The ACLU is known for going after the U.S. government with absolutely no evidence to prove otherwise, ACLU v. AT&T 2007. Though when it comes to actual data breaches and data abuse against a U.S. citizen, the ACLU is missing. Joe Wurzelbacher, a.k.a. Joe the Plumber, had his personal and confidential records investigated without reason, by Democratic officials in Ohio, "Big Brother."[48] Honest speculation is that the ACLU consists of partisan Democrats and Joe the Plumber was a Republican, during a presidential election season. Questions remain and we can only guess as to their reasoning, their silence is deafening.

Also, the ACLU is absent from hate speech attacks against Carrie Prejean. Her right and her freedom of speech was violated. The ACLU is hiding fearful of Conservatives.