Two businesses owners in Tennessee are challenging a new, first-of-its-kind Tennessee law that would require businesses and other entities that open their facilities to the public and allow transgender people to use the restroom that matches their gender to post a government-prescribed warning sign. The ACLU and the ACLU of Tennessee filed the lawsuit in federal court and claim it violates the First Amendment rights of the business owners.

On August 23, 2022, the American Civil Liberties Union of Arizona and a group of 10 media organizations, represented by the ACLU and Ballard Spahr, respectively, filed a lawsuit against the state of Arizona challenging HB 2319, a law which makes it a crime to record police officers within eight feet of law enforcement activity.

The ACLU, the ACLU of South Carolina, and the NAACP have filed a lawsuit on behalf of the South Carolina NAACP challenging the South Carolina Court Administration's categorical ban on automated data collection, known as "scraping," on the Public Index. The South Carolina NAACP seeks to scrape eviction records to identify tenants in proceedings and conduct outreach to provide services to them. The ban on scraping violates South Carolina NAACP’s First Amendment right to access and record public court records, impairing South Carolina NAACP's ability to prevent evictions and help people achieve meaningful access to the courts.