Image by iStock

To the editor:

Regarding Zaid Jilani’s contention that “The ACLU Has Lost Its Way” published in these pages: We have not. We were too hasty in a tweet that proclaimed the shooting of Deon Kay a murder, but we acknowledged our mistake. To be clear, we believe in racial justice and due process.

Mr. Jilani cites three pieces of evidence for this contention that that the ACLU has “lost its way.” First, he claims that our policy against defending the right to march while bearing arms is an underhanded way to avoid defending conservative causes. That policy dates back to the 1930s, and we have continued to defend those with whom we disagree, including a conservative school newspaper in San Diego shut down for satirizing “safe spaces,” and the NRA, which we supported in a First Amendment lawsuit against Gov. Andrew Cuomo for using his financial regulatory authority to discourage banks from doing business with the NRA.

Forwarding the News

Thoughtful, balanced reporting from the Forward and around the web, bringing you updated news and analysis each day.

Terms(Required)

I agree to the Forward's Terms of Service and Privacy Policy

Email(Required)

Second, he criticizes our lawsuit against certain provisions of Education Secretary Betsy DeVos’s Title IX regulations governing sexual assault and harassment on campus. But he fails to note that we have challenged provisions reducing schools’ obligation to respond to complaints, and have not challenged, but rather publicly supported, fair procedures including live hearings, the opportunity for cross-examination, and access to evidence.

Third, he notes that the ACLU has a political organizing arm that has, among other things, advocated to retain the Affordable Care Act. But he fails to note that that organizing arm has focused its efforts on many core civil rights and civil liberties issues, including the right to vote, the right to protest, and immigrants’ rights. We remain nonpartisan, but believe that we can and should use all the tools of democracy to defend civil liberties. As for the ACA, it is a critical law protecting the rights of people with disabilities, particularly in its prohibition on discrimination against persons with pre-existing conditions.

So, yes, we made a mistake. But no, we have not lost our way. We continue to advocate and litigate for the rights of all. As our motto says, We believe “We the People” means all of us.

David Cole

National Legal Director, ACLU

The Forward is free to read, but it isn’t free to produce

I hope you appreciated this article. Before you go, I’d like to ask you to please support the Forward.

Now more than ever, American Jews need independent news they can trust, with reporting driven by truth, not ideology. We serve you, not any ideological agenda.

At a time when other newsrooms are closing or cutting back, the Forward has removed its paywall and invested additional resources to report on the ground from Israel and around the U.S. on the impact of the war, rising antisemitism and polarized discourse.

Readers like you make it all possible. Support our work by becoming a Forward Member and connect with our journalism and your community.

This is a great time to support independent Jewish journalism you rely on. Make a gift today!

—  Rachel Fishman Feddersen, Publisher and CEO

Support our mission to tell the Jewish story fully and fairly.

$90 $180

$360

Other amount