AmericanProtest.net > OK, Let's Curb ACLU Fees

By Wayne Boettcher
Posted: 10/07/2005

I said the following in a previous column from December 17, 2004 called US vs. ACLU:

Many pundits are now calling to "stop taxpayer funding of the ACLU" by preventing them from getting attorneys fees in legal cases they win against government. I disagree with this tactic. Often government entities do oppress their own citizens and must be sued, and when they lose, it's only right in many instances that they should pay the attorneys fees. I certainly would like them to pay for my attorney should I have to sue them and if I win!

But since we're dealing with the ACLU here, normalcy does not apply. Remember, many of their cases are not real legal cases such as you or I might have against the government. They are wacky, freaked out cases where there is no real damage to anyone, based on the idea that someone is "offended" by the sight of people being happy and exercising freedom of religion. Of course, you can always find somebody to be offended by something and most believe that the ACLU usually prepares their cases beforehand then goes out and finds an "offended" person, as I talked about in another previous column ACLU - ICU.

But I digress. I advocated in US vs. ACLU that these "Establishment Clause" cases should never be brought before the court at all, saying: In many of these instances, the ACLU clearly should have been fined instead for filing a frivolous lawsuit and the case dismissed! If that would occur, we wouldn't be worrying about lawyer fees! But that's not happening. The cases are going before courts and sometimes won by the ACLU.

Recently, I got an email from a fellow protester and US Army Artillery Corps veteran who said the following:

I just finished reading the US vs. ACLU column and there exists an inaccuracy in the text. It concerns the petition to remove the ACLU from taxpayer funding.

I am a contributing writer of Stop The ACLU and a co-founder/administrator of the Stop The ACLU BlogBurst. Our organization is supporting the legislation being considered in the House now to remove the ability for a judge to award attorney's fees in Establishment Clause cases. Under the current law, judges may award fees to attorneys who represent clients in any civil rights suit if in any portion of that suit their client prevails. They can lose the over-all ruling but they could still be awarded these fees.

It is these fees that give the ACLU extortion power over local governments. All the ACLU has to do is threaten legal action then a local government has to weigh the costs of fighting their suit and the possibility of being forced to not only pay damages, but legal fees to the ACLU if they lose, against the well being of their citizens. The local government may be completely in the right, but out of fear of the loss, and the expense, they often times give in to the will of the ACLU.

The ACLU continues to prostitute the law to favor them. And recent cases in the federal court system which have expanded the reach of the court and the power of the court to create law instead of interpret law, elevates fears of local governments and leads to not only overly cautious activity in local governments, but in the federal judiciary itself.

There is a case where an 8-year-old girl was denied the ability to sing a song in a school talent show the day of the show. The school was afraid that if she were permitted to sing a song of a religious nature the ACLU could hold them accountable. Well, as it turns out for a change the ACLU is involved in a suit over this issue all right, but on the side of the girl.

At the heart of this case is a federal judge. A judge who refused to get involved in a complex constitutional issue at the 11th hour. It was the school that allowed this girl to practice this song for weeks and created the 11th hour nature of the case. But still he refused.

It is this Orwellian Big Brother complex of the ACLU and their obsessive need to involve themselves in local matters and dragging anything that they think is objectionable into federal court. For once they are on the proper side in the case of the 8 year old girl. But they created the situation in the first place. If the school board wasn't so afraid of the ACLU involving themselves in this case for allowing the girl to sing, she would have had her day on stage and this would be a non-issue.

Removing the funding and forcing them to truly offer pro bono services instead of allowing them to turn every and all cases which they become involved with into profit making enterprises, we deflate some of their power. But until then, ending judicial activism will have no affect. Especially since the Liberals in the Senate have chosen to do whatever they can to block strict constructionists from the bench.

So your opposition to the effort to remove the ACLU from the taxpayer dole is misinformed. The current effort has to do with Establishment Clause cases only. It does not have an effect of suits involving other civil liberties.

Regards,

Gribbit

Maybe someday ACLU's bullying litigation will always be thrown out immediately because of it's frivolity, allowing our courts can get back to serious business. In the meantime, we must enact laws to curb whatever abuses the slippery lawyers of ACLU can think of. This legislation will indeed help "stop the ACLU" from clubbing small towns and hapless citizens with threats of big fees in cases where no actual harm occurs without curbing our own rights. AmericanProtest.net supports this effort wholeheartedly and I've signed the petition available on Stop The ACLU Blog.

Thanks for pointing that out, Gribbit! The noble efforts of Stop the ACLU and Stop the ACLU Blog are highly critical and an exciting new development in grass roots protesting and the blogosphere. Many high powered ACLU lawyers are stonkered and discombobulated by the logic and good sense of the liberty loving Americans in these partner groups. Keep up the good work as together we stand against the ACLU - and stand up for America!

Wayne Boettcher is the owner of AmericanProtest.net

Related links:

Bill to take profit out of anti-religion suits (WND)

Stop The ACLU Blog

Stop The ACLU

Gribbit's Word

AmericanProtest.net asks Devvy Kidd about the ACLU
- Liberty Watch Radio Show Audio Excerpt

ACLU - ICU - AmericanProtest.net 03/18/2005

US vs. ACLU - American Protest.net 12/17/2004

US vs. ACLU - Part II - American Protest.net 12/24/2004

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