Supreme Court Term 2025-2026

In April 2023, Montana’s state legislature passed SB 419, an Act Banning TikTok in Montana. This law imposes a sweeping ban on free expression—one that would prevent everyday Montanans from using TikTok to communicate with immense audiences, access information from around the world, and express themselves. This ban flouts the First Amendment and tramples Montanans’ constitutional right to freedom of speech—that’s why the ACLU, ACLU of Montana, Electronic Frontier Foundation (EFF), and a coalition of civil society organizations filed amicus briefs in the district court and the Ninth Circuit urging the courts to block the law from going into effect. Through these briefs, we continue to fight to ensure that no legislature can ban Americans from using an immensely popular platform for online speech based on vague invocations of “national security” or anti-China rhetoric.

Ohio clinics must maintain an ambulatory surgical facility license to provide procedural abortion. Ohio imposes medically unnecessary and burdensome licensing requirements that make it difficult, if not impossible, for abortion clinics to maintain their licenses.

This case in the Iowa Supreme Court asked whether a city ordinance that mandates rental inspections every five years, irrespective of whether a tenant consents to the inspection and in the absence of individualized probable cause, violates the state constitution. The ACLU’s State Supreme Court Initiative assisted the ACLU of Iowa in filing an amicus brief to argue that tenants have a right under the Iowa Constitution to be free from non-consensual searches of their rented homes, absent a showing of individualized probable cause. The court ultimately held that the plaintiffs had raised only a facial challenge to the ordinance, and because the ordinance could operate without violating the Iowa Constitution in at least some circumstances, the challenge failed. The court's decision does not foreclose future challenges on an as-applied basis where the plaintiffs' claims are ripe for review.

This case in the Pennsylvania Supreme Court asks whether the Right to Know Law (“RTKL”), 65 P.S. §§ 67.101 - 67.3104, requires the disclosure of school board members’ social media posts on their private Facebook accounts relating to the propriety of a display of certain books in the school library. This case is among one of the first state supreme court cases addressing whether Facebook posts constitute records. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Pennsylvania and the Pennsylvania attorney Brian Cagle, filed a brief arguing that RTKL’s text and structure require the conclusion that posts are “records,” and thus are subject to disclosure.