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Wednesday, March 04, 2015

ACLU responds to Ron Collins

So, it appears I was sort-of right. As ACLU Exec Director Anthony Romero responds to Ron Collins, the organizations Workplan excluded free expression because other civil liberties issues involve bigger, broader, more systematic challenges involving more coordinated efforts. Free expression involves one-off individual cases into which both the national office and, especially, local affiliates regularly get involved, but which are less in need of coordinated national efforts. So it is not that the ACLU has declared victory, but that the nature of challenges to free expression are different than the challenges in other civil liberties areas.

Is this a satisfying explanation?

Update: As if to prove its point that it still loves the First Amendment and is still willing to defend the liberty of loathsome speakers to say loathsome things: The ACLU filed an amicus in the dispute over the Washington NFL Team nickname, arguing that the Lanham Act limitation on "disparaging" trademarks is viewpoint discriminatory and violates the First Amendment. (H/T: Ron, who heard directly from ACLU Exec Director Anthony Romero).

Posted by Howard Wasserman on March 4, 2015 at 06:33 PM in Constitutional thoughts, First Amendment, Howard Wasserman | Permalink

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