A.C.L.U. Defends the N.R.A.’s Free Speech

(p. 23) The American Civil Liberties Union and the National Rifle Association agree about very little. They are often on opposite sides in major cases, and they certainly have starkly different views about gun rights.

But when the Supreme Court agreed to hear the N.R.A.’s free-speech challenge to what it said were a New York official’s efforts to blacklist it, one of its lawyers had a bold idea. Why not ask the A.C.L.U. to represent it before the justices?

. . .

David Cole, the civil liberties group’s national legal director, said the request in one sense posed a hard question.

“It’s never easy to defend those with whom you disagree,” he said. “But the A.C.L.U. has long stood for the proposition that we may disagree with what you say but will defend to the death your right to say it.”

Mr. Cole’s group has been subject to occasional criticism that it has become less attentive to free-speech principles and more devoted to values rooted in equality in recent years. He rejected that critique, even as he acknowledged that the decision to represent the N.R.A. would not meet with universal praise.

. . .

“It will be controversial, within and outside the A.C.L.U.,” Mr. Cole said. “But if it was easy, it wouldn’t mean as much.”

He added: “In this hyper-polarized environment, where few are willing to cross the aisle on anything, the fact that the A.C.L.U. is defending the N.R.A. here only underscores the importance of the free speech principle at stake.”

In a statement, the civil liberties group drew a distinction.

“The A.C.L.U. does not support the N.R.A. or its mission,” the statement said. “We signed on as co-counsel because public officials shouldn’t be allowed to abuse the powers of the office to blacklist an organization just because they oppose an organization’s political views.”

For the full commentary, see:

Adam Liptak. “A.C.L.U. to Represent N.R.A. in Supreme Court.” The New York Times, First Section (Sunday, December 10, 2023): 23.

(Note: ellipses added.)

(Note: the online version of the commentary has the date Dec. 9, 2023, and has the title “The A.C.L.U. Has a New Client: The National Rifle Association.”)

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