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September 22, 2004
NE ACLU & the World-Herald
Professor Volokh has some thoughts on the ACLU/World-Herald/10 Commandments controversy that I posted about here that are worth reading. His follow up post is worth reading even more.
My understanding -- which my colleague Norm Spaulding confirms -- is that (1) the ACLU can probably ask the client to agree up front that there are some things it won't do to represent him, but (2) if there was no such agreement, the ACLU may in fact be obligated to do all it can to protect the client. (I had meant to foreshadow that in the original post, but forgot to.) Public interest organizations often do agree with a client that the organization will do certain things (for instance, litigate the theory that is likely to set the precedent they like) and not do other things even if they're in the client's best interest (for instance, spend many hours getting the client a remedy that sets no helpful precedent).
Again, I think it was good to allow the plaintiff to proceed anonymously four years ago, but the usefulness of that ruling has likely run its course.
Posted by Half-Cocked at September 22, 2004 09:44 PM