News & Commentary

Photo by Erik Dorst from Flickr Commons.

The Question

“Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.”
—U.S. Supreme Court Justice Benjamin N. Cardozo in Palko v. Connecticut
The government cannot control individual thought. But if it were to try, its first step would be to limit speech.

The ACLU, as a staunch protector of civil liberties for all, inserts itself into controversies between the government and private groups and individuals. This causes us to be associated with some individuals and organizations with whom we may fundamentally disagree. But we don’t defend these groups because we agree with their underlying message, we defend them because we recognize that when it comes to freedom of expression, their right to express themselves is indivisible from our own.

"What if someone were to kill you!” This is one of the more common threats yelled at me and my fellow clinic escorts when we volunteer at Cleveland’s Preterm Abortion Clinic. Such terrorizing phrases come from a group of self-identified “pro-life” protesters, who wait outside the clinic daily to voice their dissension towards and disrespect for the clinic’s staff, volunteers, security guards, patients and women in general. They tell us that anyone associated with a clinic that provides abortions is evil. They are not interested in a discussion about what is constitutional, what promotes women’s health, or what is scientifically accurate. We have seen them celebrate when they see they make a patient cry. But as long as they do not occupy private property or physically harm anyone, they have a right to protest. Their judgmental protests – often crude and vulgar -- are protected under our county’s Constitution, the charter of our nation that the ACLU defends. The Supreme Court of the United States has ruled repeatedly that the First Amendment guarantees freedom of expression, which means the government cannot interfere with the right to protest, the freedom of the press, or religious liberty.