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ACLU of Indiana celebrates 60 years of guarding founding principles

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Among the collection of framed degrees, recognitions and pictures hanging on Ken Falk’s office walls is a photograph of an overpass spray-painted with the words “Roadblocks are unconstitutional.”

The picture is a visual reminder of Indianapolis v. Edmonds, 531 U.S. 32 (2000), a case that Falk, legal director of the American Civil Liberties Union of Indiana, fought all the way to the Supreme Court of the United States. At issue was whether vehicle checkpoints set up by Indianapolis police to search for drugs constituted a violation of the Fourth Amendment protection against unreasonable search and seizure.

aclu Ken Falk, American Civil Liberties Union of Indiana legal director (IL Photo/ Aaron P. Bernstein)

While fighting this case in court, Falk received a phone call from a man who described himself as rich, white and one who never thought he would be calling the ACLU of Indiana. However, the caller was incensed about the roadblocks and asserted no government was going to randomly stop him.

The dispute over what is and is not constitutional reflects the ACLU of Indiana’s mission to defend individual rights and preserve the liberties given in the Constitution. The organization champions the Bill of Rights, which it sees as ensuring the minority is not overridden by the majority.

The roadblock case, Falk said, illustrates that members of the minority group are always changing. As the caller realized, anyone can find themselves outside the majority at any time.

“I think it’s vital that people have a voice,” Falk said. “It’s not enough to say the Bill of Rights gives everybody a voice. You have to actively pursue that voice.”

This year marks the 60th anniversary of the establishment of the ACLU of Indiana. The organization was embroiled in controversy at its founding and continues to draw a leery, sometimes angry, response from the public. However, the group maintains that it fights solely for the rights and protections provided in the U.S. and Indiana constitutions.

Although over its history the nonprofit has fought on behalf of seemingly opposing groups – like abortion rights and right to life – the common thread is the threat to the Bill of Rights.

“We see ourselves as playing an important role in American democracy,” ACLU of Indiana Executive Director Jane Henegar said.

aclu timeline“We need to tell people over and over again why we do it,” she said, referring to defending the Constitution. The more people understand why the ACLU of Indiana asks questions, “the more they understand democracy, the better citizens they are, and that benefits everybody.”

Different day, same battle

At the center of many constitutional battles between the ACLU of Indiana and the state and federal governments has been Indianapolis attorney Lawrence Reuben.

Through his work with the organization, Reuben has represented the Ku Klux Klan, the Nazis, and Muslim and Jewish prisoners. He did not always share his clients’ beliefs, but he still fought to protect their right to have those beliefs.

Reuben started practicing in the early 1970s when the protests were raging over Vietnam and the overreach of the Nixon administration was coming to light. He cannot single out a reason for why he became involved with the ACLU of Indiana other than to explain that he has always been interested in “that little piece of paper that Madison and Jefferson and the boys sat in a room in Philadelphia and wrote.”

Continual violations and infringements on rights are not evidence that the ACLU of Indiana has had little impact, Henegar said. Rather the ongoing defense of civil liberties is reflective of a vibrant democracy.

Government is always changing, she said. New public servants take office, new legislative bodies convene, new government agencies start operations, and everyday human beings apply constitutional principles to the circumstances in which they find themselves.

Indiana Attorney General Greg Zoeller has been opposing counsel in several ACLU legal actions. He echoed Henegar in saying that the judicial branch functions properly when both sides are well represented.

“I never complain about individuals or various groups exercising their right to file legal challenges against state statutes they disagree with,” he said. “… Legal challenges are an important safeguard built in to the system to protect against all levels of government exceeding their bounds.”

Pointing to recent headlines about the federal government’s covert surveillance program of cell phones, Reuben sees the founding principles being trampled. Although he believes the actions have put the survival of the republic in jeopardy, he maintains the situation would have been worse if the ACLU had not fought earlier battles over free speech and privacy.

“I think we’d be in deeper doo-doo than we are now,” he said, “and we are in some serious trouble.”

‘Weakest and least powerful’

Henry Price was a young litigator in Indianapolis when he attended a city council meeting in the late 1960s to argue against a pending ordinance barring the production of the musical “Hair.”

As he was waiting for his two minutes to speak, a young African-American man addressed the council, explaining he wanted to file a complaint of police brutality. No city agency would listen to him, he said, so he was appealing to the council.

The alleged beating was part of a larger incident in an African-American neighborhood where police arrested 130 individuals. During the melee, the young man said law enforcement took him behind a mattress factory and beat him.

The members of the council replied they could not help him because they did not have jurisdiction over the police department.

Switching from being a private attorney to being an ACLU attorney, Price told the council it was not a question of jurisdiction but of political will. He then convinced the council to appoint a committee on the matter and hold a hearing.

For three days, he brought witness after witness to testify what had happened that night until a judge enjoined the proceedings. However, by that time, all the charges had been dropped except for one misdemeanor.

“People who have their rights violated,” Price said, “are often the weakest and least powerful.”

In the roadblock case, the least powerful were the drivers being pulled over.

The cert petition for Indianapolis v. Edmonds was pending before the U.S. Supreme Court when Scott Chinn started his new job as the city’s corporation counsel in 2000. Having spent much of his career working in government, Chinn had tangled with the ACLU of Indiana at every level of state and federal courts.

The justices took the case and in a 6-3 ruling found for Edmonds. Even though in the past the court had favored suspicionless searches to stop drunk driving or illegal immigration, it concluded Indianapolis had carried the practice too far.

Thirteen years later, Chinn, now a partner at Faegre Baker Daniels LLP, can readily recall the details of that case, the precedents and the nuances of the ruling. He does not harbor resentment over the case but instead applauds the legacy of the ACLU.

“I like it best when my government clients appreciate that part of the checks and balances that we need to have in government, in our democracy, is realizing the need to have a strong advocate for civil liberties to challenge government actions,” Chinn said.

The photograph of the overpass in Falk’s office does not indicate he considers this the most significant case he has handled. Indeed, a weary smile spread across his face when asked which cases in his nearly 20 years at the ACLU of Indiana have been the most important.

Some cases are lost, some cases are won, Falk said, but there’s always another case.•

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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