Albemarle-Charlottesville Regional Jail via APJames Alex Fields Jr.
Steve Helber, The Associated PressFlowers and other mementos are left at a makeshift memorial for the victims after a car plowed into a crowd of people peacefully protesting a white nationalist rally earlier in the day in Charlottesville, Va., Saturday, Aug. 12, 2017.
Steve Helber, The Associated PressCharlottesville resident Elliot Harding lights a candle as he places flowers and a stuffed animal at a makeshift memorial for the victims after a car plowed into a crowd of people peacefully protesting a white nationalist rally earlier in the day in Charlottesville, Va., Saturday, Aug. 12, 2017.
Mykal McEldowney, The Indianapolis Star via APIn this photo taken Friday, Aug. 11, 2017, multiple white nationalist groups march with torches through the UVA campus in Charlottesville, Va. Hundreds of people chanted, threw punches, hurled water bottles and unleashed chemical sprays on each other Saturday after violence erupted at a white nationalist rally in Virginia.
Mykal McEldowney, The Indianapolis Star via APIn this photo taken Friday, Aug. 11, 2017, multiple white nationalist groups march with torches through the UVA campus in Charlottesville, Va. Hundreds of people chanted, threw punches, hurled water bottles and unleashed chemical sprays on each other Saturday after violence erupted at a white nationalist rally in Virginia.
Noah Berger, The Associated PressLarisa Roberts joins protesters in Oakland, Calif., during a counter protest to a rally by white nationalists in Charlottesville, Va., on Saturday, Aug. 12, 2017.
Shelby Lum, Richmond Times-Dispatch via APAuthorities work near the scene of a deadly helicopter crash near Charlottesville, Va., on Saturday Aug. 12, 2017.
Shelby Lum, Richmond Times-Dispatch via APAuthorities embrace while working near the scene of a deadly helicopter crash near Charlottesville, Va., on Saturday Aug. 12, 2017. (Shelby Lum/Richmond Times-Dispatch via AP)
These undated photo provided by the Virginia State Police show Trooper-Pilot Berke M.M. Bates, left, of Quinton, Va., and Lt. H. Jay Cullen, of Midlothian, Va. The two were killed Saturday, Aug. 12, 2017, when the helicopter they were piloting crashed while assisting public safety resources during clashes at a nationalist rally in Charlottesville, Va. (Virginia State Police via AP)
Virginia State Police via APThis undated photo provided by the Virginia State Police shows Lieutenant H. Jay Cullen, of Midlothian, Va. Cullen along with Trooper-Pilot Berke M.M. Bates were killed Saturday, Aug. 12, 2017, when the helicopter they were piloting crashed while assisting public safety resources during clashes at a nationalist rally in Charlottesville, Va.
Virginia State Police via APThis undated photo provided by the Virginia State Police shows Trooper-Pilot Berke M.M. Bates of Quinton, Va. Bates along with Lieutenant H. Jay Cullen were killed Saturday, Aug. 12, 2017, when the helicopter they were piloting crashed while assisting public safety resources during clashes at a nationalist rally in Charlottesville, Va. (Virginia State Police via AP)
Ryan M. Kelly, The Daily Progress via APA vehicle reverses after driving into a group of protesters demonstrating against a white nationalist rally in Charlottesville, Va., Saturday, Aug. 12, 2017. The nationalists were holding the rally to protest plans by the city of Charlottesville to remove a statue of Confederate Gen. Robert E. Lee. There were several hundred protesters marching in a long line when the car drove into a group of them.
Ryan M. Kelly, The Daily Progress via APPeople fly into the air as a vehicle drives into a group of protesters demonstrating against a white nationalist rally in Charlottesville, Va., Saturday, Aug. 12, 2017. The nationalists were holding the rally to protest plans by the city of Charlottesville to remove a statue of Confederate Gen. Robert E. Lee. There were several hundred protesters marching in a long line when the car drove into a group of them.
Ryan M. Kelly, The Daily Progress via APA vehicle drives into a group of protesters demonstrating against a white nationalist rally in Charlottesville, Va., Saturday, Aug. 12, 2017. The nationalists were holding the rally to protest plans by the city of Charlottesville to remove a statue of Confederate Gen. Robert E. Lee. There were several hundred protesters marching in a long line when the car drove into a group of them. /The Daily Progress via AP)
Paul J. Richards, AFP/Getty ImagesPeople receive first-aid after a car accident ran into a crowd of protesters in Charlottesville, VA on Aug. 12, 2017. A vehicle plowed into a crowd of people Saturday at a Virginia rally where violence erupted between white nationalist demonstrators and counter-protesters, witnesses said, causing an unclear number of injuries.
Steve Helber, The Associated PressRescue personnel help injured people after a car ran into a large group of protesters after an white nationalist rally in Charlottesville, Va., Saturday, Aug. 12, 2017. The nationalists were holding the rally to protest plans by the city of Charlottesville to remove a statue of Confederate Gen. Robert E. Lee. There were several hundred protesters marching in a long line when the car drove into a group of them.
Steve Helber, The Associated PressRescue personnel help injured people after a car ran into a large group of protesters after a white nationalist rally in Charlottesville, Va., Saturday, Aug. 12, 2017. The nationalists were holding the rally to protest plans by the city of Charlottesville to remove a statue of Confederate Gen. Robert E. Lee. There were several hundred protesters marching in a long line when the car drove into a group of them.
Steve Helber, The Associated PressRescue personnel help injured people after a car ran into a large group of protesters after an white nationalist rally in Charlottesville, Va., Saturday, Aug. 12, 2017. The nationalists were holding the rally to protest plans by the city of Charlottesville to remove a statue of Confederate Gen. Robert E. Lee. There were several hundred protesters marching in a long line when the car drove into a group of them.
Chip Somodevilla, Getty ImagesRescue workers move victims on stretchers after car plowed through a crowd of counter-demonstrators marching through the downtown shopping district Aug. 12, 2017 in Charlottesville, Virginia. The car plowed through the crowed following the shutdown of the "Unite the Right" rally by police after white nationalists, neo-Nazis and members of the "alt-right" and counter-protesters clashed near Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Steve Helber, The Associated PressVirginia State Police cordon off an area around the site where a car ran into a group of protesters after a white nationalist rally in Charlottesville, Va., Saturday, Aug. 12, 2017.
Steve Helber, The Associated PressRescue personnel help injured people after a car ran into a large group of protesters after an white nationalist rally in Charlottesville, Va., Saturday, Aug. 12, 2017. The nationalists were holding the rally to protest plans by the city of Charlottesville to remove a statue of Confederate Gen. Robert E. Lee. There were several hundred protesters marching in a long line when the car drove into a group of them.
Steve Helber, The Associated PressWhite nationalist demonstrators walk into the entrance of Lee Park surrounded by counter demonstrators in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressA counter demonstrator uses a lighted spray can against a white nationalist demonstrator at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressWhite nationalist demonstrators clash with counter demonstrators at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Photo by Evelyn Hockstein for The Washington Post.Ben, a 21-year-old KKK member from Harrison, Arkansas, attends the rally at Emancipation Park. MUST CREDIT: Photo by Evelyn Hockstein for The Washington Post.
Photo by Evelyn Hockstein for The Washington Post.White nationalist groups rally at Emancipation Park.
Photo by Evelyn Hockstein for The Washington Post.Counterprotesters link arms and sing outside Emancipation Park during the Unite the Right rally. MUST CREDIT: Photo by Evelyn Hockstein for The Washington Post.
Photo by Evelyn Hockstein for The Washington Post.White nationalists rally at Emancipation Park in Charlottesville. MUST CREDIT: Photo by Evelyn Hockstein for The Washington Post.
Sarah Rankin, The Associated PressColleen Cook, 26, holds a sign as hundreds of people are facing off in Charlottesville, Va., ahead of a white nationalist rally planned in the Virginia city's downtown, Saturday, Aug. 12, 2017. Cook, a teacher who attended UVA, said she sent her black son out of town for the weekend. "This isn't how he should have to grow up," she said.
Steve Helber, The Associated PressWhite nationalist demonstrators class with counter demonstrators at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressWhite nationalist demonstrators clash with counter demonstrators at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressWhite nationalist demonstrators clash with a counter demonstrator as he throws a newspaper box at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors. (AP Photo/Steve Helber)
Steve Helber, The Associated PressAn white nationalist demonstrator is pushed out of the park by police at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressWhite nationalist demonstrators hold their ground against Virginia State Police as police fire tear gas rounds in Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressWhite nationalist demonstrators clash with police at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressWhite nationalist demonstrators walk through town after their rally was declared illegal near Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017.
Steve Helber, The Associated PressA counter demonstrator throws a water bottle at an white nationalist demonstrator at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressWhite nationalist demonstrators walk into the entrance of Lee Park surrounded by counter demonstrators in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressA counter demonstrator is splashed with water after he was hit by pepper spray from an white nationalist demonstrator after he threw a water bottle at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressA white nationalist demonstrator, bloodied after a clash with a counter demonstrator, talks on the radio receiver at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressA Black Lives Matter New York demonstrator holds a sign to counter white nationalist demonstrators at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressWhite nationalist demonstrators walk into Emancipation Park surrounded by counter demonstrators in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressWhite nationalist demonstrators guard the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Chip Somodevilla, Getty ImagesRescue workers and medics tend to many people who were injured when a car plowed through a crowd of anti-facist counter-demonstrators marching through the downtown shopping district Aug. 12, 2017 in Charlottesville, Virginia. The car plowed through the crowed following the shutdown of the "Unite the Right" rally by police after white nationalists, neo-Nazis and members of the "alt-right" and counter-protesters clashed near Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Paul J. Richards, AFP/Getty ImagesA woman is received first-aid after a car accident ran into a crowd of protesters in Charlottesville, VA on Aug. 12, 2017. A picturesque Virginia city braced Saturday for a flood of white nationalist demonstrators as well as counter-protesters, declaring a local emergency as law enforcement attempted to quell early violent clashes.
Paul J. Richards, AFP/Getty ImagesA Virginia State Trooper secures the area were a car ran into a crowd of protesters on Aug. 12, 2017, downtown Charlottesville, VA. A vehicle plowed into a crowd of people Saturday at a Virginia rally where violence erupted between white nationalist demonstrators and counter-protesters, witnesses said, causing an unclear number of injuries.
Chip Somodevilla, Getty ImagesAnti-fascist counter-protesters gather outside Lee Park and hurl insults as white nationalists, neo-Nazis and members of the "alt-right" try and hold the "Unite the Right" rally in Lee Park Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-facist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesWhite nationalists, neo-Nazis and members of the "alt-right" exchange insluts with counter-protesters as they attempt to guard the entrance to Lee Park during the "Unite the Right" rally Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-fascist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesBattle lines form between white nationalists, neo-Nazis and members of the "alt-right" and anti-fascist counter-protesters at the entrance to Lee Park during the "Unite the Right" rally Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-fascist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Steve Helber, The Associated PressWhite nationalist demonstrators use shields as they clash with counter demonstrators at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Hundreds of people chanted, threw punches, hurled water bottles and unleashed chemical sprays on each other Saturday after violence erupted at a white nationalist rally in Virginia. At least one person was arrested.
Steve Helber, The Associated PressWhite nationalist demonstrators clash with counter demonstrators at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressA counter demonstrator is splashed with water after he was hit by pepper spray from an white nationalist demonstrator after he threw a water bottle at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Steve Helber, The Associated PressWhite nationalist demonstrators clash with a counter demonstrator as he throws a newspaper box at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter protestors.
Chip Somodevilla, Getty ImagesHundreds of white nationalists, neo-Nazis and members of the "alt-right" march down East Market Street toward Lee Park during the "United the Right" rally Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-facist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesWhite nationalists, neo-Nazis and members of the "alt-right" exchange insults with counter-protesters as they enter Lee Park during the "Unite the Right" rally Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-facist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesWhite nationalists, neo-Nazis and members of the "alt-right" clash with counter-protesters as they enter Lee Park during the "Unite the Right" rally Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-facist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesWhite nationalists, neo-Nazis and members of the "alt-right" exchange vollys of pepper spray with counter-protesters as they enter Lee Park during the "Unite the Right" rally Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-facist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesWhite nationalists, neo-Nazis and members of the "alt-right" clash with counter-protesters as they enter Lee Park during the "Unite the Right" rally Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-fascist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesWhite nationalists, neo-Nazis and members of the "alt-right" clash with counter-protesters as they enter Lee Park during the "Unite the Right" rally Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-fascist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesA man makes a slashing motion across his throat twoard counter-protesters as he marches with other white nationalists, neo-Nazis and members of the "alt-right" during the "Unite the Right" rally Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-fascist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesWhite nationalists, neo-Nazis and members of the "alt-right" exchange insluts with counter-protesters as they attempt to guard the entrance to Lee Park during the "Unite the Right" rally Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-fascist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesWhite nationalists, neo-Nazis and members of the "alt-right" leap over barricades inside Lee Park during the "Unite the Right" rally Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-fascist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesA counter-demonstrator marches down the street after the "Unite the Right" rally, a gathering of white nationalists, neo-Nazis and members of the "alt-right" was declared an unlawful gathering Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-fascist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesWhite nationalists, neo-Nazis and members of the "alt-right" take refuge in an alleyway after being hit with pepper spray after the "Unite the Right" rally was declared an unlawful gathering Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-facist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla, Getty ImagesWhite nationalists, neo-Nazis and members of the "alt-right" with body armor and combat weapons evacuate comrades who were pepper sprayed after the "Unite the Right" rally was delcared a unlawful gathering by Virginia State Police Aug. 12, 2017 in Charlottesville, Virginia. After clashes with anti-fascist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Pablo Martinez Monsivais, The Associated PressPresident Donald Trump gestures as he is seen reflected in a ballroom mirror while speaking regarding the on going situation in Charlottesville, Va., Saturday, Aug. 12, 2017 in Bedminister, N.J. Standing behind Trump are military veterans.
Win McNamee, Getty ImagesThe car that allegedly plowed through a crowd of protestors marching through a downtown shopping district is seen after the vehicle was stopped by police several blocks away Aug. 12, 2017 in Charlottesville, Virginia. The car allegedly plowed through a crowd, and at least one person has died from the incident, following the shutdown of the 'Unite the Right' rally by police after white nationalists, neo-Nazis and members of the 'alt-right' and counter-protesters clashed near Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Earl Neikirk, The Bristol Herald-Courier via APLaura Hainsworth, right, and Kristina Morris wave peace signs while holding a rainbow colored PEACE flag during a counter protest to the rally in Charlottesville, Va., on Saturday, Aug. 12, 2017, in Abingdon, Va.
Steve Helber, The Associated PressVirginia Gov. Terry McAuliffe addresses a news conference concerning the white nationalist rally and violence in Charlottesville, Va., Saturday, Aug. 12, 2017.
Steve Helber, The Associated PressVirginia Gov. Terry McAuliffe addresses a news conference concerning the white nationalist rally and violence in Charlottesville, Va., Saturday, Aug. 12, 2017.
Steve Helber, The Associated PressCharlottesville Mayor Mike Signer, right, gestures during a news conference concerning the white nationalist rally and violence as Virginia Gov. Terry McAuliffe, center, and Virginia Secretary of Public safety Brian Moran, left, listen in Charlottesville, Va., Saturday, Aug. 12, 2017.
Steve Helber, The Associated PressUniversity of Virginia President Teresa Sullivan listens during a news conference concerning the white nationalist rally and violence in Charlottesville, Va., Saturday, Aug. 12, 2017.
NEW YORK — Faced with an angry backlash for defending white supremacists’ right to march in Charlottesville, the American Civil Liberties Union is confronting a feeling among some of its members that was once considered heresy: Maybe some speech isn’t worth defending.
Cracks in the ACLU’s strict defense of the First Amendment no matter how offensive the speech opened from the moment a counter-protester was killed during the rally in Virginia. Some critics said the ACLU has blood on its hands for persuading a judge to let the Aug. 12 march go forward. An ACLU leader in Virginia resigned, tweeting, “What’s legal and what’s right are sometimes different.”
“This was a real tragedy and we’re all reeling,” said Lee Rowland, a senior staff attorney at the ACLU’s headquarters in New York City. “Charlottesville should be a wake-up call to all of us.”
The backlash, reminiscent of one that followed the ACLU’s 1978 defense of a neo-Nazi group that wanted to march through Skokie, Illinois, a Chicago suburb with a large number of Holocaust survivors, set off a tumultuous week of soul-searching and led to a three-hour national staff meeting in which the conflict within the group was aired.
What resulted from the backlash was an announcement that the ACLU will no longer stand with hate groups seeking to march with weapons, as some of those in Charlottesville did.
Andrew Shurtleff, The Daily Progress via AP, PoolFrom left, Marcus Martin, hugs his fiancé Marissa Blair as Susan Bro becomes emotional during a memorial for Heather Heyer, Wednesday, Aug. 16, 2017, at the Paramount Theater in Charlottesville, Va. Heyer was killed Saturday, when a car rammed into a crowd of people protesting a white nationalist rally. Martin pushed his fiance out of the way of the vehicle that killed Heyer.
Chip Somodevilla, Getty ImagesA chalk message calling for a park to be renamed after Heather Heyer is written in the street where she was killed and 19 others injured when a car slamed into a crowd of people protesting against a white supremacist rally, Aug. 16, 2017 in Charlottesville, Virginia. Charlottesville will hold a memorial service for Heyer Wednesday, four days after she was killed when a participant in a white nationalists, neo-Nazi rally allegedly drove his car into the crowd of people demonstrating against the 'alt-right' gathering.
Evan Vucci, The Associated PressMourners and clergy pray outside the memorial service for Heather Heyer, who was killed during a white nationalist rally, Wednesday, Aug. 16, 2017, in Charlottesville, Va.
Evan Vucci, The Associated PressCynthia Sullivan of Charlottesville, Va., stands in line for a memorial service for Heather Heyer, who was killed during a white nationalist rally, Wednesday, Aug. 16, 2017, in Charlottesville, Va.
Evan Vucci, The Associated PressMourners and clergy pray outside the memorial service for Heather Heyer, who was killed during a white nationalist rally, Wednesday, Aug. 16, 2017, in Charlottesville, Va.
Joshua Replogle, The Associated PressSusan Bro, the mother of Heather Heyer, holds a photo of Bro's mother and her daughter, Monday, Aug. 14, 2017, in Charlottesville, Va. Heyer was killed Saturday, Aug. 12, 2017, when police say a man plowed his car into a group of demonstrators protesting the white nationalist rally. Bro said that she is going to bare her soul to fight for the cause that her daughter died for.
Julia Rendleman, The Associated PressArtist Sam Welty creates a chalk mural of Heather Heyer during her memorial service Wednesday, Aug. 16, 2017, in Charlottesville, Va. Heyer was killed Saturday, when a car rammed into a crowd of people protesting a white nationalist rally.
Julia Rendleman, The Associated PressSen. Tim Kaine, left, and Charlottesville mayor Michael Signer visit a makeshift memorial Wednesday, Aug. 16, 2017, where Heather Heyer was killed when a car rammed into a crowd of people protesting a white nationalist rally Charlottesville, Va.
Julia Rendleman, The Associated PressA man prays at a memorial at 4th and Water Streets, Tuesday, Aug. 15 2017, in Charlottesville, Va., where Heather Heyer was killed when a car rammed into a group of counterprotesters last weekend. Alex Fields Jr., is charged with second-degree murder and other counts after authorities say he rammed his car into a crowd of counterprotesters Saturday, where a white supremacist rally took place.
Evan Vucci, The Associated PressMourners and clergy pray outside the memorial service for Heather Heyer, who was killed during a white nationalist rally, Wednesday, Aug. 16, 2017, in Charlottesville, Va.
Andrew Shurtleff-Pool, Getty ImagesSusan Bro, mother to Heather Heyer, speaks during a memorial for her daughter, Wednesday, Aug. 16, 2017, at the Paramount Theater in Charlottesville, Va. Heyer was killed Saturday, when a car rammed into a crowd of people protesting a white nationalist rally.
Andrew Shurtleff-Pool, Getty ImagesSusan Bro, mother to Heather Heyer, speaks during a memorial for her daughter at the Paramount Theater on Aug. 16, 2017 in Charlottesville, Va. Heyer was killed Saturday, when a car rammed into a crowd of people protesting a white nationalist rally.
Andrew Shurtleff-Pool, Getty ImagesMarcus Martin (R) hugs his fiance Marissa Blair during a memorial for Heather Heyer at the Paramount Theater on Aug. 16, 2017 in Charlottesville, Va. Heyer was killed Saturday, when a car rammed into a crowd of people protesting a white nationalist rally.
Andrew Shurtleff, The Daily Progress via AP, PooFamily members of Heather Heyer exit after a memorial for Heyer, Wednesday, Aug. 16, 2017, at the Paramount Theater in Charlottesville, Va. Heyer was killed Saturday, when a car rammed into a crowd of people protesting a white nationalist rally.
Evan Vucci, The Associated PressPeople leave a memorial service for Heather Heyer, who was killed during a white nationalist rally, Wednesday, Aug. 16, 2017, in Charlottesville, Va.
Chip Somodevilla, Getty ImagesPeople embrace at the spot where Heather Heyer was killed and 19 others injured when a car slammed into a crowd of people protesting against a white supremacist rally, Aug. 16, 2017 in Charlottesville, Virginia. Charlottesville will held a memorial service for Heyer Wednesday, four days after she was killed when a participant in a white nationalist, neo-Nazi rally allegedly drove his car into the crowd of people demonstrating against the 'alt-right' gathering.
Chip Somodevilla, Getty ImagesA woman leaves a message in chalk on the street where Heather Heyer was killed and 19 others injured when a car slammed into a crowd of people protesting against a white supremacist rally, Aug. 16, 2017 in Charlottesville, Virginia. Charlottesville will held a memorial service for Heyer Wednesday, four days after she was killed when a participant in a white nationalist, neo-Nazi rally allegedly drove his car into the crowd of people demonstrating against the 'alt-right' gathering.
Chip Somodevilla, Getty ImagesA sign calling for Emancipation Park to be renamed after Heather Heyer is placed at the base of a statue of Confederate Gen. Robert E. Lee, blocks from where she was killed and 19 others injured when a car slammed into a crowd of people protesting against a white supremacist rally, Aug. 16, 2017 in Charlottesville, Virginia. Charlottesville will hold a memorial service for Heyer Wednesday, four days after she was killed when a participant in a white nationalist, neo-Nazi rally allegedly drove his car into the crowd of people demonstrating against the 'alt-right' gathering.
Evan Vucci, The Associated PressA photo of Heather Heyer, who was killed during a white nationalist rally, sits on the ground at a memorial the day her life was celebrated at the Paramount Theater, Wednesday, Aug. 16, 2017, in Charlottesville, Va.
“If people are gathering armed to the hilt and hoping for violence, I think the ACLU would be doing damage to our free-speech rights in the long term,” Rowland said.
The newfound limit on how far the nearly century-old ACLU is willing to go to defend free speech sets up intriguing choices in the months ahead. Will it intervene, for example, in the case of a white nationalist rally at Texas A&M that the university canceled after Charlottesville? The ACLU said it won’t discuss when and where it might take a stand.
The seeds of upheaval in Charlottesville were planted when a judge agreed with the ACLU that white nationalists should be able to protest the removal of a statue of Confederate Gen. Robert E. Lee where the monument stands, instead of at a neutral site sought by city officials.
It was a position consistent with the ACLU’s history of defending free-speech rights for protesters on all parts of the spectrum. But then James Alex Fields Jr. was accused of using his car to kill 32-year-old Heather Heyer and injure several others who were staging a counter-demonstration.
Within hours, a board member of the ACLU’s Virginia branch, Waldo Jaquith, resigned and fired off a stinging tweet that ended with, “I won’t be a fig leaf for the Nazis.”
In an opinion piece in The New York Times, K-Sue Park, a race studies fellow at the UCLA School of Law, argued that the ACLU’s defend-in-all-cases approach to the First Amendment “perpetuates a misguided theory that all radical views are equal,” adding that group is “standing on the wrong side of history.”
Virginia Gov. Terry McAuliffe went further, accusing the ACLU of creating a “powder keg” in Charlottesville. The ACLU of Virginia responded by saying it was “horrified” by the violence but didn’t cause it.
“We do not support Nazis,” it said. “We support the Constitution and the laws of the United States.”
After the 1978 furor over the neo-Nazi rally in Skokie, which never actually got off the ground, the ACLU stood firm even as it received hate mail and hundreds of members quit.
The latest criticism of the ACLU has come from some of the same people who had heaped praise and donations on the organization for its resistance to President Donald Trump’s travel ban. Membership surged from 425,000 to 1.6 million, with $90 million in online contributions, in the months since Trump’s election.
“The ACLU has faced much worse before and emerged stronger and more dynamic,” said Ron Kuby, a New York civil rights attorney. “Refusing to represent people who intend to march while visibly armed is a reasonable line to draw given what we’ve seen from the white supremacists.”
ACLU member and Charlottesville resident Ira Bashkow said he never considered quitting the group but feels the disturbing episode in his city showed it has to rethink its “old-line” approach to the First Amendment.
“I believe in the right to free speech, but it doesn’t mean (demonstrators) can say whatever they want and hold a weapon at the same time,” he said.
Stacy Sullivan, an associate director with the ACLU, said that after Charlottesville, a small increase in people quitting as members or dropping off social media last week was made up for by new sign-ups.
She said the ACLU will not shy away from taking unpopular positions.
“If you can’t stomach respecting the First Amendment rights of people you despise,” Sullivan said, “you don’t work here.”





























































































