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The Supreme Court will decide whether a social media or other platform can be liable for 鈥渁iding and abetting鈥� a terrorist attack merely because it failed to adequately block content valorizing terrorism, even where the platform has policies barring terrorist content.

The ACLU is challenging the constitutionality of the NSA鈥檚 mass interception and searching of Americans鈥� international Internet communications. At issue is the NSA鈥檚 鈥淯pstream鈥� surveillance, through which the U.S. government systematically monitors private emails, messages, and other data flowing into and out of the country on the Internet鈥檚 central arteries. The ACLU鈥檚 lawsuit was brought on behalf of the Wikimedia Foundation and eight legal, human rights, and media organizations, which together engage in trillions of sensitive communications and have been harmed by Upstream surveillance.

In October 2021, the ACLU joined the legal team representing Sherry Chen, an award-winning Chinese American scientist who was wrongfully investigated, prosecuted, and terminated from her job as a hydrologist with the National Weather Service. The government accused Ms. Chen of unlawfully downloading sensitive government data and falsely portrayed her as a spy for China. On the eve of trial, the Justice Department dropped all charges against her. In 2019, Ms. Chen filed a federal lawsuit against the United States, seeking accountability for the government鈥檚 misconduct. In December 2022, Ms. Chen reached a historic settlement of her federal lawsuit and a separate case before the Merit Systems Protection Board, an agency that hears claims from federal employees. The settlement, one of the largest paid to an individual plaintiff in Commerce Department history, includes compensation valued at approximately $1.8 million.

Whether the district court may order two CIA contractors who devised and implemented the post-9/11 torture program to testify (as they have done twice before) about nonprivileged information; or if, instead, the Government may prohibit disclosure of even nonprivileged information by invoking the state secrets doctrine.