amendment to

4340-583: The Due Process Clause in the Fourteenth Amendment . In a unanimous decision, the court held that the act was unconstitutional and that parents, not the state, had the authority to educate children as they thought best. It upheld the religious freedom of parents to educate their children in religious schools. Leaders of the ACLU were divided on the best tactics to use to promote civil liberties. Felix Frankfurter felt that legislation

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4480-619: The Equal Employment Opportunity Commission . Beginning in 1965, the United States also began a program of affirmative action that not only obliges employers not to discriminate, but requires them to provide preferences for groups protected under the Civil Rights Act to increase their numbers where they are judged to be underrepresented. Such affirmative action programs are also applied in college admissions. The United States also prohibits

4620-498: The Garland Fund . Lucille Bernheimer Milner was cofounder of the American Civil Liberties Union. She also served for a time as Executive Secretary. During the 1920s, the ACLU's primary focus was on freedom of speech in general and speech within the labor movement particularly. Because most of the ACLU's efforts were associated with the labor movement, the ACLU itself came under heavy attack from conservative groups, such as

4760-596: The National Labor Relations Act in 1935, which empowered workers to unionize. Ironically, after 15 years of fighting for workers' rights, the ACLU initially opposed the act (it later took no stand on the legislation) because some ACLU leaders feared the increased power the bill gave to the government. The newly formed National Labor Relations Board (NLRB) posed a dilemma for the ACLU because, in 1937, it issued an order to Henry Ford , prohibiting Ford from disseminating anti-union literature. Part of

4900-482: The National Organization for Women . The ACLU has been criticized by liberals such as when it excluded communists from its leadership ranks, when it defended Neo-Nazis , when it declined to defend Paul Robeson , or when it opposed the passage of the National Labor Relations Act . In 2014, an ACLU affiliate supported anti-Islam protesters, and in 2018 the ACLU was criticized when it supported

5040-623: The New Deal to combat the depression. ACLU leaders were of mixed opinions about the New Deal since many felt that it represented an increase in government intervention into personal affairs and because the National Recovery Administration suspended antitrust legislation. The economic policies of the New Deal leaders were often aligned with ACLU goals, but social goals were not. In particular, movies were subject to

5180-599: The Nineteenth Amendment to definitively prohibit discrimination against women's suffrage. In the 1970s, the Burger Court made a series of rulings clarifying that discrimination against women in the status of being Persons violated the Constitution and acknowledged that previous court rulings to the contrary had been Sui generis and an abuse of power. The most often cited of these is Reed v. Reed , which held that any discrimination against either sex in

5320-602: The Oregon Death with Dignity Act . The Supreme Court in Lawrence v. Texas 539 U.S. 558 (2003) established the right to sexual privacy. The US does not restrict the use of encryption among its citizens, Global Partners Digital ranks the US in the top category (Minimal Restrictions) for respecting the rights of individuals to use encryption. The United States maintains a presumption of innocence in legal procedures. The Fourth , Fifth , Sixth Amendment to

5460-681: The Press Freedom Index , published by Reporters Without Borders , put the U.S. 55th out of 180 countries in 2024, the Democracy Index, published by the Economist Intelligence Unit , classifies the United States as a "flawed democracy". Despite its rankings, human rights issues still arise. The first human rights organization in the Thirteen Colonies of British America , dedicated to

5600-608: The Pulitzer Prize for editorial writing in 1951 for his editorials that repeatedly warned against international human rights overthrowing the supreme law of the land. Indeed, Fitzpatrick's concerns and motivations – as well as those of his readers – stood for the longstanding, bitter social and political struggles that divided much of the United States at the time, keeping in mind that in the 1940s and 1950s racial divisions, political exclusion, and gender inequalities were basic facts of American social life. However, today there

5740-1212: The United Nations Human Rights Council A/HRC/RES/17/19 . The United States federal government signed the United Nations 2006 and 2008 Joint Statements . The United States federal government voted in the United Nations Security Council in favor of SC/12399. According to the Human Rights Commission of the City and County of San Francisco, as of 2005, Intersex people in the United States have gaps in protections for physical integrity and bodily autonomy, particularly in protection from non-consensual cosmetic medical interventions and violence, and protection from discrimination. Actions by intersex civil society organizations aim to eliminate harmful practices, promote social acceptance, and equality. In recent years, intersex activists have also secured some forms of legal recognition. Privacy

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5880-524: The disfranchisement of African Americans in the South that had taken place since the turn of the century. During the first decades of the ACLU, Baldwin continued as its leader. His charisma and energy attracted many supporters to the ACLU board and leadership ranks. The ACLU was directed by an executive committee and was not particularly democratic or egalitarian. New Yorkers dominated the ACLU's headquarters. Most ACLU funding came from philanthropies, such as

6020-723: The living wage threshold, often discovers that government benefits they were previously entitled to have ceased, because supposedly the new job "invalidates" the need for this assistance. However, the Stephen Beck, Jr. Achieving a Better Life Experience Act of 2014 (the ABLE Act) amended Section 529 of the Internal Revenue Service Code of 1986 to create tax-free savings accounts (ABLE accounts) for qualified expenses, and with these accounts (each person may have only one account) people with disabilities who have

6160-420: The right of LGBT people to adopt ; supporting reproductive rights such as birth control and abortion rights ; eliminating discrimination against women, minorities , and LGBT people; decarceration in the United States ; protecting housing and employment rights of veterans ; reforming sex offender registries and protecting housing and employment rights of convicted first-time offenders; supporting

6300-422: The rights of prisoners and opposing torture ; upholding the separation of church and state by opposing government preference for religion over non-religion or for particular faiths over others; and supporting the legality of gender-affirming treatments, including those that are government funded, for trans youth. Legally, the ACLU consists of two separate but closely affiliated nonprofit organizations, namely

6440-429: The "Person" status of men, sometimes pursuant to the common law concept of a femme sole . Over the years, a variety of claimants sought to assert that discrimination against women in voting, in property ownership, in occupational license, and other matters was unconstitutional given the Constitution's use of the term "Person", but the all-male courts did not give this fair hearing. See, e.g., Bradwell v. Illinois . In

6580-522: The 1860s, after decades of conflict over southern states' continued practice of slavery, and northern states' outlawing it, the Civil War was fought, and in its aftermath the Constitution was amended to prohibit slavery and to prohibit states' denying rights granted in the Constitution. Among these amendments was the Fourteenth Amendment , which included an Equal Protection Clause which seemed to clarify that courts and states were prohibited in narrowing

6720-522: The 1890s into the 1910s when it was discontinued. The Hardings retained ownership in the paper until mid-1923 when they sold the business to Brush-Moore Newspapers . For a number of years, the paper was part of the Thompson Newspaper chain based in Canada , who acquired Brush-Moore Newspapers in 1967. Under their ownership, the name was briefly changed to The Star in an attempt to broaden

6860-420: The 40 OECD countries ranked the United States the worst for paid maternity leave. The United States has the highest maternal mortality rate in the developed world, with a rate of nearly 33 maternal deaths per 100,000 live births. The rate rose nearly 40% in 2021 and has more than quadrupled since the 1990s. The United States has the highest female incarceration rate in the world, housing nearly one-third of

7000-557: The ABLE accounts available, and there is no guarantee a particular state will do so. The United States federal government voted in the United Nations General Assembly in favor of all LGBTQ+ protection resolutions, including A/RES/57/214, A/RES/59/197, abstained A/RES/61/173, A/RES/63/182, A/RES/65/208, A/RES/67/168, and in favor of A/RES/69/182. The United States federal government also voted in favor of

7140-577: The ACLU Foundation, on average, has accounted for roughly 70% of the combined budget, and the ACLU roughly 30%. The ACLU solicits donations to its charitable foundation. The local affiliates solicit their own funding; however, some also receive funds from the national ACLU, with the distribution and amount of such assistance varying from state to state. At its discretion, the national organization provides subsidies to smaller affiliates that lack sufficient resources to be self-sustaining; for example,

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7280-522: The ACLU and its state affiliates sometimes share in monetary judgments against government agencies. In 2006, the Public Expressions of Religion Protection Act sought to prevent monetary judgments in the particular case of violations of church-state separation. The ACLU has received court-awarded fees from opponents; for example, the Georgia affiliate was awarded $ 150,000 in fees after suing

7420-488: The ACLU by a major US newspaper. The ACLU continued to fight for the separation of church and state in schoolrooms, decade after decade, including the 1982 case McLean v. Arkansas and the 2005 case Kitzmiller v. Dover Area School District . Baldwin was involved in a significant free speech victory of the 1920s after he was arrested for attempting to speak at a rally of striking mill workers in New Jersey. Although

7560-436: The ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions established by its board of directors. The ACLU's current positions include opposing the death penalty ; supporting same-sex marriage and

7700-427: The ACLU does not always agree on policy decisions; differences of opinion within the ACLU leadership have sometimes grown into major debates. In 1937, an internal debate erupted over whether to defend Henry Ford 's right to distribute anti-union literature. In 1939, a heated debate took place over whether to prohibit communists from serving in ACLU leadership roles. During the early 1950s and Cold War McCarthyism ,

7840-465: The ACLU from Communism; opposing them were Harry F. Ward, Corliss Lamont , and Elizabeth Gurley Flynn , who rejected any political test for ACLU leadership. A bitter struggle ensued throughout 1939, and the anti-Communists prevailed in February 1940 when the board voted to prohibit anyone who supported totalitarianism from ACLU leadership roles. Ward immediately resigned, and – following

7980-492: The ACLU leadership habitually took the side of labor, and that faction supported the NLRB's action. But part of the ACLU supported Ford's right to free speech. ACLU leader Arthur Garfield Hays proposed a compromise (supporting the auto workers union, yet also endorsing Ford's right to express personal opinions), but the schism highlighted a deeper divide that would become more prominent in the years to come. The ACLU's support of

8120-515: The ACLU lobbied for the passage of the Indian Reorganization Act , which restored some autonomy to Native American tribes, and established penalties for kidnapping Native American children. Although the ACLU deferred to the NAACP for litigation promoting civil liberties for African Americans, the ACLU engaged in educational efforts and published Black Justice in 1931, a report which documented institutional racism throughout

8260-797: The ACLU represents an individual or organization that promotes offensive or unpopular viewpoints, such as the Ku Klux Klan , neo-Nazis, the Nation of Islam , the North American Man/Boy Love Association , the Westboro Baptist Church or the Unite the Right rally . The ACLU's official policy is "... [we have] represented or defended individuals engaged in some truly offensive speech. We have defended

8400-517: The ACLU to broaden their freedom of speech efforts beyond labor and political speech to encompass movies, press, radio, and literature. The ACLU formed the National Committee on Freedom from Censorship in 1931 to coordinate this effort. By the early 1930s, censorship in the United States was diminishing. Two major victories in the 1930s cemented the ACLU's campaign to promote free speech. In Stromberg v. California , decided in 1931,

8540-668: The ACLU was founded – it had achieved significant success; the Supreme Court had embraced the free speech principles espoused by the ACLU, and the general public was becoming more supportive of civil rights in general. But the Great Depression brought new assaults on civil liberties; the year 1930 saw a large increase in the number of free speech prosecutions, a doubling of the number of lynchings, and all meetings of unemployed persons were banned in Philadelphia. The Franklin D. Roosevelt administration proposed

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8680-453: The ACLU was mentioned several times, leading the HUAC to mention the ACLU prominently in its 1939 report. This damaged the ACLU's reputation severely, even though the report said that it could not "definitely state whether or not" the ACLU was a Communist organization. While the ACLU rushed to defend its image against allegations of being a Communist front, it also protected witnesses harassed by

8820-696: The ACLU were hostile towards Nazism and fascism and objected when the ACLU defended Nazis. The ACLU defended numerous pro-Nazi groups, defending their rights to free speech and free association. In the late 1930s, the ACLU allied itself with the Popular Front , a coalition of liberal organizations coordinated by the United States Communist Party . The ACLU benefited because affiliates from the Popular Front could often fight local civil rights battles much more effectively than

8960-496: The ACLU's board of directors, leads fundraising, and facilitates policy-setting. The executive director manages the day-to-day operations of the organization. The board of directors consists of 80 persons, including representatives from each state affiliate and at-large delegates. The organization has its headquarters in 125 Broad Street , a 40-story skyscraper located in Lower Manhattan , New York City. The leadership of

9100-425: The ACLU, focusing on police brutality, Native American rights, African American rights, censorship in the arts, and international civil liberties. The board of directors approved Baldwin's expansion plan, except for the international efforts. The ACLU played a significant role in passing the 1932 Norris–La Guardia Act , a federal law that prohibited employers from preventing employees from joining unions and stopped

9240-418: The ACLU. The ACLU receives thousands of grants from hundreds of charitable foundations annually. Allies of the ACLU in legal actions have included the National Association for the Advancement of Colored People , the American Jewish Congress , People for the American Way , the National Rifle Association of America , the Electronic Frontier Foundation , Americans United for Separation of Church and State and

9380-521: The American Civil Liberties Union, a 501(c)(4) social welfare group; and the ACLU Foundation, a 501(c)(3) public charity . Both organizations engage in civil rights litigation, advocacy, and education, but only donations to the 501(c)(3) foundation are tax deductible, and only the 501(c)(4) group can engage in unlimited political lobbying . The ACLU is led by a president and an executive director, Deborah Archer and Anthony D. Romero , respectively, as of March 2024. The president acts as chair of

9520-400: The Bible should be interpreted literally in teaching creationism in school. The ACLU lost the case, and Scopes was fined $ 100. The Tennessee Supreme Court later upheld the law. Still, it overturned the conviction on a technicality. The Scopes trial was a phenomenal public relations success for the ACLU. The ACLU became well known across America, and the case led to the first endorsement of

9660-502: The CLB was on freedom of speech , primarily anti-war speech, and on supporting conscientious objectors who did not want to serve in World War I. In 1918, Crystal Eastman resigned from the organization due to health issues. After assuming sole leadership of the CLB, Baldwin insisted that the organization be reorganized. He wanted to change its focus from litigation to direct action and public education. The CLB directors concurred, and on January 19, 1920, they formed an organization under

9800-443: The Court recognizing in 2012, in Miller v. Alabama a political and biological principle that children are different from adults. In 1945, the members of the United Nations organization completed the drafting of its founding text – the United Nations charter : The USA played a significant role in this process. The Universal Declaration of Human Rights Drafting Committee was chaired by former First Lady Eleanor Roosevelt , who

9940-434: The First Amendment does not insulate Time magazine reporters from a requirement to testify before a criminal grand jury that's conducting the investigation into the possible illegal disclosure of classified information. Protesters have been arrested for protesting outside of designated "free speech zones". At the 2004 Republican National Convention in New York City, over 1,700 protesters were arrested. On July 24, 2020,

10080-612: The HUAC. The ACLU was one of the few organizations to protest (unsuccessfully) against the passage of the Smith Act in 1940, which would later be used to imprison many persons who supported Communism. The ACLU defended many persons who were prosecuted under the Smith Act, including labor leader Harry Bridges . ACLU leadership was split on whether to purge its leadership of Communists. Norman Thomas , John Haynes Holmes , and Morris Ernst were anti-Communists who wanted to distance

10220-466: The NLRB was a significant development for the ACLU because it marked the first time it accepted that a government agency could be responsible for upholding civil liberties. Until 1937, the ACLU felt that citizens and private organizations best upheld civil rights. Some factions in the ACLU proposed new directions for the organization. In the late 1930s, some local affiliates proposed shifting their emphasis from civil liberties appellate actions to becoming

10360-603: The NRA. Conversely, it has been criticized by conservatives such as when it argued against official prayer in public schools or when it opposed the Patriot Act . The ACLU has supported conservative figures such as Rush Limbaugh , George Wallace , Henry Ford and Oliver North as well as liberal figures such as Dick Gregory , Rockwell Kent and Benjamin Spock . Major sources of criticism are legal cases in which

10500-672: The New York-based ACLU. The association with the Communist Party led to accusations that the ACLU was a "Communist front", particularly because Harry F. Ward was both chairman of the ACLU and chairman of the American League Against War and Fascism , a Communist organization. The House Un-American Activities Committee (HUAC) was created in 1938 to uncover sedition and treason within the United States. When witnesses testified at its hearings,

10640-487: The Revolutionary War, the former thirteen colonies went through a pre-government phase of more than a decade, with much debate about the form of government they would have. The United States Constitution, adopted in 1787 through ratification at a national convention and conventions in the colonies, created a republic that guaranteed several rights and civil liberties. However, it did not extend voting rights in

10780-549: The South, including lack of voting rights, segregation, and discrimination in the justice system. Funded by the Garland Fund , the ACLU also participated in producing the influential Margold Report , which outlined a strategy to fight for civil rights for blacks. The ACLU planned to demonstrate that the " separate but equal " policies governing the Southern discrimination were illegal because blacks were never, in fact, treated equally. In 1932 – twelve years after

10920-478: The Supreme Court sided with the ACLU and affirmed the right of a communist party member to salute a communist flag. The result was the first time the Supreme Court used the Due Process Clause of the 14th amendment to subject states to the requirements of the First Amendment . In Near v. Minnesota , also decided in 1931, the Supreme Court ruled that states may not exercise prior restraint and prevent

11060-514: The Supreme Court were the best way to achieve change. In addition to labor, the ACLU also led efforts in non-labor arenas, for example, promoting free speech in public schools. The ACLU was banned from speaking in New York public schools in 1921. The ACLU, working with the NAACP , also supported racial discrimination cases. The ACLU defended free speech regardless of espoused opinions. For example,

11200-526: The Supreme court reversed itself. The rise of totalitarian regimes in Germany, Russia, and other countries that rejected freedom of speech and association greatly impacted the civil liberties movement in the US; anti-Communist sentiment rose, and civil liberties were curtailed. The ACLU leadership was divided over whether or not to defend pro- Nazi speech in the United States; pro-labor elements within

11340-482: The U.S. but is not considered self-executing, or has not yet been implemented by legislation, it is nonetheless binding on the U.S. government as a matter of international law. The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution guarantees that "All persons born or naturalized in the United States ... are citizens of the United States and of the State wherein they reside. No State shall ... deny to any person within its jurisdiction

11480-614: The US government is defined by case law, particularly by the precedent of the Supreme Court of the United States . Within the federal government, the debate about what may or may not be an emerging human right is held in two forums: the United States Congress, which may enumerate these; and the Supreme Court, which may articulate rights that the law does not spell out. Additionally, individual states, through court action or legislation, have often protected human rights not recognized at federal level. For example, Massachusetts

11620-681: The USSR. This uneasy relationship between the two groups continued for decades. Five years after the ACLU was formed, the organization had virtually no success to show for its efforts. That changed in 1925, when the ACLU persuaded John T. Scopes to defy Tennessee's anti- evolution law in The State of Tennessee v. John Thomas Scopes . Clarence Darrow , a member of the ACLU National Committee, headed Scopes' legal team. The prosecution, led by William Jennings Bryan , contended that

11760-681: The United Nations' human rights Convention on the Rights of the Child which requires both parents to have a relationship with the child. Conflict between the human rights of the child and those of a mother or father who wishes to leave the country without paying child support or doing the personal work of child care for his child can be considered to be a question of negative and positive rights . According to Human Rights: The Essential Reference , "the American Declaration of Independence

11900-567: The United States beyond white male property owners (about 6% of the population). The Constitution referred to "Persons", not "Men" as was used in the Declaration of Independence. It also omitted any reference to terms such as a "Creator" or "God" and any authority derived or divined therefrom, and allowed "affirmation" in lieu of an "oath" if preferred. The Constitution guaranteed rights and provided that they belonged to all Persons (presumably meaning men and women, and perhaps children, although

12040-506: The United States Constitution and Eighth Amendment to the United States Constitution deals with the rights of criminal suspects. Later the protection was extended to civil cases as well In the Gideon v. Wainwright case, the Supreme Court requires that indigent criminal defendants who are unable to afford their own attorney be provided counsel at trial. Since the Miranda v. Arizona case,

12180-442: The United States Constitution prohibits the states and the federal government from denying any citizen the right to vote because of that citizen's sex. While this does not necessarily guarantee all women the right to vote, as suffrage qualifications are determined by individual states, it does mean that states' suffrage qualifications may not prevent women from voting due to their gender. The 1964 CRA prohibits discrimination on

12320-415: The United States as being primarily or near-exclusively the entitlement only of impoverished U.S. people with disabilities , and not applicable to those with disabilities who make significantly above- poverty level income. This is proven in practice by the general fact that in the U.S., a disabled person on SSI without significant employment income who is suddenly employed, with a salary or wage at or above

12460-725: The United States requires police departments to inform arrested persons of their rights, which is called a Miranda warning and typically begins with "You have the right to remain silent." The Establishment Clause of the First Amendment prohibits the establishment of a national religion by Congress or the preference of one religion over another. The clause was used to limit school praying , beginning with Engel v. Vitale , which ruled government-led prayer unconstitutional. Wallace v. Jaffree banned moments of silence allocated for praying. The Supreme Court also ruled clergy-led prayer at public high school graduations unconstitutional with Lee v. Weisman . The free exercise clause guarantees

12600-662: The Wyoming ACLU chapter received such subsidies until April 2015, when, as part of a round of layoffs at the national ACLU, the Wyoming office was closed. In October 2004, the ACLU rejected $ 1.5 million from both the Ford Foundation and Rockefeller Foundation because the foundations had adopted language from the USA PATRIOT Act in their donation agreements, including a clause stipulating that none of

12740-600: The abolition of slavery, was formed by Anthony Benezet in 1775. A year later, the Declaration of Independence announced that the Thirteen Colonies regarded themselves as independent states, and no longer a part of the British Empire . The Declaration stated "that all men are created equal , that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and

12880-422: The basis of gender. A 1991 provision created recourse for discrimination victims for punitive damages and full back pay. The Equal Employment Opportunity Commission also provides recourse for workplace discrimination victims. The United States has legally defined sexual harassment in the workplace. Because sexual harassment is therefore a Civil Rights violation, individual legal rights of those harassed in

13020-503: The board was divided on whether to defend communists. In 1968, a schism formed over whether to represent Benjamin Spock 's anti-war activism. In 1973, as the Watergate Scandal continued to unfold, leadership was initially divided over whether to call for President Nixon 's impeachment and removal from office. In 2005, there was internal conflict about whether or not a gag rule should be imposed on ACLU employees to prevent

13160-520: The censorship of movies and to discourage the publication of birth control information. This conflict between the ACLU and the Catholic Church led to the resignation of the last Catholic priest from ACLU leadership in 1934; a Catholic priest would not be represented again until the 1970s. The first decision that marked the Supreme Court's major shift in policy —no longer applying strict constitutional limits to government programs, and taking

13300-486: The decision was limited to the state of New Jersey, the appeals court's judgment in 1928 declared that constitutional guarantees of free speech must be given "liberal and comprehensive construction", and it marked a major turning point in the civil rights movement , signaling the shift of judicial opinion in favor of civil rights. The most important ACLU case of the 1920s was Gitlow v. New York , in which Benjamin Gitlow

13440-471: The developmental distinction between children and adults poses issues and has been the subject of subsequent amendments, as discussed below). Some of this conceptualization may have arisen from the significant Quaker segment of the population in the colonies, especially in the Delaware Valley, and their religious views that all human beings, regardless of sex, age, race, or other characteristics, had

13580-427: The distribution of sex education information based on the premise that it was obscene and led to promiscuous behavior. Mary Ware Dennett was fined $ 300 in 1928 for distributing a pamphlet containing sex education material. The ACLU, led by Morris Ernst, appealed her conviction and won a reversal, in which judge Learned Hand ruled that the pamphlet's primary purpose was to "promote understanding". The success prompted

13720-495: The election laws referring to the voters as "he or she") to vote; provided they had this property, free black men and single women regardless of race therefore had the vote until 1807, but not married women, who could have no independent claim to ownership of fifty pounds (anything they owned or earned belonged to their husbands by the Common law of Coverture ). In 1790, the law was revised to specifically include women, but in 1807,

13860-492: The equal protection of the laws" In addition, Fifteenth Amendment to the United States Constitution prohibits the denial of a citizen of the right to vote based on that citizen's "race, color, or previous condition of servitude". The United States has enacted comprehensive legislation prohibiting discrimination on the basis of race and national origin in the workplace in the Civil Rights Act of 1964 (CRA). The CRA

14000-641: The free exercise of religion. The Supreme Court's Lemon v. Kurtzman decision established the "Lemon test" exception, which details the requirements for legislation concerning religion. In the Employment Division v. Smith decision, the Supreme Court maintained a "neutral law of general applicability" can be used to limit religion exercises. In the City of Boerne v. Flores decision, the Religious Freedom Restoration Act

14140-499: The imposition of any "... voting qualification or prerequisite to voting , or standard, practice, or procedure ... to deny or abridge the right of any citizen of the United States to vote on account of race or color," which prevents the use of grandfather clauses , literacy tests , poll taxes and white primaries . Prior to the passage of the Thirteenth Amendment to the United States Constitution , slavery

14280-417: The inequalities from more than half a dozen decades before, still the United States is in violation of the Declaration, in as much that "everyone has the right to leave any country" because the government may prevent the entry and exit of anyone from the United States for foreign policy, national security, or child support rearage reasons by revoking their passport. The United States is also in violation of

14420-456: The interpretation of "Person", with some jurisdictions narrowing the meaning of "Person" to cover only people with property, only men, or only white men. For example, although women had been voting in some states, such as New Jersey, since the founding of the United States, and prior to that in the colonial era, other states denied them the vote. In 1756, Lydia Chapin Taft voted, casting a vote in

14560-529: The landmark case United States v. One Book Called Ulysses in 1933, which reversed a ban by the Customs Department against the book Ulysses by James Joyce . The ACLU only achieved mixed results in the early years, and it was not until 1966 that the Supreme Court finally clarified the obscenity laws in the Roth v. United States and Memoirs v. Massachusetts cases. The Comstock laws banned

14700-403: The law was again revised to exclude them, an unconstitutional act since the state constitution specifically made any such change dependent on the general suffrage. See Women's suffrage in the United States . Through the doctrine of coverture , many states also denied married women the right to own property in their own name, although most allowed single women (widowed, divorced or never married)

14840-401: The liberty of the people. The freedom of expression (including speech, media , and public assembly ) is an important right and is given special protection, as declared by the First Amendment of the constitution. Protections on freedom of speech within the United States are considered to be broad, even when compared with other liberal democracies. For example, in the United States, hate speech

14980-550: The local town hall meeting in place of her deceased husband. In 1777, women lost the right to exercise their vote in New York; in 1780, women lost the right to exercise their vote in Massachusetts; and in 1784, women lost the right to exercise their vote in New Hampshire. From 1775 until 1807, the state constitution in New Jersey permitted all persons worth over fifty pounds (about $ 7,800 adjusted for inflation, with

15120-704: The marketability of the paper beyond the Marion County region. Now, again known as The Marion Star , the paper is owned and operated by Gannett , who purchased the paper from Thomson in 2000. Under Gannett, editorial, business offices, and retail advertising are maintained in Marion, while printing and classified advertising operations have been moved to a regional press house in Mansfield, Ohio . The Marion Ohio Public Library and The Ohio Historical Society maintain microfilm libraries of newspaper for public research;

15260-410: The meaning of "Persons". After the Fourteenth Amendment to the United States Constitution was adopted, Susan B. Anthony , buttressed by the equal protection language, voted. She was prosecuted for this, however, and ran into an all-male court ruling that women were not "Persons"; the court levied a fine but it was never collected. Fifty years later, in 1920, the Constitution was amended again, with

15400-406: The money would go to "underwriting terrorism or other unacceptable activities". The ACLU views this clause, both in federal law and in the donors' agreements, as a threat to civil liberties, saying it is overly broad and ambiguous. Due to the nature of its legal work, the ACLU is often involved in litigation against governmental bodies, which are generally protected from adverse monetary judgments;

15540-430: The new Constitution took effect in practice, concerns about individual liberties and the concentration of power at the federal level, gave rise to the amendment of the Constitution through the adoption of the Bill of Rights , the first ten amendments to the Constitution. However, this had little impact on judgements by the courts for the first 130 years after its ratification. Courts and legislatures also began to vary in

15680-517: The newspaper right after he acquired it and continued to until at least 1920. The dubious financial position of The Marion Daily Star improved following the marriage of Harding to Florence Kling DeWolfe, who promptly set about to straighten out the accounting, and increase circulation. American Civil Liberties Union founder and Socialist candidate for President Norman Thomas worked for the Daily Star while growing up in Marion. Under Harding

15820-484: The newspaper's editorial position leaned toward the Republican Party platform, but remained somewhat neutral because of its position of the daily newspaper and record for Marion County. However, Harding also launched The Marion Weekly Star , a once-a-week summary newspaper designed for mail delivery and rural circulation, which showed less restraint in its Republican stance. The Weekly Star was published from

15960-571: The original Constitution sanctioned slavery (although it was not based on either the race or any other characteristic of the slave) and, through the Three-Fifths Compromise , it counted slaves (who were not defined by race) as three-fifths of a Person for purposes of distribution of taxes and representation in the House of Representatives (although the slaves themselves were discriminated against in voting for such representatives). As

16100-546: The paper is also accessible for a monthly subscription fee through Ancestry.com and NewspaperArchives.com. Starting April 2024, the newspaper will switch from carrier to postal delivery. American Civil Liberties Union The American Civil Liberties Union ( ACLU ) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C. , and Puerto Rico . The ACLU provides legal assistance in cases where it considers civil liberties at risk. Legal support from

16240-467: The practice of outlawing strikes, marriages, and labor organizing activities with the use of injunctions. The ACLU also played a key role in initiating a nationwide effort to reduce misconduct (such as extracting false confessions) within police departments by publishing the report Lawlessness in Law Enforcement in 1931, under the auspices of Herbert Hoover 's Wickersham Commission . In 1934,

16380-449: The procedure. As of March 2023, 12 states have outlawed abortion after 6 weeks (before most women know they are pregnant), with several other state bans currently tied up in litigation. As of 2023, 1 in 3 American women live in states without abortion access. The decision received international condemnation. The United States is the one of only six countries in the world that does not guarantee paid maternity leave to new mothers. A study of

16520-443: The publication of internal disputes. In the year ending March 31, 2014, the ACLU and the ACLU Foundation had a combined income from support and revenue of $ 100.4 million, originating from grants (50.0%), membership donations (25.4%), donated legal services (7.6%), bequests (16.2%), and revenue (0.9%). Membership dues are treated as donations; members choose the amount they pay annually, averaging approximately $ 50 per member. In

16660-491: The pursuit of Happiness ", echoing John Locke 's phrase "life, liberty, and property". This view of human liberties, which originated from the European Age of Enlightenment , postulates that fundamental rights are not granted by a divine or supernatural being to monarchs who then grant them to subjects, but are granted by a divine or supernatural being to each man (but not woman) and are inalienable and inherent. After

16800-460: The reactionary, anti-Catholic, anti-black Ku Klux Klan (KKK) was a frequent target of ACLU efforts, but the ACLU defended the KKK's right to hold meetings in 1923. There were some civil rights that the ACLU did not make an effort to defend in the 1920s, including censorship of the arts, government search and seizure issues, right to privacy , or wiretapping . Government officials routinely hounded

16940-539: The rights associated with Person status must meet a strict scrutiny standard. The 1970s also saw the adoption of the Twenty-sixth Amendment , which prohibited discrimination on the basis of age, for Persons 18 years old and over, in voting. Other attempts to address the developmental distinction between children and adults in Person status and rights have been addressed mostly by the Supreme Court, with

17080-563: The rights themselves, the portion of the population which has been granted these rights has been expanded over time. Within the United States, federal courts have jurisdiction over international human rights laws . The United States is ranked well on human rights by various organizations. For example, the Freedom in the World index lists the United States 53rd in the world for civil and political rights, with 83 out of 100 points as of 2023;

17220-529: The same Inner light . Quaker and Quaker-derived views would have informed the drafting and ratification of the Constitution, including the direct influence of some of the Framers of the Constitution , such as John Dickinson and Thomas Mifflin , who were either Quakers themselves or came from regions which were either founded or heavily populated by Quakers. Dickinson, Mifflin and other Framers who objected to slavery were outvoted on that question, however, and

17360-416: The separation of powers—in cases of controversy, the judiciary, not Congress, has the authority under Article III to apply treaty law to cases before the court. This is a key provision in cases where Congress declares a human rights treaty to be non-self-executing, for example, by contending it does not add anything to human rights under U.S. domestic law. The International Covenant on Civil and Political Rights

17500-467: The society evolved. The Ninth Amendment and Fourteenth Amendment recognized that not all human rights were enumerated in the original United States Constitution. The Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 are examples of human rights that were enumerated by Congress well after the Constitution's writing. The scope of the legal protections of human rights afforded by

17640-651: The speech rights of communists, Nazis, Ku Klux Klan members, accused terrorists, pornographers, anti-LGBT activists, and flag burners. That's because the defense of freedom of speech is most necessary when the message is one most people find repulsive. Constitutional rights must apply to even the most unpopular groups if they're going to be preserved for everyone." The ACLU developed from the National Civil Liberties Bureau (CLB), co-founded in 1917 during World War I by Crystal Eastman , an attorney activist, and Roger Nash Baldwin . The focus of

17780-672: The violence between Native and European Americans . Benjamin Franklin became the president of Benezet's abolition society in the late 18th century. In addition, the Fourteenth Amendment was interpreted to permit what was termed Separate but equal treatment of minorities until the United States Supreme Court overturned this interpretation in 1954, which consequently overturned Jim Crow laws . Native Americans did not have citizenship rights until

17920-663: The workplace exist in the United States. The U.N. Convention on the Elimination of All Forms of Discrimination Against Women, known as CEDAW has been signed by the United States, but it has not been ratified by the Senate . An investigation by a UN Working Group on discrimination against women in law and practice associated with the Office of the UN High Commissioner for Human Rights (OHCHR) found that “The US, which

18060-534: The world's female prisoners. It is alleged that as many as 80% of female U.S. inmates have experienced physical and/or sexual abuse. The United States has adopted antidiscrimination legislation for people with disabilities, the Americans with Disabilities Act of 1990 (ADA). The ADA reflected a dramatic shift toward the employment of persons with disabilities to enhance the labor force participation of qualified persons with disabilities and to reduce their dependence on government entitlement programs. The ADA amends

18200-399: The year ending March 31, 2014, the combined expenses of the ACLU and ACLU Foundation were $ 133.4 million, spent on programs (86.2%), management (7.4%), and fundraising (8.2%). (After factoring in other changes in net assets of +$ 30.9 million, from sources such as investment income, the organization had an overall decrease in net assets of $ 2.1 million.) Over the period from 2011 to 2014,

18340-431: Was a growing willingness to protect freedom of speech and assembly via court decisions. Starting in 1926, the ACLU expanded its free speech activities to encompass censorship of art and literature. In that year, H. L. Mencken deliberately broke Boston law by distributing copies of his banned American Mercury magazine; the ACLU defended him and won an acquittal. The ACLU went on to win additional victories, including

18480-672: Was arrested for violating a state law against inciting anarchy and violence when he distributed literature promoting communism. Although the Supreme Court did not overturn Gitlow's conviction, it adopted the ACLU's stance (later termed the incorporation doctrine ) that the First Amendment freedom of speech applied to state laws, as well as federal laws. The Oregon Compulsory Education Act required almost all children in Oregon between eight and sixteen years of age to attend public school by 1926. Associate Director Roger Nash Baldwin ,

18620-507: Was known for her human rights advocacy. Similarly, for the United States government and its citizens, much remained uncertain about the future impact, force, and reach of international human rights. Eventually the United States had not yet developed a policy approach regarding whether or not it would recognize international human rights within a domestic context. Certainly there were already some domestic political attempts, as for example President Truman's Committee on Civil rights , which authored

18760-571: Was legal in some states of the United States until 1865. Influenced by the principles of the Religious Society of Friends , Anthony Benezet formed the Pennsylvania Abolition Society in 1775, believing that all ethnic groups were considered equal and human slavery was incompatible with Christian beliefs. Benezet extended the recognition of human rights to Native Americans and argued for a peaceful solution to

18900-492: Was more tolerant of dissent than Wilson had been. The primary explanation was that prosecutors, working under similar laws, had fewer plausible targets because almost everyone rallied to the war effort after the attack on Pearl Harbor. Prisoners%27 rights in the United States [REDACTED] [REDACTED] In the United States , human rights consists of a series of rights which are legally protected by

19040-462: Was struck down as exceeding congressional power; however, the decision's effect is limited by the Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal decision, which requires states to express compelling interest in prohibiting illegal drug use in religious practices. The United States is a constitutional republic based on founding documents that restrict the power of government and preserve

19180-631: Was the Jehovah's Witnesses , who were involved in a large number of Supreme Court cases . The most important cases involved statutes requiring flag salutes. The Jehovah's Witnesses felt that saluting a flag was contrary to their religious beliefs. Two children were convicted in 1938 of not saluting the flag. The ACLU supported their appeal to the Supreme Court, but the court affirmed the conviction in 1940. But three years later, in West Virginia State Board of Education v. Barnette ,

19320-452: Was the best long-term solution because the Supreme Court could not mandate liberal interpretations of the Bill of Rights. But Walter Pollak , Morris Ernst , and other leaders felt that Supreme Court decisions were the best path to guarantee civil liberties. A series of Supreme Court decisions in the 1920s foretold a changing national atmosphere; anti-radical emotions were diminishing, and there

19460-403: Was the first civic document that met a modern definition of human rights." The Constitution recognizes a number of inalienable human rights, including freedom of speech , freedom of assembly , freedom of religion , the right to keep and bear arms , freedom from cruel and unusual punishment, and the right to a fair trial by jury. Constitutional amendments have been enacted as the needs of

19600-434: Was the first of several states to recognize same sex marriage. In the context of human rights and treaties that recognize or create individual rights, U.S. constitutional law makes a distinction between self-executing and non-self-executing treaties. Non-self-executing treaties, which ascribe rights that under the constitution may be assigned by law, require legislative action to execute the contract (treaty) before it becomes

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