Annual report

The national ACLU will turn 100 years old in 2020. Since 1920, the ACLU has promoted equality, protected our liberties, and defended justice for all. As we enter our second century, the ACLU boasts a strong affiliate presence in every state, including Maryland. But the recent mid-term elections have upped the ante.

The early years. From 1920 to the sixties the ACLU changed the social and political landscape with legal victories in front of receptive judges who felt constitutionally bound to protect racial, ethnic, religious, and political minorities from majority rule. But in the 1970’s the courts grew less protective of civil rights and liberties. The ACLU sought additional redress from the legislative branch and increasingly engaged the public.

This year saw a sea change in the legislative landscape. An overwhelming number of legislative bodies swung toward even more restrictions on voting rights and reproductive rights, government policies that confine the poorest children to dangerous inner city neighborhoods, a lack of due process that sends immigrant children back to the violence they fled, structural racism that results in a cradle to prison pipeline, and executive branch surveillance that is out of control. The midterm election results are both a bellwether of the legislative battles to come and a call to action for the ACLU: We must speak to the hearts and minds of the electorate, including those who brought the elected officials to power.

These times call for bold new steps. To counter well-funded civil liberties opponents, the ACLU needs to be as nimble in launching non-partisan public policy campaigns as we are in the courts and in our legislative efforts. The ACLU of Maryland aims to change hearts and minds on the public policies that matter most. We aim to address the legacy of slavery within the criminal justice, education, and government subsidized housing systems. We aim to reform the immigration system by ending unnecessary, inhumane, and costly detention of immigrants. And we aim to create a 21st Century Fourth Amendment that protects personal privacy and First Amendment freedoms of expression, association, and inquiry.

Our ACLU of Maryland goals complement the six following goals at the heart of the National ACLU’s audacious plan:

1. End mass incarceration

2. Establish a 21st century 4th Amendment

3. Reform the U.S. immigration system

4. Ensure an easy and equal right to vote for every citizen

5. Lift the scarlet letter from abortion

6. Achieve formal equality for LGBT people.

To this end, the ACLU and its affiliates are launching a Centennial Capital Campaign. We are excited. Our campaign work between now and the celebratory 100th birthday party includes rallying the troops—members, supporters, boards and staffers. The Capital Campaign will be unique in that every state affiliate and every supporter will contribute to it. It will be historic in size and significance.

We look forward to your partnership. Your principles, resolve, and generosity have made this moment of opportunity possible for the ACLU. Now, let us press forward across the nation, in the face of an extremely challenging climate, emphatically embracing the most consequential civil rights and civil liberties issues of our time.

Coleman Bazelon, Board President

Susan Goering, Executive Director

 

As 2015 draws to a close, the American Civil Liberties Union of Maryland prepares to celebrate its 85th year. Since March 8, 1931, the

ACLU of Maryland has been on a mission to breathe life into the U.S. Bill of Rights, the Maryland Declaration of Rights, and civil rights

laws. This year we reflect on lessons learned.

In 1931, no criminally accused person in any state court had the right to appointed counsel. Threats of lynching were rampant on

Maryland’s Eastern Shore. A fledgling Maryland ACLU represented Euel Lee, a Black man charged with murder, threatened with

lynching, and denied counsel. The ACLU won a change of venue, though sadly he was executed. The 1940s saw our first Supreme

Court case, in which we argued that Smith Betts, a Black man who was tried and found guilty of robbery, should have had benefit of

counsel. The court disagreed. Not until 1963 did it overturn Betts v. Brady.

Securing rights through the courts can be an important foundation for a civil rights movement. In 1939, the National ACLU convinced

the Supreme Court in the case Hague v. CIO that a ban on political meetings violated the First Amendment. That early First Amendment

case was a foundation for ACLU of Maryland victories in the 1960s and 1970s when we represented:

• Maryland Planned Parenthood, which was forced to cancel a meeting because the Catholic archdiocese objected;

• Protesters, including Jane Fonda, soliciting signatures on an anti-war petition among soldiers at Fort Meade;

• United Farm Workers picketing for a grape boycott;

• People for the Ethical Treatment of Animals protesting a circus;

• Students forced to say the Pledge of Allegiance;

• Homeowners touting political yard signs; and

• One fledgling filmmaker, John Waters, who was sprung from jail by ACLU Legal Counsel Elsbeth Bothe after filming a nude

scene for the film Mondo Trasho.

We’ve learned that it’s important to think big. Until the 1970s, our successes were largely modeled on vindicating individual rights.

But Maryland’s legacy of Jim Crow perpetuates institutional racism even in the absence of racist individuals. Beginning in the 1980s,

the ACLU mounted cases on behalf of thousands of Black Marylanders, addressing institutional racism:

• Challenging the state police policy of stopping motorists for “driving while black;”

• Securing more than $1.1 billion in additional state funding to help the state’s poorest children get educated;

• Pressing HUD to cease decades of discrimination against Black families in public housing;

• Bringing voting rights suits that enabled Black candidates on the Eastern Shore to win elected seats for the first time.

ACLU founder Roger Baldwin warned “No battle for civil liberties ever stays won.” The ACLU of Maryland was birthed amid abuses of

power. Now we face new abuses in the form of police-involved killings, lack of police accountability, government secrecy, and more.

We are actors in a rerun, with many rights won in previous generations now threatened again. ACLU stands on the front lines, strong

and edified by lessons learned over 85 years.

Coleman Bazelon, Board President

 

Susan Goering, Executive Director

Date

Thursday, December 4, 2014 - 5:30pm

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After 32 years at the ACLU I (Susan Goering) will retire in 2018, and I find myself taking stock of ACLU’s progress. We are in dark times now. Weawaken most mornings to another assault on the rights we cherish. My first thought is: “someone should do something about that.” My second thought is “the ACLU is doing something about it.”

It was also a dark time in 1920, when the national ACLU was founded. Over 160 years after the Bill of Rights was ratified, rights existed only on paper. There was no freedom for minority religions. Women had no right to vote, let alone a right to family planning and contraception. Masses of immigrants from Eastern Europe were being detained and deported without due process.

In 1920, Black families, many of whom had been slaves, were terrorized by Jim Crow laws in Maryland. Lynching was commonplace on Maryland’s Eastern Shore. Workers had no right to organize unions, strike, picket, leaflet, or meet in factories without suffering violence. In 1920, the Supreme Court had never struck down a law on First Amendment grounds. The freedom to publish and speak, existed only if the majority agreed with you, which left Socialists, Jehovah’s Witnesses, Black people, and labor unions—those least likely to afford a lawyer—without rights.

In 1931, moved to action by lynchings on the Eastern Shore, the Maryland ACLU founders first gathered.

In the ‘50s McCarthy era—a time of loyalty tests—we opposed the state legislature’s passage of the nation’s most stringent such test. We represented black-listed professors and lawyers, and terminated Bethlehem Steel workers. Also in the ‘50s we challenged school-mandated prayer and the requirement that state Notaries Public declare a belief in God. During the 50s and 60s Civil Rights Movement we defended picketers and protesters arrested for demonstrating against segregation at parks, and restaurants. And we represented citizens jailed for violating Baltimore City’s curfew during the uprising that followed Dr. Martin Luther King Jr.’s assassination.

We successfully appealed to the Supreme Court to strike down Maryland’s film censorship law. In the ’70s the ACLU represented Jane Fonda for soliciting anti-war petition signatures among soldiers at Ft. Meade. And we represented the free speech rights of Black Panthers for advocating overthrow of the U.S. government.

By the mid-80s the ACLU of Maryland had hired three full-time staff members and within ten years quadrupled its staff. We opened a satellite office on the Shore, which made a far broader agenda possible, including many voting rights cases brought on behalf of disenfranchised Black communities.

We spearheaded the “Marylanders for the Right to Choose” coalition that helped pass a pro-choice law and successfully defend it at statewide referendum. We were on the vanguard of the fight for marriage equality for same-sex couples—through litigation, legislation, and advocacy, finally securing it in 2012.

In the 1980s long before the term “institutional racism” was common parlance the ACLU of Maryland brought a number of successful, ongoing class action style lawsuits with the goal of dismantling deeply entrenched, racialized education, housing, criminal justice policies, and of ensuring voting rights Eastern Shore. All of these systems had disproportionately affected communities of color in Maryland at least as far back as the turn of the 20th Century.

Our current work harkens back to our previous work. Trump’s Muslim travel ban echoes the 1920s mass detention and deportation of immigrants. In January 2017, the ACLU was the first to win a court ruling stopping the Muslim ban. Trump’s attempt to boot transgender service members out of the military echoes the earlier “don’t ask, don’t tell” policy for lesbian and gay soldiers. The ACLU is in court now asking that a transgender service member from Maryland and others be protected from this latest hurtful and irrational policy.

And with echoes far too strong of atrocities in Maryland’s past, now too many Black families live in terror of police killings, which regularly go unpunished. The ACLU of Maryland has made it one of our top priorities to increase police accountability and reduce mass incarceration.

Past and present, challenging injustice is what the ACLU of Maryland is all about. I do believe: “The arc of the moral universe is long, but it bends toward justice.”

All my best,

Susan Goering

Executive Director of the ACLU of Maryland

Date

Friday, November 17, 2017 - 5:15pm

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A key to ACLU of Maryland’s impact is the intersection between civil liberties and civil rights that characterizes our work. Again and again, we see that when an individual’s rights are violated, a larger community is affected. And when we take up cases or campaigns that address more than one threat we are able to create a greater, more long-lasting change.

The First Amendment was under threat when activist Kwame Rose was wrongfully arrested during a protest following the announcement of a mistrial in the case that charged Baltimore Police Officer William Porter in the death of Freddie Gray. But Rose was initiallytargeted for arrest because he had been organizing support for greater accountability in cases of police misconduct. Throughout the history of the nation, and recent history in Maryland, when the state police spy on the activities of peaceful protestors, ACLU has been a watchdog at the intersection of police abuse of power and the freedoms of speech and association promised in the First Amendment.

This year also saw a unique coming together of issues that ACLU of Maryland has long cared deeply about – access to affordable housing, equitable development for minority communities, and fair investment in public education. All of these arose when the developers of an upscale Port Covington in Baltimore asked the government to underwrite them with massive $660 million “Tax Increment Financing.” ACLU played a lead role in a large, diverse coalition that fought for a 21st Century model of how to benefit an old, rust belt, racially and economically segregated city by creating both a brand new racially and economically diverse community and an economic engine that would generate inclusive growth and shared prosperity.

Time and again this year, ACLU’s work highlighted issues that implicate multifaceted rights and liberties. The vulnerability of migrant farm workers to employment abuse is exacerbated when police block them from their First Amendment right to speak with Legal Aid attorneys at a Montgomery County farm . The rights of LGBT students are threatened when a Harford County school blocks them from inviting others to join their Gay Straight Alliance, where they feel welcome and supported. And the rights of poor, primarily Black communities in Baltimore to live free of government encroachment on their privacy are trampled by aerial police surveillance, which is compounded by the spying’s being run in secret, with no accountability to the Black communities being targeted.

We are reminded of our mission: “The Maryland ACLU works to ensure that all people in the state of Maryland are free to think and speak as they choose and can lead their lives free from discrimination and unwarranted government intrusion. We are guided in our work by the United States Bill of Rights and the Maryland Declaration of Rights. The Maryland ACLU acts without partisanship to achieve these goals.”

One of the reasons why ACLU of Maryland earns respect is that intersection of civil liberties and civil rights that we have long valued and prioritized through coordinated action. Thanks to our members and supporters, we can continue to make a difference in the lives of individuals and communities facing injustice in our state.

Coleman Bazelon, Board President

Susan Goering, Executive Director

Date

Monday, November 14, 2016 - 5:00pm

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