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During the Cold War, the ACLU headquarters was dominated by anti-Communists, but many local affiliates defended members of the Communist Party.By 1964, membership had risen to 80,000, and the ACLU participated in efforts to expand civil liberties.For example, in a twenty-month period beginning January 2004, the ACLU's New Jersey chapter was involved in fifty-one cases according to their annual report—thirty-five cases in state courts, and sixteen in federal court.

During World War II, the ACLU defended Japanese-American citizens, unsuccessfully trying to prevent their forcible relocation to internment camps.In particular, the Civil Rights Attorney's Fees Award Act of 1976 leaves the government liable in some civil rights cases.Fee awards under this civil rights statute are considered "equitable relief" rather than damages, and government entities are not immune from equitable relief.During the 1930s, the ACLU started to engage in work combating police misconduct and supporting Native American rights.Many of the ACLU's cases involved the defense of Communist party members and Jehovah's Witnesses.

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