The National Rifle Association may be represented by the ACLU in its lawsuit against Maria Vullo, the former director of the New York Department of Financial Services. It was a combination that was so unusual that the ACLU had to explain it.
The ACLU stated on X, formerly Twitter, “We don’t support the NRA’s mission or its viewpoints. However, we are aware that companies cannot be punished by state officials for their opinions.”
Many have praised the ACLU for taking this stance of principle, but we shouldn’t yet praise the advocate of civil liberties for being free-speech maximalists. Particularly when it comes to the issue of transgender people in prison, the organization’s recent record on First Amendment rights is less than stellar.
In Chandler v. California, a case brought by four women who were incarcerated, the plaintiffs argued that it is “compelled” political speech to refer to transgender women as “women” or use “she/her” pronouns in accordance with Section III of the Act, which permits any prisoner to be housed in housing that corresponds to their gender identity rather than their biological sex.
Precedent is on the side of the plaintiffs. According to the 6th Circuit Court of Appeals, it was against Shawnee State University professor Nicholas Meriwether’s First Amendment rights to call a student by her chosen pronouns. The teacher and Shawnee State have reached an agreement.
In the professor’s case, the ACLU didn’t take a position, but it has in the Chandler case. By applying to act in the lawsuit, the ACLUs of Northern California and Southern California effectively became parties to the case.
These two ACLU chapters are permitted—indeed, they are required—to respond to the claim that using a preferred pronoun is forced speech after the court granted their motion in August. Since being allowed to join Chandler, neither organization has submitted any petitions.
The Freedom of Information Act encourages people to exercise their right.
Recent statements made by the organization regarding the First Amendment rights of people seeking information about transgender individuals have raised suspicion.
The First Amendment has many facets: While the government cannot compel speech, it cannot forbid members from speaking or seeking information. The Freedom of Information Act encourages people to exercise their First Amendment rights because it makes government information available to the public.
More speech is the solution. Not less: The Harvard leader erred in her anti-Semitism testimony. It would have gotten worse if I had fired her.
However, that is precisely what the ACLU has been doing: assisting the government in muzzling public opinion.
The ACLU of Washington Foundation and the Disability Rights Washington team filed a lawsuit to prevent the release of the documents after the Tacoma News Tribune, TV station KIRO 97.3 FM, and one private group each individually requested specific information about people in Washington state prison who identify as transgender, including the number of people transferred to women’s prisons and whether they had been disciplined.
To prevent the private citizen from requesting the paperwork, the ACLU of Washington even filed a lawsuit.
The ACLU of Washington’s request was granted by a federal judge, who ruled that the release of transgender prisoners’ names could cause them irreparable harm. But that was insufficient.
ACLU beliefs are incompatible with stance on transgender issues.
An act that prevented any data from being released about Prison Rape Elimination Act studies and blocked access to any information on transgender individuals passed the Washington Legislature during the 2022 legislative session and was signed into law by Gov. Jay Inslee. By accepting the law’s passage as a resolution of its claims against the state of Washington rather than making any distinct statement in support of it, the ACLU of Washington Foundation got away with its duplicity.
The National Prison Project of the ACLU, which works to ensure the safety of prisoners, puts the Washington chapter at odds with its parent organization by supporting this legislation.
The ACLU has come under fire for being untruthful. The American Civil Liberties Union is the legal representative of the female market, according to advocate Jennifer Thomas, who organized a summer protest against the civil rights organization.
Although it is a heavy burden, their absence on different issues stands out even more when the NRA’s fundamental principles are so eloquently and clearly demonstrated.
Although violent crime is declining, Americans still refer to the country’s crime problem as either exceptionally significant or extremely severe.
To be clear, the ACLU’s chapters each act independently, so their positions can vary. In fact, the National Headquarters’ decision to represent the NRA was publicly criticized by the New York Civil Liberties Union.
However, the ACLU’s choice to represent the NRA is based on a consistent plan. Additionally, the organization’s position on trans issues goes against everything it claims to stand for.
Chandra Bozelko will be a John Jay College of Criminal Justice reporting fellow for Harry Frank Guggenheim in 2023.
