Free Speech

Freedom of speech is protected in the First Amendment of the Bill of Rights and is guaranteed to all Americans. Since 1920, the ACLU has worked to preserve our freedom of speech for individuals, the free press, students, protesters, educational efforts during political campaigns (campaign finance reform) and on the internet.

Student Free Speech Includes “Boobies” Bracelets: Lawsuit Filed Against Sauk Prairie Middle School Bracelet Ban
Thursday September 8, 2011
Student free speech should include the right to wear breast cancer awareness bracelets, according to a lawsuit filed by the American Civil Liberties Union of Wisconsin Foundation and cooperating attorneys today. The suit was filed on behalf of a middle school student at Sauk Prairie Middle School who along with many classmates wore an "I ♥ Boobies! (Keep A Breast)” bracelet to school and prompted a school ban. “While a public school can put some reasonable limits on expression that poses a credible threat of a disruption of its educational activities or school mission, the mere discomfort some may have with the bracelets’ slang language is not a justification for banning the bracelets and punishing students who wear them,” said volunteer attorney Tamara Packard. Read more…
Press Release: 9/8/2011 - Student Free Speech Includes “Boobies” Bracelets: Lawsuit Filed Against Sauk Prairie Middle School Bracelet Ban
Legal Complaint: Filed on 9/8/2011 with the U.S. District Court for the Western District of Wisconsin

PETA Protest in Milwaukee OK’d by City Attorney, ACLU of WI Responds
Thursday May 6, 2011
On Wednesday May 7, Milwaukee City Attorney Grant Langley recognized the right of the People for the Ethical Treatment of Animals to demonstrate outside of a Menomonee Valley slaughterhouse, despite the objections of city Alderman Bob Donovan. A permit has been issued to the group for this Thursday’s demonstration. “Alderman Donovan has a right to express his disagreement with PETA and their methods, and he certainly doesn’t have to watch their protest if he finds in unpleasant, but he doesn’t have a right to trample on the Constitution,” said ACLU of WI Executive Director Chris Ahmuty. Read more…
Press Release: 5/6/2011 – ACLU of WI Applauds Milwaukee City Attorney for Protecting PETA’s First Amendment Rights

Yard Signs Promoting or Opposing Recalls Are Free Speech
Friday April 1, 2011
Many cities, towns and villages around Wisconsin have ordinances that regulate signs on private property. They are usually justified on grounds of aesthetics and traffic safety. If these ordinances just limit the size of the signs or how close they are to the street, they do not impermissibly infringe on freedom of speech. However, occasionally ordinances of this type prohibit property owners from placing political signs, in which case they are clearly unconstitutional.
Press release: 04/01/2011 - Yard Signs Promoting or Opposing Recalls Are Free Speech (PDF)
Read the original ruling: 04/01/2011 – Decision and Order Granting Plaintiffs Summary Judgement (PDF)

ACLU of WI Letter to Wisconsin Department of Administration Demands Fair Access to Capitol Building
Monday February 28, 2001
Today the American Civil Liberties Union of Wisconsin in a letter to Wisconsin Department of Administration Secretary Michael Huebsch insisted that the Secretary ensure fair access to the Capitol. The Department has restricted access to the Capitol by citizens wishing to exercise their rights to free speech and assembly. The ACLU's letter reads in part, "Prohibiting protestors on either side of the debate from entering the Capitol during normal business hours or during legislative hearings or sessions, while allowing others with 'business' in the Capitol to enter, is manifestly content-based and, hence presumptively unconstitutional." Read more...
Press release: 2/28/2011 - ACLU of WI Insists Wisconsin Department of Administration Give Citizens Fair Access to Capitol Building
Letter to Department of Administration: 2/28/2011 – RE: Rules for protesters and members of the public in Capitol Building

Legal Observers Protect Rights to Assemble and Speak
Friday February 18, 2011
As protests have sprung up around Wisconsin this week, the American Civil Liberties Union of Wisconsin Foundation has organized specially trained, neutral observers to be witnesses to interactions between police and demonstrators. With more protesters on both sides of the public debate over the budget repair bill expected this weekend, the ACLU will continue to have observers monitor the demonstrations and the law enforcement response. The ACLU has also widely distributed information about protesters’ rights and responsibilities by handing out its popular “bust cards” at protests and by posting on internet and social media sites all week. Read more…
Press release: 2/18/2011 – ACLU of WI Legal Observers Protect Right to Assemble and Speak

ACLU of WI Opposes Restrictions on Public Employees' First Amendment Rights
Thursday February 17, 2011
The American Civil Liberties Union of Wisconsin urges the State Legislature to reject those portions of the budget repair bill that curtail government employees’ rights to organize and collectively bargain over the terms and conditions of their employment. These labor rights are aspects of the First Amendment rights of freedom of association and speech. Private and public employees alike, through their association with other persons in a labor union, must have the ability to seek compensation, benefits and other working conditions through collective bargaining with their employers. Read More...
Press release: 2/17/2011 – ACLU Opposes Restrictions on Public Employees’ First Amendment Rights

Protests and First Amendment Rights
Looking for information about the rights of activists during demonstrations? Download a copy of the ACLU of Wisconsin bust card or read the guidelines for legal observers published by the National Lawyers’ Guild. Each year, the ACLU of Wisconsin trains volunteer legal observers to be witnesses to law enforcement activity at protests. For more information on ACLU legal observers, please contact liberty@aclu-wi.org.
Bust card: download (PDF)
National Lawyers’ Guild legal observer manual: download (PDF)

Belleville School Board Votes Unanimously to Keep Challenged Book in English Curriculum
Monday January 24, 2011
The American Civil Liberties Union of Wisconsin applauds the Belleville School District in their unanimous decision to keep a challenged book in the ninth grade English curriculum. The school board demonstrated patience and courage to recognize the importance of both due process and the need for relevant and contemporary literature in the classroom. Over 200 community members attended the hearing: the majority wore green "Keep the Book" stickers in a show of support. Read more…
Press release: 1/24/2011 - ACLU of WI Applauds Belleville Book Decision: School Board Votes Unanimously to Keep Challenged Book in English Curriculum

UW Milwaukee Police Conduct Report Leaves Unanswered Questions, Says ACLU of WI
Thursday August 26, 2010
On March 4th, students at the UW-Milwaukee campus gathered to rally over the increase of tuition rates. When they took their message to the University's administration building, police and protesters had a confrontation and students were arrested and ticketed. The ACLU of WI called for an investigation to review the use of force by campus police against protesters. However, the partial release of a report on police conduct by law enforcement experts and the Vice Chancellor leaves questions unanswered. “We recognize that officers have a great deal of responsibility and work in often difficult circumstances," said Executive Director Chris Ahmuty. "Difficult circumstances do not diminish their responsibility to use constitutional police methods.” Read more…
Press Release: 8/26/2010 - ACLU of Wisconsin Responds to Partial Release of Report on UW Milwaukee Police Actions During March 4th Incident

ACLU of Wisconsin settles lawsuit against City of Milwaukee Police Censorship of Gay-Themed Play
Thursday July 15, 2010
On July 14, 2010, the Milwaukee Gay Arts Center (MGAC) received a check for $20,000 from the City of Milwaukee in settlement of a federal lawsuit filed on its behalf by the ACLU of Wisconsin. The suit alleged that the City violated the First Amendment by shutting down “Naked Boys Singing,” a musical play with gay themes that has been produced around the country, after receiving complaints from a citizen who objected to its content. “Good theater sometimes challenges convention,” said Paul Masterson, Executive Director of the Milwaukee Gay Arts Center. “The police should not shut down a play because some people find it offensive.” Read more…
Press Release: 7/15/2010 - Lawsuit Over Police Censorship of Gay-Themed Play Settled: City Pays Milwaukee Gay Arts Center and Clarifies Theater License Requirements (PDF)

Mosinee and Gale-Ettrick-Trempealeau Schools Must Defend Student Speech
Friday June 18, 2010
Wisconsin students have the right to free speech, even when it causes offense. In the recent examples of students wearing controversial t-shirts in Mosinee and Gale-Ettrick-Trempealeau schools, the ACLU of Wisconsin underscores the need for a greater understanding of student expression rights and clearer policies on discipline for disorderly conduct. Read more…
Press Release: 6/18/2010 – Wisconsin Students Have Free Expression Rights (PDF)

ACLU of Wisconsin calls for public investigation of police confrontation at UW-Milwaukee
Friday, March 5, 2010
Today, Christopher Ahmuty, Executive Director of the American Civil Liberties Union of Wisconsin issued the following statement regarding an incident at a student protest at the University of Wisconsin at Milwaukee (UWM). Press Release

For more resources and information on the ACLU’s work on free speech across the nation, please visit the ACLU’s free speech webpage.