In 2008, U.S. Customs and Border Protection (CBP), a component of the Department of Homeland Security, issued a policy that asserted that CBP had the right to search the laptops, electronic devices and printed material of any traveler at the border, "absent individualized suspicion." The policy applied to both U.S. citizens and non-U.S. citizens, and subjected travelers to the possibility of having their personal financial information, family photographs and lists of Web sites visited searched by CBP officials without having reason to believe they had broken the law.

Whether the federal law criminalizing material support for terrorism is unconstitutionally vague because it is unclear whether it extends even to speech opposing terrorism so long as it is directed at designated terrorist organizations and, if so, whether the law violates the First Amendment as applied to such advocacy.

Whether a provision of the Bipartisan Campaign Reform Act of 2002, which bars unions and corporations (both for-profit and non-profit) from engaging in "electioneering communications," violates the First Amendment and should be struck down as facially unconstitutional.