David Goldberger

The New York Times (#WHOA) probes ACLU's move away from First Amendment liberalism

The New York Times (#WHOA) probes ACLU's move away from First Amendment liberalism

I don’t know about you, but The New York Times was the last place that I expected to see a long news feature about disturbing trends at the American Civil Liberties Union away from its proud history of First Amendment liberalism.

I am sure that some ACLU insiders must have felt the same way, especially in light of recent headlines about the rising power of a generation of woke journalists at the Times. The pot calling the kettle black?

But there was no way around the contents of that dramatic double-decker headline the other day:

Once a Bastion of Free Speech, the A.C.L.U. Faces an Identity Crisis

An organization that has defended the First Amendment rights of Nazis and the Ku Klux Klan is split by an internal debate over whether supporting progressive causes is more important.

As the headline states, the emphasis in this report is about free speech. Maybe it was too much to ask Times editors to see the same illiberal trend developing in ACLU work defending the First Amendment clause protecting religious freedom, without “scare quotes.”

But we will take what we get because of the influence that the Times has in other newsrooms and even in some influential corners of elite academia.

The story opens with an event celebrating the career of lawyer David Goldberger, who played a key role in the famous 1978 case when the ACLU defended the free speech rights of Nazis to march in Skokie, Ill., the home of many Holocaust survivors. Read this long passage carefully:


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