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04.13.07
In Defense of Free Speech
A Message to ACLU of Ohio Members and Supporters
Throughout the history of the ACLU, our firm dedication to civil
liberties has directed us to defend the rights of all Americans—even, at
times, those whose messages we abhor. For nearly a century, we have
adhered to Voltaire’s principle that “I may disapprove of what you say,
but I will defend to the death your right to say it.”
We wish to inform you that this bedrock principle—and fundamental
Constitutional right—is once again being put to the test in our own
state. We share this message with a mixture of pride in our
convictions and sadness over the circumstances.
On April 20, 2007, the American National Socialist Workers Party of
Roanoke, VA—a neo-Nazi group—plans to march through the predominantly
African-American neighborhood of Over-the-Rhine in Cincinnati. The
city initially issued a permit to the group for its march, but the
permit was soon revoked and prohibitions were added by city officials
limiting the group’s demonstration to a three-block area. Believing
their constitutional rights to free speech and free assembly have been
violated, the ACLU of Ohio will be defending the demonstrators.
The ACLU condemns violent action and supports its prevention. Yet we
also believe that our government must allow citizens their unhindered
right to free speech. The City of Cincinnati should stand behind this
basic freedom while taking steps to ensure a peaceful demonstration.
As in previous cases where the ACLU has come to the defense of people or
groups with whom we disagree, our position is rooted in certain
fundamental principles. While we in no way endorse the views of
the American National Socialist Workers Party, we believe that the
constitutional guarantees of freedom of speech and press would be
meaningless if the government could pick and choose the persons to whom
they apply.
We can imagine that it is hard for you, as longtime supporters of the
ACLU, to once again compartmentalize your distaste for hate speech in
service to a higher ideal. It is hard for us at the ACLU of Ohio
to defend the rights of this group, whose message of intolerance and
hate we do not endorse but rather speak out against in our own work.
We believe that the proper response to speech is more speech, rather
than limiting or eliminating the opportunities for groups to express
their views. We recognize that curtailing the rights of a group
based on their views can set a dangerous precedent. Such limits
ultimately jeopardize the rights of all of us.
The principles of the First Amendment are indivisible. In a nation
of laws, the rights established necessarily apply to all. Extend
those rights to one group and they protect all groups; deny them to one
group, and all groups suffer. We cannot remain faithful to the First
Amendment by turning our backs when it is put to its severest test.
As a supporter of the ACLU, you have an appreciation for the complex
values presented by our client’s case. We ask that you give the
same thoughtful consideration to this situation as you do to so many
others defended by the ACLU of Ohio. We ask the entire membership of the
ACLU of Ohio for its support as we stand by this fundamental principle.
Sincerely,
Christine Link,
Executive Director
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