Gordon Hirabayashi was an American-born student at the University of Washington in 1942, when he was ordered in his senior year to report to an internment camp in northern California. He refused.
Only a handful of remarkably courageous individuals defied the internment orders. Hirabayashi was not only the youngest; his decision was a clear act of civil disobedience based on his deeply held pacifist beliefs.
In every respect, Hirobayashi’s defiance made him a civil rights hero. He died last week in Edmonton, Alberta, at the age of 93.
Some 120,000 Japanese Americans were interned in America’s concentration camps — a shameful act of wartime hysteria based on racial prejudice. Hirabayashi challenged the curfew he was subject to and the internment order.
“If I were to register and cooperate… I would be giving helpless consent to the denial of practically all of the things which give me incentive to live,” he said then. “I must maintain the democratic standards for which this nation lives. I am objecting to the principle of this order which denies the right of human beings, including citizens.”
Hirabayashi spent three-and-a-half years in county jails and federal prison, during which time a legal challenge was brought, which ended with the U. S. Supreme Court upholding the internment orders as a necessary restraint on freedom during wartime.
Following his imprisonment, Hirabayashi returned to his native Seattle and completed a doctorate in sociology. He embarked upon an academic career and taught sociology at the University of Alberta. Throughout his life, he spoke out against the extraordinary injustice.
In 1983, Hirabayashi joined Fred Korematsu (who was directly represented in his original U.S. Supreme Court challenge by the ACLU of Northern California) and Minoru Yasui in successfully overturning their wartime convictions.
Armed with evidence that the government had lied –it had obtained the evacuation orders based on false information and that the proof of this fabrication came directly from the government’s own files — all three convictions were ultimately overturned, setting the stage for an historic and unprecedented apology and reparations to all internees, with President Ronald Reagan’s signing of the Civil Liberties Act of 1988.
Hirabayashi said that, “the Constitution does not mean anything unless it can stand up in a time of crises. In 1942 the whole system of government failed us.” He implored us, “to make sure that what happened to us then doesn’t happen again, to anyone. “
In June 2001 the ACLU jointly presented Hirabayashi and Korematsu with its highest award, the Roger Baldwin Medal of Liberty.
The ACLU pledges to honor Gordon Hirabayashi’ s inspiring admonition, in his memory and in memory of his colleagues who died before him, Korematsu and Yasui These courageous men will not be forgotten. Their heroic challenge to injustice will endure as a constant reminder to the ACLU of the desperate need for courage at times of national crises.
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Press ReleaseDec 2024
Racial Justice
ACLU Statement on House AI Task Force ReportACLU Statement on House AI Task Force Report
WASHINGTON — Today, the House Task Force on Artificial Intelligence (AI) issued its final report, marking an important step in recognizing the serious risks of discrimination and bias posed by AI systems — particularly in law enforcement’s use of facial recognition technology. The report recognizes that discrimination and bias may arise in AI systems due to their design, training data, or failures by end users. The report also investigates the complex considerations around deepfakes, open AI systems, and free speech, and urges Congress to pass narrow legislation to address concrete harms. In response to the House AI Task Force final report, Cody Venzke, senior policy counsel at the American Civil Liberties Union, issued the following statement: “The ACLU commends the Task Force for recognizing that AI systems are harming people right now through discriminatory outcomes and supercharged surveillance. Curbing those abuses of AI is not a partisan issue, and more concrete action is needed to protect civil rights, while maintaining states’ authority to build on those protections. The Task Force is appropriately cautious when wrestling with issues around deepfakes, open-source AI, digital identity, and other issues, recognizing that legislators should consider a wide array of tailored tools to address real, not speculative, harms while respecting civil rights and civil liberties.” The House Task Force on Artificial Intelligence report can be found here. -
News & CommentaryDec 2024
Racial Justice
Human Rights
Why the Fight for Racial Justice is a Human Rights IssueWhy the Fight for Racial Justice is a Human Rights Issue
On International Human Rights Day, the ACLU is advocating for a long-sought after reparatory justice to end the continued abuses against Black and brown communities. -
Press ReleaseOct 2024
National Security
+2 Issues
ACLU Warns that Biden-Harris Administration Rules on AI in National Security Lack Key ProtectionsACLU Warns that Biden-Harris Administration Rules on AI in National Security Lack Key Protections
WASHINGTON — The Biden-Harris administration today released its National Security Memorandum on Artificial Intelligence (AI), establishing guidelines for how the U.S. government uses AI in national security programs, such as counterterrorism, intelligence, homeland security, and defense. The use of AI to automate and expand national security activities poses some of the greatest dangers to people’s lives and civil liberties. Agencies are increasingly exploring the use of AI in decisions about who to surveil, who to stop and search at the airport, who to add to government watchlists, and even who is a military target. While the government’s policy includes some important steps forward — such as requiring national security agencies to better track and assess their AI systems for risks and prohibiting a subset of dangerous AI uses — it falls far short in other critical areas, leaving glaring gaps with respect to independent oversight, transparency, notice, and redress. The policy imposes few substantive safeguards on a wide range of AI-driven activities, by and large allowing agencies to decide for themselves how to mitigate the risks posed by national security systems that have immense consequences for people’s lives and rights. As we have repeatedly seen before, this is a recipe for dangerous technologies to proliferate in secret. “Despite acknowledging the considerable risks of AI, this policy does not go nearly far enough to protect us from dangerous and unaccountable AI systems. National security agencies must not be left to police themselves as they increasingly subject people in the United States to powerful new technologies,” said Patrick Toomey, deputy director of ACLU’s National Security Project. “If developing national security AI systems is an urgent priority for the country, then adopting critical rights and privacy safeguards is just as urgent. Without transparency, independent oversight, and built-in mechanisms for individuals to obtain accountability when AI systems err or fail, the policy’s safeguards are inadequate and place our civil rights and civil liberties at risk.” For years, the American Civil Liberties Union has been urging far stronger safeguards and transparency about the AI tools that national security agencies are deploying, the rules constraining their use, and the dangers these systems pose to fairness, privacy, and due process. -
Press ReleaseOct 2024
Racial Justice
ACLU Comment on the Department of Labor’s AI Guidelines for Employers and VendorsACLU Comment on the Department of Labor’s AI Guidelines for Employers and Vendors
WASHINGTON — Yesterday, the U.S. Department of Labor (DOL) released a roadmap for artificial intelligence (AI) best practices, designed to ensure that emerging technologies such as AI enhance job quality, benefit workers, and comply with existing employment laws when they are used in the workplace. The best practices, pursuant to President Biden’s executive order on the development and use of AI, include recommendations for AI system developers and employers that prioritize workers’ experiences and empowerment throughout the entire AI lifecycle – from design to use and oversight. These practices also call on employers and developers to create standards and processes to identify and mitigate risks from AI systems, such as threats to health and safety, civil rights, privacy, fair labor rights, and labor organizing prior to a developer marketing them or an employer deploying them, and recommend turning to different systems when sufficient mitigation is not possible. “We applaud DOL for issuing best practices for use of AI that center workers’ empowerment, civil rights, privacy, and safety protections and call on developers and employers to adopt critical guardrails in developing, procuring and using AI systems. Employers and developers should take note, as many have been burying their heads in the sand on their risk of legal liability with respect to AI tools,” said Olga Akselrod, senior staff attorney of the ACLU Racial Justice Program. “Following these best practices for AI can help employers and developers ensure that they do not violate existing civil rights and other employment laws that protect workers.” The best practices also recommend transparency measures through conducting and publishing impact assessments, notice and recourse for impacted workers, and measures to minimize worker displacement. The DOL also stated that employers should minimize electronic monitoring and avoid unnecessary collection or retention of worker data.