In honor of Fred Korematsu's 100th birthday, we're re-upping this piece from 2011 on his enduring civil libertarian legacy.
Last Sunday, we celebrated a new holiday declared by the state of California: .” It was an opportunity to remember the simple courage, in the face of grave injustice, displayed by a quiet man who defied the in 1942 sending 120,000 Japanese-Americans to concentration camps. January 30 would have been Fred’s 92nd birthday.
Fred’s decision to suffer the public condemnation of arrest and imprisonment to do what was right, his decision to allow the to represent him in the , and his role 40 years later in fueling the redress movement by reopening his case and seeking true vindication should continue to inspire us today, as should Fred's perseverance. It took Fred nearly 50 years not only to get his own conviction overturned but to finally secure redress for all of those who had been incarcerated with the passage of the , which provided an official apology and reparations from the government and was signed into law by President Ronald Reagan.
Fred’s willingness to stand up against the treacherous collusion of racism, national security, and unaccountable power provides an important narrative in the ongoing political and legal fight against government abuse that, almost seven decades later, we still confront today. Indeed, as part of the so-called “war on terror.” Fred saw that like the Japanese-Americans of his time, those deemed to be “enemy combatants” today continue to be held without formal charges, without any fair hearing to determine guilt or innocence and often without the assistance of counsel.
One is reminded of Federal District Court Judge Marilyn Hall Patel's prescient opinion when she overturned Fred Korematsu's wartime conviction in 1984: "Korematsu stands as a constant caution that in times of war or declared military necessity our institutions must be vigilant in protecting constitutional guarantees. … It stands as a caution that in times of international hostility and antagonism, our institutions, legislative, executive and judicial, must be prepared to exercise their authority to protect all citizens from the petty fears and prejudices that are so easily aroused."
When Fred Korematsu stood hopelessly alone in 1942 — an American citizen vilified and imprisoned in his own country — he could not have imagined that he one day would be seen as a hero and be honored with the Presidential Medal of Freedom. Presenting him with the medal in 1998, President Clinton proclaimed, “in the long history of our country’s constant search for justice some names of ordinary citizens stand for millions of souls … Plessy, Brown, Parks … to that distinguished list … we add the name of Fred Korematsu.”
It is fitting that California should have an official state holiday in Fred Korematsu’s honor (the first statewide holiday honoring an Asian-American anywhere in the country). Unfortunately, it is a bittersweet celebration. For while we recognize the ultimate vindication of Fred Korematsu’s rights, we are reminded that post-September 11 America has slipped backwards. We will soon mark a decade of civil liberties abuses promulgated as a misguided policy that has once again forgotten the lesson taught by Fred’s heroic example: The sacrifice of liberty does not ensure public safety. Indeed, it may ultimately undermine it.
It would be a fitting honor on this “Fred Korematsu Day of Civil Liberties and the Constitution” to be inspired by Fred’s example and to reaffirm our commitment — not only to stand up but to join the march for justice — no matter how long or daunting the journey appears. Fred Korematsu would have insisted.
CORRECTION: A previous version of this post stated President Bill Clinton presented Korematsu with the Medal of Freedom in 1988. That was incorrect. He was awarded the Medal of Freedom in 1998.
Learn More About the Issues on This Page
-
News & CommentaryDec 2024
Civil Liberties
We Need to Know More About State Supreme Court CasesWe Need to Know More About State Supreme Court Cases
State Supreme Courts interpret laws that impact some of the most intimate parts of our lives. Communities have a right to know what’s on the docket. -
Press ReleaseDec 2024
Civil Liberties
New ACLU Report Reveals Most State Supreme Courts Fail to Meet Key Transparency MeasuresNew ACLU Report Reveals Most State Supreme Courts Fail to Meet Key Transparency Measures
NEW YORK — Nearly half of all state supreme courts across the country fail to regularly post new cases they are considering, with only six meeting four key transparency measures already implemented by the U.S. Supreme Court, according to a new report published today by the American Civil Liberties Union. The report identifies significant steps that state supreme courts should take to inform the public about their cases, which have only grown in importance as the federal judiciary has become more hostile to protecting core rights and advocates have turned to state protections and state court litigation in response. Based on an analysis of the practices and policies of the highest courts in each state, including D.C., the report “Scorecard for State Supreme Court Transparency: How Does Your State Stack Up?” ranks each state supreme court in five tiers based on compliance with four key transparency measures. These measures include posting new cases online in a timely manner, providing timely information about legal issues presented by cases, making dockets accessible and free for the public, and making merits briefing accessible and free for the public. “State courts regularly hear — and are the final word on — cases affecting abortion rights, voting rights, criminal justice reform, and more. Yet, in many instances, the highest state courts do not provide meaningful public access to information about cases affecting the rights and liberties of millions of people. We urge state supreme courts to bring more transparency to the critical work they do,” said Julie Murray, co-director of the ACLU’s State Supreme Court Initiative. “In the face of a federal judiciary increasingly unwilling to protect core rights and an incoming administration that threatens to exacerbate that problem, state courts are an important defense for our liberty. They should be leaders in transparency, too,” said Bridget Lavender, Skadden Fellow with the Initiative. The report emphasizes that state courts “play an outsized role” in many parts of the law, but their ability to “guard our liberties depends in significant part on whether those courts adopt transparent processes.” It further highlights that state supreme courts have led the way on enormously consequential decisions in recent years. In particular, some state supreme courts have recognized the right of same sex couples to marry, and did so long before federal courts. They have also declared the death penalty unconstitutional under state law despite contrary federal law, protected access to reproductive health care as a right even as that right was being stripped away at the federal level, and provided more robust protection to people subject to unreasonable searches and seizures. The report urges state supreme courts to take action to improve their transparency practices, taking notes from the courts that have already implemented these measures. It notes that regularly posting new cases and the issues they represent, and providing timely access to dockets and merits briefing allows the public, the press, and the legal community to track cases as they unfold, identify cases with statewide consequences, and understand what’s at stake. -
Press ReleaseNov 2024
National Security
+2 Issues
ACLU Urges House to Kill Bill that Could Give Trump Admin Power to Crush Dissent and Go After Political EnemiesACLU Urges House to Kill Bill that Could Give Trump Admin Power to Crush Dissent and Go After Political Enemies
WASHINGTON — The American Civil Liberties Union strongly urges the House of Representatives to vote NO on H.R. 9495, the Stop Terror-Financing and Tax Penalties on American Hostages Act, which would grant Donald Trump and his handpicked secretary of the Treasury power to investigate and effectively shut down any tax-exempt organization — including news outlets, universities, and civil society groups — by stripping them of tax-exempt status based on an unilateral accusation of wrongdoing. “Passing this bill would hand the incoming Trump administration a dangerous new tool it could use to stifle free speech, target political opponents, and punish disfavored groups,” said Kia Hamadanchy, senior policy counsel at ACLU. “The freedom to dissent without fear of government retribution is a vital part of any well-functioning democracy, which is why Congress must block H.R. 9495 before it’s too late.” While there is a 90-day “cure” period in which a designated nonprofit can mount a defense, it is a mere illusion of due process. The government may deny organizations its reasons and evidence against them, leaving the nonprofit unable to rebut allegations. This means that a nonprofit could be left entirely in the dark about what conduct the government believes qualifies as "support," making it virtually impossible to clear its name. Last month, the ACLU and a diverse array of over 130 other tax-exempt organizations — including human rights, reproductive health, and immigrants’ rights groups — wrote to Congress urging them to vote no. The letter also explains that the groups do not oppose the provisions in H.R. 9495 that relate to preventing the IRS from imposing fines and penalties on hostages while they are held abroad. Indeed, these provisions have already passed the Senate on their own, and if the House of Representatives were to pass a version of this bill that did not include the text of H.R. 6408, it could be sent immediately to President Biden for his signature. -
News & CommentaryNov 2024
Civil Liberties
Donald Trump Will Return to the White House in January. The ACLU is Ready.Donald Trump Will Return to the White House in January. The ACLU is Ready.
Starting in 2016, the ACLU filed more than 400 legal actions against Trump and his administration. As Trump returns to the White House, we’re ready to return to the courts and Congress to fight for our civil liberties.