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In December 2021, the ACLU and NYCLU filed a Freedom of Information Act lawsuit seeking information from nine federal agencies鈥攖he United States Customs and Border Protection (CBP), Drug Enforcement Administration (DEA), Department of Homeland Security (DHS), Department of Justice (DOJ), Federal Aviation Administration (FAA), Federal Bureau of Investigation (FBI), Federal Protective Service (FPS), Marshals Service (USMS), and Secret Service (USSS)鈥攁bout nationwide aerial surveillance and flight monitoring of protests in 2020 following the death of George Floyd.

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 鈥� but many of the FISC鈥檚 opinions remained closely guarded secrets. After the FISC and its appeals court rejected the ACLU鈥檚 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鈥檚 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 鈥淛ury info鈥� and distributed flyers advocating for jury nullification. Shortly after he began his advocacy, an officer arrested Mr. Picard for violating New York鈥檚 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鈥檚 ban on 鈥減olitical鈥� and public issue advertisements violated the First Amendment because the policy could not be applied in a logical, consistent manner.