Senators Young and Cruz Warn the Smithsonian and National Archives: Don’t Let What Happened to the ACLJ’s Pro-Life Clients Happen Again

This year, just after President Trump’s historic inauguration, there is another major event in Washington, D.C.: the annual March for Life. In January 2023, on the 50th anniversary of the March for Life, a group of students from a Catholic school in South Carolina were visiting the Smithsonian Institute’s National Air and Space Museum in Washington, D.C. Another group of pro-life Americans, including children, were visiting the National Archives Museum. Shockingly, at both places, guards intimidated, harassed, and forced these Americans to remove or hide their pro-life clothing under threat of expulsion.

Two United States government museums. Two blatant and outrageous violations of the First Amendment rights of pro-lifers. And now, two United States Senators are saying, “No more!”

The ACLJ represented these students and other Americans who were victimized at both museums and sued the museums in D.C. federal court. After litigation and extensive negotiations, we were able to settle the lawsuits against the Smithsonian and the National Archives for our clients.

And, after more years of a Biden Administration famous for its religious-like zeal for abortion and its allegiance to the abortion industry, combined with its blatant eagerness to censor all opposing views and facts not serving its narrative, we worried this could happen again. Thankfully, we were not alone. Elections have consequences, indeed.

Against the backdrop of a historic presidential election and retaking both chambers of Congress, Senators Todd Young (IN) and Ted Cruz (TX), who both had engaged with this situation early on, just sent the leadership of the Smithsonian Institute and the National Archives a strong, direct follow-up and a warning: If what happens to our clients happens again, there’ll be a price to pay. And you are being watched. When these violations happened, both Senators Young and Cruz, along with their colleagues, forced the museums to respond to letters demanding information, including what steps are being taken to ensure it never happens again. The letters the Senators just sent are already getting national attention.

The ACLJ applauds Senators Young and Cruz for staying locked in and taking action again now in the lead-up to this year’s March for Life to make sure these museums feel the heat, even while so much else is happening in Washington. These Senators understand that protecting the First Amendment requires vigilance. You can’t get wins and walk away. Instead, you must put in the effort to protect the wins.

In their recent letters, the Senators reminded the Smithsonian and National Archives officials of what the March for Life is and why it is so important – and that its marches and pro-life values and messages have always been peaceful and squarely within the safeguards of the First Amendment. Then they laid out what happened in 2023 to our clients:

The students, wearing pro-life and human-rights-affirming apparel, were expelled from the building in violation of their First Amendment rights and Smithsonian Institution policy. According to the American Center for Law and Justice (ACLJ), “[The] museum staff mocked the students, called them expletives, and made comments that the museum was a ‘neutral zone’ where they could not express [pro-life] statements.”

The Senators reminded the Smithsonian of assurances it made to them after the incident:

Several Senators and Representatives wrote to you on February 6, 2023, asking for an explanation for this outrageous and unconstitutional behavior. In your response, you stated, “I immediately asked my team to address this matter and take corrective action.” You also stated that “[s]tarting January 23, 2023, the Smithsonian also began a refresher training to security staff at all Smithsonian museums on applicable Smithsonian policy.” You committed to “incorporat[ing] a standard practice to review our policies before any scheduled demonstration and/or protest and take appropriate steps to ensure First Amendment rights are protected and respected at the Institution.”

But the Senators were not alone in their efforts to hold the Smithsonian accountable, and their summation was quite clear: We know about the ACLJ’s lawsuit that you settled, and we’re watching you. The Senators also reminded the museum officials what the museum had agreed to in the settlement:

(1) to provide the students a tour and an apology, (2) to disseminate to all public-facing security personnel its policy regarding clothing containing religious and political speech, (3) to show the students and their counsel video footage of the events, (4) to provide certain investigative information, and (5) to pay the sum of $50,000.00 to resolve the lawsuit. The Institution also represented that it had conducted a thorough investigation of the events.

Then the Senators included this chastisement and warning:

While we are pleased that the victims of this harassment received justice, it clearly never should have happened in the first place. No sum of money could truly undue the atrocious acts: officers bearing the badge and force of the federal government openly intimidated and violated the First Amendment rights of peaceful students. Moreover, American taxpayers footed the bill for the Smithsonian Institution employees’ egregious behavior and apparent lack of adequate training. This cannot happen again.

Accordingly, please be aware that Congress will closely monitor the Smithsonian Institution’s conduct next week and that we stand prepared to exercise all available oversight powers if the Institution fails to adhere to the Constitution, the requirements of the Settlement, and the Institution’s policy that you previously asserted would prevent this recurrence.

But they didn’t stop there. The Senators are making the museum show its homework.

In addition, please respond to the following questions by Thursday, January 23, 2025:

1. Has the Smithsonian Institution honored every term of the Voluntary Stipulation of Settlement, Release, and Dismissal [Doc. # 26], filed in Kristi L. v. National Air and Space Museum, 23-cv-355 (ABJ)?

2. If the answer to Question 1 is “No,” please explain why the Institution has not done so. If the answer to Question 1 is “Yes,” please provide a detailed explanation of every action taken.

3. In preparation for the 2025 March for Life, have you abided by your prior commitment to Congress to “incorporate a standard practice to review our policies before any scheduled demonstration and/or protest and take appropriate steps to ensure First Amendment rights are protected and respected at the Institution”?

4. If the answer to Question 3 is “No,” please explain why you have not met that prior commitment. If the answer to Question 3 is “Yes,” please provide a detailed explanation of the “review” and “appropriate steps” you have taken.

The Senators’ letter to the National Archives is particularly timely. That’s the museum against which we had obtained a preliminary injunction, which was capped at two years and expires right before this year’s March for Life. While the settlement we obtained still controls, the Senators warned the National Archives that the expiration of the injunction does not mean it’s off the hook: “Please be aware that Congress will be closely monitoring NARA’s conduct [this] week—and the conduct of any of its employees and private contractors—and stands prepared to exercise all available oversight powers if NARA fails to adhere to the Constitution and NARA policy.”

The bottom line: The message that Senators Young and Cruz just sent the museums will be received, especially since Congress is not controlled by the Left after this past election and there is a new President in the White House. But the message won’t just be received by these museums. It will resonate across the bureaucratic morass of Washington. The Left is put on notice.

We’ll stay on top of this situation and keep you informed.

If you or someone you know has any issues like this while in D.C. for the March for Life this year, you can contact us at ACLJ.org/HELP.

Please thank Senators Young and Cruz for prioritizing the First Amendment and, particularly, the right to peacefully express our pro-life messages. In light of the censorship era we just experienced, we simply cannot take these liberties for granted. We must act. And we, and Senators Young and Cruz, cannot do it without you. Stand with us.