Court Cases

We filed a motion in federal court to prevent Meta from complying with the Department of Homeland Security’s demand that the tech giant turn over the name, email address, and phone number associated with an Instagram account that reposted a video naming a Border Patrol agent. We argue that the government’s administrative subpoena violated First Amendment protections for anonymous political speech.

On March 16, 2022, the ACLU Foundation of Northern California (“ACLU”) filed a federal lawsuit against the City of Fresno, urging the court to strike down a city ordinance that targets unhoused people, and puts unconstitutional restrictions on advocates, organizers, and reporters who try to draw attention to how the unhoused are treated during encampment sweeps. In February 2022, city officials amended an existing ordinance to create a buffer zone around abatement activity, like encampment sweeps, taking place on public property. Anyone who enters the off-limits area “without express authorization” from the city can now be charged with a misdemeanor or fined up to $250. This outrageously broad ordinance is a direct assault not just on our plaintiffs’ constitutional rights, but on everyone’s rights. The ACLU and the California Homeless Union, represented by the Law Offices of Anthony D. Prince, filed the complaint in the United States District Court, Eastern District of California on behalf of Dez Martinez, a longtime advocate who was once unhoused, Robert McCloskey, a reporter and activist, the Fresno Homeless Union, and Faith in the Valley. The lawsuit seeks to stop the ordinance from going into effect on March 31 and ultimately to get it voided altogether. On March 30, 2022, the ACLU and the California Homeless Union filed a motion for preliminary injunction to ask the Court to prohibit the City of Fresno from enforcing the ordinance and conducting nuisance abatements under the ordinance. In response, the City of Fresno moved to dismiss the lawsuit. The Court has scheduled a hearing on the preliminary injunction for Wednesday, May 11.

On July 6, 2021, the ACLU Foundation of Northern California joined the legal team defending the free speech rights of a Sacramento City Councilmember’s representative, Skyler Henry—a case with important First Amendment implications.

The ACLU sued Fresno County's top election official in dispute over Church Black Lives Matter banners.

The ACLU sued Chawanakee Unified School District for censoring two students' pro-LGBTQ yearbook quotes.

The ACLU Foundation of Northern California filed suit against Sacramento Sheriff Scott Jones on behalf of Black Lives Matter leaders who were unlawfully blocked from the sheriff's official Facebook page. Tanya Faison and Sonia Lewis, co-leaders of Black Lives Matter Sacramento, have been vocal critics of the sheriff and other law enforcement officials. Both had comments deleted and were blocked from the sheriff's page during a critical time of public debate about whether the sheriff's department should be subjected to outside oversight.

In 2004, the FBI conducted a “threat assessment” of long-time journalists and commentators Justin Raimondo and Eric Garris, as well as their website, Antiwar.com. In violation of the federal Privacy Act, this threat assessment compiled descriptions of the journalists’ First Amendment activities without any apparent law enforcement purpose. Attorneys at the ACLU Foundation of Northern California and Pillsbury Winthrop Shaw Pittman LLP represented the journalists in a federal lawsuit against the FBI. Records the journalists received in response to their Freedom of Information Act claims revealed that the threat assessment was based on shoddy investigative work in addition to the apparent targeting of the journalists’ political speech. In the litigation, the FBI asserted that it was entitled to create this threat assessment because of Antiwar.com’s posting of government documents. But the First Amendment has long protected the publication of government secrets and the FBI never even suggested that the journalists or Antiwar.com had violated the law by obtaining or posting those documents.

The ACLU Foundations of California filed a lawsuit challenging the federal government’s Suspicious Activity Reporting program - a vast expansion of the federal government’s domestic intelligence network. The SAR program targets First Amendment-protected activity, encourages racial and religious profiling, and violates federal law. The plaintiffs are five U.S. citizens whose information has been entered into counterterrorism databases for engaging in lawful conduct.