The ACLU has successfully defended civil liberties since its founding in Listed below are just a handful of the successes we've had during the 20th century, and we are actively working to get more. Gitlow's conviction for distributing a pamphlet calling for the overthrow of the government was upheld. But the ACLU's first Supreme Court landmark established that the 14th Amendment "incorporates" the First Amendment's free speech clause and therefore applies to the states.
Whitney's conviction for membership in a group advocating the overthrow of the state was upheld. But Justice Brandeis laid the groundwork for modern First Amendment law in a separate opinion, in which he argued that under a "clear and present danger" test, the strong presumption should be in favor of "more speech, not enforced silence. A California law leading to the conviction of a communist who displayed a red flag was overturned on the grounds that the law was vague, in violation of the First Amendment.
This appeal by the "Scottsboro Boys" - eight African Americans wrongfully accused of raping two white women - was the first time constitutional standards were applied to state criminal proceedings. The poor performance of their lawyers at the trial deprived them of their 6th Amendment right to effective counsel. A second "Scottsboro Boys" decision held that excluding black people from the jury list denied defendant a fair trial.
A conviction under a state criminal syndicalism statute for merely attending a peaceful Communist Party rally was deemed a violation of free speech rights. In this case on behalf of Jehovah's Witnesses, a Georgia ordinance prohibiting the distribution of "literature of any kind" without a City Manager's permit, was deemed a violation of religious liberty. Invalidating the repressive actions of Jersey City's anti-union Mayor, "Boss" Hague, the Supreme Court ruled that freedom of assembly applies to public forums, such as "streets and parks.
An "anti-Okie" law that made it a crime to transport poor people into California was struck down as a violation of the right to interstate travel. Compelling Jehovah's Witness children to salute the American flag against their religious beliefs was unconstitutional. This early civil rights victory invalidated Texas' "white primary" as a violation of the right to vote under the 15th Amendment.
