In the Battle for the Public’s Right to Know, ACLU Wins a Round

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Count one for the good guys. In the government’s ongoing fight to control information in the public sphere, someone with the right combination of chutzpah, legal expertise, and media savvy finally got the government to back down in a stand off.

That “someone,” of course, was the ACLU, who as of late has be enmeshed in a battle with federal prosecutors over a document detailing the Army’s new internal regulations on photographing detainees. (The document is now available on the ACLU website and is relatively harmless.)

What’s remarkable is that there is no national security justification for suppressing the document. It was a use of the legal apparatus by the government to quash unflattering news, which is pretty draconian. Of course, the ACLU has some boasting to do: “This was a legal stand-off with enormous implications for free speech and the public’s right to know, and today the government blinked,” said ACLU Executive Director Anthony D. Romero. “The Bush Administration’s attempt to suppress information using the grand jury process was truly chilling and is unprecedented in law and in our history as an organization. We could not be more pleased to have turned back the government from its strong-arm tactics.”

This is part and parcel with the Bush Administration’s fight with the press. “In this case,” said Floyd Abrams, a First Amendment lawyer, “the ACLU’s function is presslike” in that is acts as a government watchdog and delivers important information to the public. A while back, Mother Jones mentioned that the number of subpoenas that the Heart Co. has received of its lawyers has increased twentyfold over the last few years. Other examples of press suppression abound, which is why the United States tied for 53rd in the last Press Freedom Rankings.

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And the truth is, going into the final 4 days of the year we still needed to raise $TK to hit our $350,000 goal and start 2021 on track. It's nerve-wracking, wondering if the big spike we normally see at the end of December is going to be another thing that doesn't go as planned in 2020, or worse, if, now that Donald Trump is set to leave the White House (for longer than a taxpayer-funded golf trip to a property he owns), folks might be pulling back from fighting for the truth and a democracy and think the hard work is done.

It's not, and if you can right now, please consider a year-end donation to support our team's fearless nonprofit journalism so we can close that big fundraising gap and finish the year strong, ready for all that's ahead in 2021. Whether you can give $5 or $500, it all matters in keeping us charging hard, and we'd be grateful.

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