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- <text id=93TT1502>
- <title>
- Apr. 26, 1993: A.C.L.U. -- Not All That Civil
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1993
- Apr. 26, 1993 The Truth about Dinosaurs
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 31
- A.C.L.U.--Not All That Civil
- </hdr>
- <body>
- <p> The American Civil Liberties Union is ever ready for a legal
- squabble, and sometimes the most intriguing ones occur among its
- own 300,000 members. Lately they have been split over free
- speech and hate speech, sexual harassment and the Rodney King
- beating, the same arguments that have divided other Americans.
- One essential conflict is between strict libertarians, for whom
- individual rights are as sacred as Moses' tablets, and
- new-breed egalitarians who favor minority and feminist causes
- and are more willing to see civil liberties give ground in the
- name of justice and equality.
- </p>
- <p> After last year's acquittal in state court of the four
- policemen who beat Rodney King, A.C.L.U. president Nadine
- Strossen joined calls for a second prosecution under federal
- law. That represented a break with an A.C.L.U. position adopted
- in 1990 that repeat prosecution by different jurisdictions for
- the same act amounted to double jeopardy, which is
- unconstitutional. Last summer the national board suspended that
- position and considered supporting the second trial of the
- policemen. Then, at an argumentative meeting this month, the
- board voted 37-29 to reinstate the 1990 policy. All eight
- African-American board members at the meeting backed the losing
- side. "Rodney King could be my son," said Gwen Thomas, chair of
- the Colorado Civil Rights Commission.
- </p>
- <p> First Amendment absolutists lost, however, when the
- organization adopted a position in January on the hate-crime
- case being argued this week before the Supreme Court. The
- A.C.L.U. is siding with the state of Wisconsin's view that it
- is constitutional for courts to impose heavier penalties when
- an action that is already a crime, like assault, is motivated
- by bigotry. In a rare step, the Ohio chapter of the A.C.L.U. has
- filed a Supreme Court brief that opposes the national
- organization and argues that such laws are an inadmissible
- limitation on free speech. And while the national organization
- in 1990 came out against speech codes that punish bigoted
- remarks on college campuses, the board voted after heated debate
- this month to revise its position that workplace speech could
- be regarded as sexual harassment only when it was directed at
- an individual and had "definable consequences" on such things
- as promotion. The new definition covers offensive language that
- is aimed at no one in particular--like a bulletin-board sign
- that says A WOMAN'S PLACE IS IN THE KITCHEN--and merely leaves
- hurt feelings.
- </p>
- <p> Insiders disagree on whether the shifting views are
- fostered by the A.C.L.U.'s in-house affirmative-action plan that
- requires the board, formerly dominated by white males, to be at
- least 50% female and 20% minority. Whatever the reason, old
- soldiers like Harvard law professor Alan Dershowitz and
- columnist Nat Hentoff, both onetime A.C.L.U. board members, see
- a serious threat to single-minded support of individual liberty.
- Dershowitz asserts that "the A.C.L.U. is a very different
- organization today." To him, the key tenet of the A.C.L.U. faith
- is support for free-speech rights for "causes that you despise."
- Without that, "all you are is a political activist."
- </p>
- <p> The consensus that appears to be emerging within the
- A.C.L.U. is typified by board member and gay activist Tom
- Stoddard, who says the absolutists are seeking "otherworldly
- vindication of one constitutional right without recogthat all
- rights have value and can be reconciled." To him, both equality
- and liberty must be weighed and many rights enshrined. "Pure
- consistency is never possible in an organization that addresses
- so many rights simultaneoussays Stoddard. To the embattled Old
- Guard, however, purity and consistency were precisely what the
- A.C.L.U. was once all about.
- </p>
- <p> By Richard N. Ostling. Reported by Ketanji O. Brown/New
- York and Julie Johnson/Washington
- </p>
-
- </body>
- </article>
- </text>
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