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On February 15, 2024, the ACLU and ACLU of Montana filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to leave in place an injunction against enforcement of a Montana law that infringes minors’ First Amendment rights by restricting their ability to attend drag performances.

This amicus brief highlights the constitutional defects of a California law that purports to protect consumer privacy but is actually an impermissible, content-based regulation of online speech. The brief urges that this law should be struck down while emphasizing that the court should rule narrowly and leave paths open for other consumer privacy laws to withstand First Amendment challenge.

On January 24, 2024, the ACLU and ACLU of Florida filed an amicus brief with the U.S. Court of Appeals for the Eleventh Circuit supporting HM Florida-ORL, which operates the restaurant and bar Hamburger Mary’s in Orlando, in its lawsuit alleging that a Florida law infringes upon minors’ First Amendment rights by prohibiting them from attending drag performances.

On January 9th, 2024, the American Civil Liberties Union filed its opening brief on behalf of the National Rifle Association (NRA) in National Rifle Association v. Vullo, a key First Amendment case before the Supreme Court this term. The brief argues that a New York state regulator’s attempts to blacklist a nonprofit advocacy group and deny it access to financial services because of its controversial viewpoint violated the First Amendment. This is a critically important First Amendment fight: if government officials can pressure the businesses they regulate to blacklist the NRA in New York, then officials in other states can punish other advocacy organizations in the same way–including the ACLU itself.