ACLU Sticks by its Principles, Despite Stealth Attack

by Christopher Ahmuty

April 8, 1997

The American Civil Liberties Union of Wisconsin has responded to the use of its name in an anonymous pre-election post card contrasting candidates in the April 1 election for Justice of the Wisconsin Supreme Court. ACLU of Wisconsin executive director Christopher Ahmuty called the incident, "a real challenge to live up to civil liberties principles in the face of an outrageous smear tactic. The ACLU/WI will continue to protect free speech even by those who seek to use our name to harm."

According to news accounts, the post card read in part:

"Your choices for the Supreme Court are: "Jon Wilcox: 5 years experience on the Wisconsin Supreme Court; 17 years as a judge. "Walt Kelly: 25 years as a trial lawyer; ACLU special recognition award recipient."

Concerning the post card Ahmuty said, "The ACLU/WI does not pass judgment on whether or not the post card is in violation of Wisconsin statutes regulating the registration and disclosure of independent disbursements used to advocate the election or defeat of a clearly identified candidate. However, the post card clearly is intended to influence the election."

"What's more, it is disingenuous at best to suggest that the mention of an ACLU award is considered a mere statement of Kelly's record. Whether it is a compliment or a curse, the ACLU award is mentioned for effect. Given the history of previous attempts to condemn candidates because of ACLU ties, such as George Bush's attack on Michael Dukakis in the 1998 presidential election, and the antipathy of the far right for the ACLU, it is highly likely the post card is an example of an attempt to smear a candidate. This is an example of guilt by association, which sometimes takes advantage of the misunderstandings many people have regarding the role of the ACLU.

"Even though this practice is offensive, and when anonymous as in the post card mailing it is frequently cowardly, the ACLU of Wisconsin supports the rights of any one or any group to engage in independent disbursements that identify the individual or group. The ACLU believes that even disclosure is not required when there is substantial danger of chilling political activity, as in the case of a fringe political group, or if the sums expended are small. Perhaps the individual or group behind the post card has a good reason to remain anonymous. If so, the ACLU of Wisconsin, would support their rights. The ACLU in its defense of civil liberties occasionally has had to represent some pretty unsavory people. "

Ahmuty continued, "What the people behind this post card apparently don't want the public to understand is that the ACLU is recognized as a valuable institution in the defense of fundamental American values: constitutional rights. The ACLU works to defend free speech, religious liberty, privacy, the right to due process, and equal protection under the law. The ACLU protects citizens from government abuse. Who is against constitutional rights? Why doesn't everyone support them? Even if one doesn't agree with everything the ACLU does, everyone should become a card carrying member of the ACLU?"

Ahmuty continued, " This post card incident will not deter the ACLU of Wisconsin from vigorously carrying out its mission, to defend the civil liberties and civil rights of all residents of Wisconsin. In fact, the ACLU of Wisconsin hopes to mount a public awareness campaign to counter the attempted abuse of civil liberties by its opponents."

Ahmuty concluded, "This election season has shown that the ACLU is a serious lightning rod. We admit to being controversial, because constitutional rights are not automatic and they protect unpopular people or causes. However, an organization like the ACLU is needed to take the unpopular positions in support of constitutional rights. Taking unpopular positions will make the ACLU a target for those who publicly or under the cloak of anonymity try to deny Americans their freedom. The ACLU of Wisconsin will continue to fight for what's right."