Free Speech

Freedom of speech is critical to a healthy democracy. Everyone has the right to make their voice heard, even if their point of view is unpopular. The ACLU of Northern California protects the rights of all Californians to speak out, participate in political protest, and publish in the press without fear of reprisal.

Outline of the State of California overlaid with pictures of a protestor with a megaphone and her arm raised and a book with words redacted

Know Your Rights: Free Speech, Protests & Demonstrations

Both the California Constitution and the First Amendment to the United States Constitution protect your right to free expression.

However, police and other government officials are allowed to place certain narrow restrictions on the exercise of speech rights. Read our guide to make sure you’re prepared before heading out into the streets.

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The Latest

Press Release
A cell phone displaying Know Your Rights materials

DHS Withdraws Subpoena Seeking to Unmask Instagram Users Who Posted About ICE Raids

A Victory for the Public's Right to Document Government Actions Without Retaliation
Press Release
Person filming law enforcement

ACLU Demands Information From DHS About Alarming Pattern of Retaliation against Those Recording Immigration Agents

Immigration agents have threatened, brandished guns, and arrested those who record their raids. The ACLU is urgently seeking disclosure of records related to this practice.
News & Commentary
person on cell phone, eyeball, and surveillance camera

Mass Surveillance in the Trump Era

The Trump administration is weaponizing technology to build a mass-surveillance state.
News & Commentary
the feet of walking military troops

Be prepared. Know your rights.

On Thursday, the Trump administration sent federal immigration agents to the Bay Area. They fired flash bangs at peaceful protesters.
Court Case
Sep 25, 2025

J. Doe v. United States Department of Homeland Security

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.
Court Case
Sep 09, 2024

Hannah (Elio) Ellutzi, et al. v. The Regents of the University of California, et al.

Court Case
Jul 06, 2023

In Re Ex Parte Application of Dr. Fredric Eshelman (anonymous online speech)

Court Case
Feb 16, 2023

Martinez et al v. The City of Fresno

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.