The right to express unpopular opinions, advocate despised ideas and display graphic images is something the ACLU has steadfastly defended for all of its nearly 80-year history. But the ACLU, a group for which I proudly worked as executive director of the Florida and Utah affiliates for more than 10 years, has developed a blind spot when it comes to defending anti-abortion protesters. The organization that once defended the right of a neo-Nazi group to demonstrate in heavily Jewish Skokie, Ill., now cheers a Portland, Ore., jury that charged a group of anti-abortion activists with $107 million in damages for expressing their views. Gushed the ACLU's press release: "We view the jury's verdict as a clarion call to remove violence and the threat of violence from the political debate over abortion." Were the anti-abortion activists on trial accused of violence? No. Did they threaten violence? Not as the ACLU or Supreme Court usually defines it, when in the context of a call for social change. The activists posted a Web site dripping with animated blood and titled "The Nuremberg Files," after the German city where the Nazis were tried for their crimes. Comparing abortion to Nazi atrocities, the site collected dossiers on abortion doctors, whom they called "baby butchers." ... This is ugly, scary stuff. But it is no worse than neo-Nazi calls for the annihilation of the Jewish people, or a college student posting his rape fantasies about a fellow coed on the Web, both of which the ACLU has defended in the past. None of the anti-abortion group's intimidating writings explicitly threatened violence. Still, the ACLU of Oregon refused to support the defendants' First Amendment claims. Instead, it submitted a friend-of-the-court brief taking no one's side but arguing that speech constitutes a physical threat only when the speaker intends his statement to be taken as one. ...Before anti-abortion zealots started getting sued, the ACLU had much more tolerance for menacing speech. Few of the 20th century's great social movements were entirely peaceable. The labor, civil-rights, antiwar, environmental and black-power movements were an amalgam of violence, civil disobedience and highly charged rhetoric. But to gag fiery speakers who call for harm to the establishment because others in the movement pursue their political goals with fists, guns or bombs would do terrible damage to strong, emotive pleas tot social change. It is something neither the ACLU nor, thankfully, the courts have countenanced in the past. That's why in 1969 the ACLU helped defend a Ku Klux Klan member who had called for violence against the president, Congress and the Supreme Court. At the ACLU's urging, the Supreme Court ruled that speech advocating violence was constitutionally protected unless it incited imminent lawless action and was likely to produce such action. This case was later used to defend the speech of black militants. The ACLU also applauded a 1982 Supreme Court decision that found that speeches promising violent reprisals were protected by the First Amendment. During the civil-rights movement, a leader of the NAACP called for "breaking the necks" of blacks who violated a boycott of white-owned businesses in Mississippi, and published a list of those who did. Some of the boycott violators were beaten. The court ruled that despite the atmosphere of fear, all the speeches and lists were part of a debate on a public issue that needed to be "uninhibited, robust, and wide-open."

I would argue that the Constitution doesn't protect all of these extreme positions of the ACLU, but that isn't the point he is trying to make. The issue is the ACLU's curious commitment to "uninhibited, robust, and wide-open" free speech when it involves things such as virtual child pornography, but not when it involves a something like a boss making racially offensive statements. Unfortunately, there are some people who are so hypnotized by the ACLU's absolutist views and of the ACLU's campaign for pedophilia and child pornography that they are prepared to defend an organization that has become a shadow of its former self--a group that lets its idealistic and skewed understanding of the establishment clause trump freedom of religion and freedom of speech.

The ACLU played a helpful role in the civil rights movement defending these people, and I can’t turn my back on that. I have to give credit where credit is due.” “But….that being said, what they have done in the past is completely eviscerated by what they do in the present. The ACLU has become a fanatical anti-faith Taliban of American religious secularism.” “The ACLU is involved in the secular cleansing of our history. This is not just a fight about free exercise, but about the protection of our American history. The ACLU want to deny America the knowledge of their Christian heritage.”