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AMER. CIVIL LIBERTIES UNION.
Term Paper ID:20339
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Essay Subject:
Sociology of legal rights organization. Founding, leadership, major causes, stability, diversity, goals.... More...
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Paper Abstract:
Sociology of legal rights organization. Founding, leadership, major causes, stability, diversity, goals.
Paper Introduction:
The American Civil Liberties Union
and the Sociology of its Organization
The American Civil Liberties Union arose during World War I and has been at the center of controversy since that time. its birth came from the impetus to defend free speech, and its involvement in some of the most famous events in American history--the internment of the Japanese-Americans in World War II, the anti-communist witch hunt, the fight for abortion rights, and many other causes--has made it one of the most important and unpopular organizations in this country (Walker, 1990, p. 3). It is the purpose of this paper to discuss the origin and history of the ACLU, the organization's focus on current problems, and aspects of the organization in terms of concepts drawn from theories of sociology of organizations.
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The organization is not a person, and statements regarding goalsmust be restricted to certain leaders or subgroups within the membership. The ACLU has actively supported the idea of aguaranteed annual income as a constitutional right. Ripston also spoke against the censorship of war reporting. Great social change onmany civil issues caused increased activity for the ACLU. The ACLU'sabsolutist position on freedom from censorship has led it to opposecensorship of pornography and to fight religious displays on governmentproperty (Walker, 199 , p. Harvard law professor Alan Dershowitz says that the ACLUis "caught in a tugof-war between civil liberties and the politics of theleft" (Cauchon, 1993, p. This zeal for controversy and justice has flamedmany controversial efforts, including the most famous one in 1976, theright of American Nazis to march through Skokie, an Illinois town full ofsurvivors of the Holocaust. They mention thatorganizations do not operate as persons. its birth came from theimpetus to defend free speech, and its involvement in some of the mostfamous events in American history--the internment of the Japanese-Americansin World War II, the anti-communist witch hunt, the fight for abortionrights, and many other causes--has made it one of the most important andunpopular organizations in this country (Walker, 199 , p. 613). In the earlier days of the organization, no doubtthere was great supportiveness within the ranks of ACLU membership. One can remember whencomputer hacking was not known. Conventional bureaucraciestend to respond to changes which maximize material returns and preservehierarchical structures. As the sources ofinformation become limited, the possibility for government controlincreases (Blanchard, 1991, p. This purpose of championing unpopular causes gives the ACLU acontroversial reputation and sometimes an immediately negative association. The American Civil Liberties Union, by its very nature, is inconstant conflict with the values of the culture in which it functions. The new agenda of the ACLU. It is this absolutist position that causes much misunderstanding ofthe ACLU and its goals. (1991, June 17). The social psychology oforganizations. In the 198 's the homeless in California experienced delay inobtaining shelter from the government, and the ACLU stepped in to demandsame day placement and an increase in the daily stipend of $8. Katz and Kahn caution the reader in the area of understandingorganizational goals. The ACLU then sued over the role that said that novisitors were allowed in the rooms of the welfare hotels and again won.Also the ACLU challenged the rule that said that if a homeless recipient ofaid missed two successive appointments for a job, he could be denied relieffor sixty days. Civil dispute within the ACLU. The ACLU was founded in 192 , when the promises of the Bill of Rightshad little practical meaning for ordinary people. 2). Coping with diversity requires moreadjustment than dealing with a uniform situation. In an organization as large as theACLU, the multiple operative goals may cause conflicting goals to arise,goals which are not in keeping with the official goals. She saidthat the Pentagon controlled the information regarding the war in thePersian Gulf, as well as Panama and Grenade, examples of erosion of thefreedom of information. per person per day (Donohue, 1991, p. They state that "people act first and thenrationalize their actions" (1978, p. The uniqueness of the ACLU as a complex social organization is aconsequence of several important features of American life-the writtenConstitution with a Bill of Rights, a cultural heritage which highly valuesindividual liberty, and a political tradition which places the Supremecourt in a prominent position for resolving conflict within the legalsystem (Walker, 199 , p. L. Many interdependentfactors can affect one another to produce a field of bewildering complexityfor the organization. Homosexuals and people withdisabilities were added to the board, which at one time was entirely whitemales, mostly from New York (Cauchon, 1993, p. (1978). Women at that time didnot even have access to convenient birth control, let alone equal rights inthe work place. Of the five environmental sectors discussed, only the natural andphysical environment seems to be secure and supportive of the ACLU. Ramona Ripston: We can't rely on thecourts any more. According to author Peggy Lamson, who wrote a biography of thefounder, Roger Baldwin had a visionary state of mind at the beginning ofthe ACLU. It is thepurpose of this paper to discuss the origin and history of the ACLU, theorganization's focus on current problems, and aspects of the organizationin terms of concepts drawn from theories of sociology of organizations. It labels AIDSas nature's way of making a statement on sexual behavior and frowns onbirth control and families which depart from the nuclear family norm(Kaplan & Springen, 1991, p. Informationally and technologically, there is virtually no comparisonbetween the environment at the present time and that of the 192 's when theACLU was established. With pride, the ACLU calls itself the nation's largest lawfirm, and at any given time may be involved in over one thousand cases. Ripston also commented on the position of the ACLU on privacy issuesin connection with rape. 139). Cauchon, D. (1993, March 31). Stability and turbulence refer to the changing nature of theenvironment within which the organization operates. It concerned her that the press and televisionstations are owned by only a few major corporations. The surrounding society is much more diverse thanin the 192 's. In response to a question regarding the naming ofthe rape accuser in the Kennedy case, she said that the ACLU position isthat rape should be treated like every other crime. 12). (199 ). In the past this was prohibited. The issue of change and resistance to change is ever-present in anysocial organization. 69). At one extreme of thisdimension would be a totalitarian state in which everything is completelystructured. Environments differ in the degree of structuring or clustering, ascompared to complete anarchy or randomness. As organizations become larger, the breadth of the goals greatlyincreases. The judge sided with ACLU in that case. In a formal sense, the ACLU is a private voluntary organizationdedicated to defending the Bill of Rights. The American Civil Liberties Union has changed greatly to maintainits philosophical position in a changing society. These authors say that policies are generally the result ofinfighting, concessions, and eventual coalition formation. Katz and Kahndefine organizational conflict as direct interaction that causes theactions of one group to prevent or compel some outcome against theresistance of the other group (1978, p. Katz and Kahnattribute the designation of these variables to the classic paper of Emeryand Trist. Even at the age of ninety-two, when Lamson interviewed him for thebiography, he did not feel any more finished with his work than when he hadbegun (1976, p. USAToday, pp. The Vietnam War was thefirst one that the nation viewed each evening in the privacy of theirhomes, and information issues finally came before the ACLU with DesertStorm and Desert Shield. 128). One canremember when credit card theft did not exist. Earlierparagraphs in this paper describe some of the quite diverse aims of theACLU in recent years compared with the simpler concerns of the earlier daysof the organization. Mass communication has greatly changed the culturallandscape within which the ACLU operates. This is simply human nature,and only over a period of time do people acquire understanding of how andwhy certain behavior occurred. He believed thatcrusaders don't stop, and that no fight for civil liberties ever stays won. On a matter of principle, theclients are not charged (Cauchon, 1993, p. A battle overteaching sex ed. The double jeopardyposition has shifted as it becomes legal to prosecute a person twice forthe same crime. 1). The election symbolized the group's commitment to affirmativeaction. In the struggle to deal with the real worldand increasingly diverse membership and issues, the strength of the ACLUfaces great challenge. 291). The geography, naturalresources, and climate are as harmonious with the ACLU as any otherorganization in the country. Conflict is an element of any social organization. The price of survival is complete compliance. (1991, August). The essential goal of the ACLU is its professed commitment to the non-partisan defense of the Bill of Rights. Butthe reality is that few women wish to be associated with the rape stigma(Blanchard, 1991, p. For example, the right to a fair trial can conflictwith the right to a free press (Cauchon, 1993, p. The 83-member national board is now5 percent female and 2 percent minority. This means defending the rights ofeveryone, including free speech for Communists, Nazis, and Ku Klux Klanmembers. 32). Newsweek, p. As Blanchard cited in hisinterview article, over 15 cases were already pending with the SouthernCalifornia ACLU at the time the Rodney King beating became an issue (1991,p. Mrs. Strossen is the ACLU's first woman president (TheEconomist, 1991, p. The ACLU rejectspresumptions that welfare recipients do not wish to work or to gain incomefrom jobs (Donohue, 1991, p. Roger Baldwin: Founder of the AmericanCivil Liberties Union. This is certainly evidenced in the varying problems taken up bythe ACLU over the years of its involvement. This definition is close tothe colloquial understanding of conflict between persons which may causearoused affective states and active verbal or non-verbal aggression.Conflict is generally observable and differs from mere incompatibilities.In recent days the greatest conflict within ACLU is between the followingtwo camps: the civil libertarians, the First Amendment absolutists; and thecivil rights advocates who believe that equality is as important as otherrights. Mrs. Strossen was recently elected because it was believed thatshe was best able to manage the financial aspects of a large, nationalorganization. He atthat time was involved in the establishment of other new and progressiveorganizations which were responsive to the problems of the day--loans toradicals who were in trouble, assistance to the wives of deportedsubversives, and legal concerns for persons defending civil rights (Lamson,1976, p. (1991, January-February). The presence of a womanas its president and addition of minorities, gays, and women on the boardspeak to the diligence in the organization's congruence with its tenets.As the times and surrounding culture change, so the conflicts and changeswithin the ACLU struggle to adapt. In Texas poor leadership and debt caused the ACLU group toshut down. Boston: Houghton Mifflin company.Still freer speech. 5). Some would say that in the sexeducation textbook case in Wisconsin, the issue has become so obscure thatit is not important, but others would say that sexual stereotyping isgreatly harmful and creates greater problems in the long run. Thesesuits were won. 47). For instance the postal service maintained its civil-service style ofoperations even after it was removed from governmental operations. Current critics ofthe ACLU say that the advocate of the First Amendment has sold out topursue fights against racism and sexism (Cauchon, 1993, p. It is inevitable that the new president would befemale. 3). TheACLU functions in an environment which tends presently more toward thestructured, although certainly at times in some parts of the country thereis a high degree of anarchy. Thereis nothing unfriendly in the actual physical terrain of the United Stateswhich makes the existence of the ACLU challenging. The initialRodney King verdict caused quite obvious turbulence in Los Angeles, pushingracial inequality and police brutality in the forefront of ACLU concerns.In general for the ACLU, the stability-turbulence dimension will vary fromdecade to decade as the tenor of the country changes. In other words, any organization must adapt to these fiveenvironments in order to survive change and randomness. Baldwin's vision of the civilliberties struggle called for militant and direct action. New York: John Wiley & Sons. The availability of naturalresources and labor greatly influences the ease with which an organizationscan serve its constituents. Current membership is over3 , , and in addition to the national office in New York and an officein Washington, D.C., it maintains affiliates in forty-six states (Walker,199 , p. In the 1988 presidential election campaign, Republican candidate GeorgeBush attacked his opponent, Michael Dukakis for being a member of the ACLU,immediately casting aspersions on the viability of Dukakis as a leader forthe country (Walker, 199 , p. The ACLU has beeninvolved in 8 percent of the landmark cases regularly cited inconstitutional law texts, and the subsequent expansion of individual rightshas permanently altered the fabric of American life. Walker, S. 1). That is, we cannot attributechoice, learning, and decision-making to large organizations in the sameway that we might describe an individual person (Katz & Kahn, 1978, p.48 ). The environment of an organization will vary with respect to thediversity-homogeneity factor. The ACLU has not actively taken onpoverty as a violation of civil liberties but has successfully foughtdiscrimination based on race, sex, ethnic background, religion, andphysical handicaps. Opposition to change is common when the requirementsof the change are strenuous. (1991, February 2). Finally, the dimension of scarcity-munificence affects thefunctioning of the social organization. The Progressive, pp. Understanding of successful behavior issystematically included in deliberate and conscious planning, but at firstit may have been rather accidental or random. In order to understand the ACLU and itsposition in this particular society, it is necessary to understand thesociety itself. 8). 2). New York: oxford University Press.----------------------- 17 The ACLU as a socialorganization was initially likely more homogeneous than in present times.Sheer size makes a great difference. The turbulence factor for the Southern CaliforniaACLU is greater than for one in another geographic section of the countrywhere there is less activity and controversy. 77 ). 32). 2). The civil rights advocates believe that the Fourteenth Amendmentis as important as the First Amendment, and that, for instance, speech canbe limited if it harasses women or makes it impossible for women orminorities to get equal education and employment (Cauchon, 1993, p. The civil libertarian dissidents believe that the ACLU started tolose its power in 198 when it implemented an aggressive affirmative actionplan within the organization itself. 26. At that time, who could have imagined that homosexualswould be openly exercising various civil liberties. According to the ACLU, the book characterizes boysas the sexual aggressors and girls as virginity protectors. Privacy was not always an issue in thiscountry. A. Often large organizations will keep some aspectsof an older order while incorporating newer adaptations to current demands. Itis always in the arena of conflict and controversy because the ideas andfreedoms which it defends are those which have most recently arisen.Politically, it tends to position itself toward the left, as the society isgenerally more conservative or settled in a middle ground philosophicallyand culturally. The issue of media coverage of awar simply could not have arisen in the 192 's. Historically, because of the nature of the purpose ofACLU, the relationship with the surrounding environment has been hostile.This is an organization which creates conflict on purpose in order toachieve an end. Size can be an important factor.some businesses do well by catering to the mass market; others tailor aproduct or service to a very small, specialized clientele. What seems to distinguish ACLU membersfrom mainstream liberals is their skepticism of government power. 26). per personto $16. She advocated the departure ofDaryl Gates and a better cooperation between the Los Angeles community andthe police department. 3). The ACLU then suedfor blankets and an adequate room temperature in the welfare hotels. For instance Utopian societies have notoriously haddifficulties enduring because of their departure from the values of thesurrounding society (Katz & Kahn, 1978, p. The ACLU has unique challenges in connection with the hostility-supportiveness variable. Thenature of its causes changes as the abundance-scarcity dimension shifts.It is a different type of society that brings forth the issue of blanketsand daily stipends for the homeless compared to working conditions for coalminers in the 192 's. 69). Morerecently with more diverse types of people joining ACLU, there is lessersupportiveness. Donohue, W. Those who criticize the ACLU for taking the Bill of Rightsto extremes must remember that it is a part of the very pulse and fiber ofthis country always to defend freedom. Within large socialorganizations, there is no central nervous system which coordinates all theactions in a unified manner (Katz & Kahn, 1978, p. Kaplan, D., & Springen, K. Another aspect ofhomogeneity is the congruence of an organization with the surroundingenvironment. Other recent efforts of the ACLU have included the defense of tenantrights in housing, the rights to housing and work, and the right to aminimum standard of living. 481). Itappears before the Supreme Court more often than any other organization,except the federal government. The mainstream economy will not support it. Again, the very definition of such an organization as ACLUmakes its economic environment tenuous. Social Science and Modern Society, 28 (_Z), 5-13. Sometimesspecific subgroups and individuals have responsibilities, and many times adhoc committees focus on particular concerns. Ramona Ripson, the current director of the American Civil LibertiesUnion of Southern California, spoke in a 1991 interview of some 15 casespending involving the Southern California ACLU, including the issue ofpolice brutality (Blanchard, 1991, p. Social psychologists Daniel Katz and Robert Kahn describe fiveenvironmental sectors which apply to the functioning of organizations: (1)the value patterns of the cultural environment, (2) the political structureof legal norms, (3) the economic environment of market and labor, (4) theinformational and technological environment, (5) and the natural orphysical environment of geography, natural resources, and climate (1978, p.124). Ripston advocates that such public figuresspeak for themselves if they wish it to be public knowledge that they aregay. Roger Baldwin, a notedactivist of the time, headed the new, unique organization which proposed toimpartially defend civil liberties. 2). Now at age 73, the ACLU can look backon an extraordinary record of accomplishment and many changes in theperceptions of civil liberties (Walker, 199 , p..371). Again, thenature of the media and the complexities of living in a technologicalsociety greatly alter the abundance factor in the environment. 5). This novel challenge provokedcontroversy because it asked the state to suppress the curriculum becausethey disapproved of the content. one recent action of the ACLU demanded in Wisconsin that a sexeducation book, Sex Respect, be removed from all public school use becauseof sexual stereotypes. 69. Katz and Kahn discuss four more specific dimensions of the sociologyof organizations: stability-turbulence, uniformitydiversity, clustered-randomness, and scarcity-munificence (1978, p. Leftist intellectuals, trade unionists, and the radical fringejoined with other subversives to defend civil liberties in America. 125). Much ofthe labor is volunteer.Sociologically, this tenuous position makes the organization financiallyinsecure. The American Civil Liberties Union and the Sociology of its Organization The American Civil Liberties Union arose during World War I and hasbeen at the center of controversy since that time. 34). Executive director Ira Glasser says that the ACLU has always hadconflict and change. Paradoxically, thismove which outwardly seems in keeping with the goals and philosophy of ACLUproved to weaken the organization because many of these new leaders had noknowledge of civil liberties. Financially, the ACLU affiliates in the major cities fare better thanthose in the more out-lying ones around the country. Historically, the ACLU has been involved in freedom of expression,free expression for the Nazis, the draft and conscientious objectors,McCarthyism, civil rights, church-state controversies, Watergate, women'srights, and religion in the schools. This is a relativeconsideration, greatly fluctuating from year to year and from one area ofthe country to another. This broaddefinition of discrimination is an example of Oliver Wendell Holme's famousdictum that the First Amendment encourages Americans to defend thoughtsthey hate (Kaplan & Springen, 1991, p. Among 3 , members one couldexpect great diversity. 32-34. Katz, D., & Kahn, R. 5). At the otherend of this continuum would be conditions during civil war or riots inwhich there is, for a time period, relative disorder or randomness. The concept of "outing"--naming public figures who are gay or lesbianis also currently debated. As well as physical natural resources, theconcept of abundance can relate to sophistication in knowledge andtechnology (Katz & Kahn, 1978, p. 1-2. She posed the perplexing question of why the LosAngeles police cannot seem to emphasize crime prevention as well asconstitutional rights. It means defending medical rights for prisoners. It is not illegal forpublic schools to teach from a particular point of view. Such individuals can be effective role models for other homosexuals,but if the person does not wish his or her sexual orientation to be known,Ripston believes that choice should be available. Under Mrs. Strossen's leadership many causes have been in theforefront--prisoners' rights, homosexual rights, and college campus freespeech. Lamson, P. 126). The sheer complexity of life in the 199 'sprecipitates a great many more issues to handle. In defense of American liberties: A history ofthe ACLU. Mg Economist, p. It is usually defending less thanpopular viewpoints. Four to five thousand volunteer attorneyscomprise the bulk of the personnel. Baldwin himself described himself as a crusader. 34). He believed that the battlefor civil liberties belonged in the arena of public opinion, not in thecourts, which he believed were futile. 4). They merely regarded themselves asrepresentative of certain constituencies--women, minorities, gays--ratherthan as defenders of the Constitution. Most ACLU members have historically been liberals orpeople with leftist sympathies. The ACLUis willing to challenge extensions of governmental power in the name ofsocial betterment, regardless of how controversial or unpopular thatposition may be (Walker, 199 , p. One of the ways to getrid of the stigma that rape victims now experience is to name the names soeverybody will begin to think of rape as simply another violent crime. For example, the economy and social climate of the196 's and 197 's was turbulent in this country. Its tendency to champion borderline absurd causesarouses hatred and despair among opponents and would-be friends andinspires action among its members. An organizations which does not respond tochange is doomed, and also an organization who responds to every externalwhim is doomed (Katz & Kahn, 1978, p. The very abundance of certain material and information can createnew problems and challenges for the type of organization as the ACLU. Typically, educators have had greatlatitude in making choices about course materials. On January 25 of 1991, the ACLU elected a new president, NadineStrossen, a professor law at New York University and formerly the group'sgeneral counsel. Different kinds oforganizations are affected differently by each of these sectors. The ACLU is armed with a budget of $3 million and a national staff of 15 people. He served thecause of labor and wished to place himself and the organization directly inthe center of the fight (Walker, 199 , p. References Blanchard, B. Of the groups 51affiliates, the smaller ones struggle to stay ahead of their billcollectors. (1976). 48 ).
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