The ACLU has filed three motions in the Foreign Intelligence Surveillance Court (FISC) asking it to release secret opinions authorizing the surveillance of Americans. The public has a right to see the legal decisions addressing novel surveillance programs that affect our privacy and free speech rights — but many of the FISC’s opinions remained closely guarded secrets. After the FISC and its appeals court rejected the ACLU’s public access arguments in a series of rulings, the ACLU asked the Supreme Court to review those rulings and to recognize that the public has a First Amendment right of access to the FISC’s opinions.

On December 4, 2017, Michael Picard stood on the public sidewalk in front of the Bronx County Hall of Justice with a sign reading “Jury info” and distributed flyers advocating for jury nullification. Shortly after he began his advocacy, an officer arrested Mr. Picard for violating New York’s courthouse protest law, N.Y. Penal Law 215.50(7). The law makes it a crime to shout, call aloud, or hold or display signs or placards concerning a trial on a public street or sidewalk within 200 feet of a courthouse.

In this case, the U.S. Court of Appeals for the Third Circuit held that the Philadelphia metropolitan transit system’s ban on “political” and public issue advertisements violated the First Amendment because the policy could not be applied in a logical, consistent manner.