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The New Jersey Department of Treasury maintains a policy that requires employers investigating workplace discrimination to 鈥渞equest鈥� confidentiality from all witnesses with respect to any information related to the investigation. This case involves whether a confidentiality policy of this kind violates the free speech rights under the New Jersey Constitution of state employees who are witnesses, and whether those rights are broader than the U.S. Constitution鈥檚 First Amendment free speech right. The ACLU鈥檚 State Supreme Court Initiative and Women鈥檚 Rights Project, along with the ACLU of New Jersey, filed an amicus brief in the New Jersey Supreme Court, urging that court to revive a government employee鈥檚 speech claim challenging the confidentiality policy and to interpret the New Jersey Constitution鈥檚 speech protection more broadly than federal constitutional law. In April 2024, the New Jersey Supreme Court ruled in our favor and reversed the judgment of the Appellate Division.

This free-speech case concerns a prosecution for 鈥渟talking鈥� based on evidence of a defendant鈥檚 speech alone, without any requirement of subjective intent. Freedom of speech is a bedrock protection of both the Maine Constitution and the United States Constitution. This protection requires, at minimum, that a criminal defendant cannot be prosecuted for stalking carried out via speech alone unless the state proves a subjective-intent element beyond a reasonable doubt. This protection ensures that states do not prosecute and punish people for their protected speech. In October 2023, the ACLU and the ACLU of Maine filed an amicus brief in the Supreme Judicial Court of Maine, asking the court to vacate a defendant鈥檚 stalking conviction that was based on his speech alone, without any evidence as to subjective intent.

On March 1, 2023, WRP and the ACLU of Texas sent an advocacy letter to Spring Branch Independent School District (鈥淒istrict鈥�) on behalf of G.H., a Spring Woods High School student athlete. The ACLU鈥檚 investigation had revealed that the District maintained a discriminatory, sex-specific dress code and gender-based inequities in the school鈥檚 athletics program, and that the student was mistreated after objecting to these policies and practices. The advocacy letter raised concerns that the District鈥檚 actions reinforced invidious sex stereotypes, treated girl athletes as lesser than boy athletes, and potentially violated the Fourteenth Amendment to the U.S. Constitution and Title IX of the Education Amendments of 1972. The District鈥檚 policies and actions harm all students, regardless of gender, but have particularly egregious consequences for Black girls and other girls of color.

After a musician used footage of officers searching his home in music videos criticizing that search and the officers more broadly, they sued him for damages and asked the court to order him to stop speaking about them. The ACLU of Ohio and the ACLU filed an amicus brief in support of the musician鈥檚 motion to dismiss the suit, arguing that the lawsuit sought to silence criticism in violation of the First Amendment.