The New Jersey Department of Treasury maintains a policy that requires employers investigating workplace discrimination to “request” confidentiality from all witnesses with respect to any information related to the investigation. This case involves whether a confidentiality policy of this kind violates the free speech rights under the New Jersey Constitution of state employees who are witnesses, and whether those rights are broader than the U.S. Constitution’s First Amendment free speech right. The ACLU’s State Supreme Court Initiative and Women’s Rights Project, along with the ACLU of New Jersey, filed an amicus brief in the New Jersey Supreme Court, urging that court to revive a government employee’s speech claim challenging the confidentiality policy and to interpret the New Jersey Constitution’s speech protection more broadly than federal constitutional law.

This case concerns whether long-term, continuous use of a surveillance camera targeted at a person’s home is a Fourth Amendment search.

On September 8, 2023, the ACLU, the ACLU of Michigan, and the Mackinac Center for Public Policy filed an amicus brief in the Michigan Supreme Court arguing that the local government deploying an unmanned drone to take aerial photographs of the appellant’s property violated the Fourth Amendment.

The ACLU and the ACLU of Arizona filed an amicus brief before the Arizona Court of Appeals arguing that the government cannot genetically test any biological material it already has in its possession—whether that’s blood taken from newborns to test for diseases or swabs collected from sexual assault survivors—to investigate the donors for a crime without first obtaining a warrant. This filing is part of the broader fight to preserve the privacy of our sensitive genetic information.

The Supreme Court will decide whether social media and other platforms are liable for their users’ posts if they make recommendations or suggestions about what content to access, or whether Section 230 affords them immunity from such claims.