National Security
FBI v. Fikre
Whether the government can overcome the voluntary cessation exception to mootness by removing an individual from the No Fly List when the government has not repudiated its decision to place him on the List and remains free to return him to the List for the same reasons and using the same procedures he alleges were unlawful.
Status: Ongoing
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Florida
Nov 2023
National Security
+2 Issues
Students for Justice in Palestine at the University of Florida v. Raymond Rodrigues
The University of Florida chapter of Students for Justice in Palestine filed a lawsuit on November 16, 2023, challenging the Chancellor of the State University System of Florida’s order to state universities to deactivate the student group. This order threatens the students’ constitutionally-protected right to free speech and association in violation of the First Amendment. The ACLU and its partners are seeking a preliminary injunction that would bar the Chancellor and the University of Florida from deactivating the UF SJP.
U.S. Supreme Court
Apr 2022
National Security
+2 Issues
FBI v. Fazaga
In a case scheduled to be argued before the U.S. Supreme Court on November 8, 2021, three Muslim Americans are challenging the FBI’s secret spying on them and their communities based on their religion, in violation of the Constitution and federal law. In what will likely be a landmark case, the plaintiffs — Yassir Fazaga, Ali Uddin Malik, and Yasser Abdelrahim — insist that the FBI cannot escape accountability for violating their religious freedom by invoking “state secrets.” The plaintiffs are represented by the Center for Immigration Law and Policy at UCLA School of Law, the ACLU of Southern California, the American Civil Liberties Union, the Council for American Islamic Relations, and the law firm of Hadsell Stormer Renick & Dai.
U.S. Supreme Court
Jul 2021
National Security
Immigrants' Rights
Sierra Club v. Trump — Challenge to Trump’s National Emergency Declaration to Construct a Border Wall
In February 2019, the ACLU filed a lawsuit challenging President Trump’s emergency powers declaration to secure funds to build a wall along the southern border. The lawsuit was filed on behalf of the Sierra Club and the Southern Border Communities Coalition. The lawsuit argues that the president is usurping Congress’s appropriations power and threatening the clearly defined separation of powers inscribed in the Constitution. On January 20, 2021, President Biden halted further border wall construction. Litigation in this and subsequent related challenges has been paused or deadlines extended while the ACLU’s clients and the Biden administration determine next steps.
Indiana
Oct 2016
National Security
Immigrants' Rights
Exodus Refugee Immigration, Inc. v. Mike Pence, et al
The American Civil Liberties Union and the ACLU of Indiana, on behalf of Exodus Refugee Immigration, filed suit against Governor Mike Pence and the secretary of the Indiana Family and Social Services Administration to stop attempts to suspend resettlement of Syrian refugees, claiming the governor’s actions violate the United States Constitution and federal law.
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148 National Security Cases
U.S. Supreme Court
Dec 2021
National Security
U.S. Fish and Wildlife Service v. Sierra Club
Whether the “deliberative process” privilege protects draft documents that the USF&WS and the National Marine Fisheries Service created as part of a formal consultation process under Section 7 of the Endangered Species Act.
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U.S. Supreme Court
Dec 2021
National Security
U.S. Fish and Wildlife Service v. Sierra Club
Whether the “deliberative process” privilege protects draft documents that the USF&WS and the National Marine Fisheries Service created as part of a formal consultation process under Section 7 of the Endangered Species Act.
U.S. Supreme Court
Nov 2021
National Security
Free Speech
ACLU v. United States
The ACLU has filed three motions in the Foreign Intelligence Surveillance Court (FISC) asking it to release secret opinions authorizing the surveillance of Americans. The public has a right to see the legal decisions addressing novel surveillance programs that affect our privacy and free speech rights — but many of the FISC’s opinions remained closely guarded secrets.
After the FISC and its appeals court rejected the ACLU’s public access arguments in a series of rulings, the ACLU asked the Supreme Court to review those rulings and to recognize that the public has a First Amendment right of access to the FISC’s opinions.
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U.S. Supreme Court
Nov 2021
National Security
Free Speech
ACLU v. United States
The ACLU has filed three motions in the Foreign Intelligence Surveillance Court (FISC) asking it to release secret opinions authorizing the surveillance of Americans. The public has a right to see the legal decisions addressing novel surveillance programs that affect our privacy and free speech rights — but many of the FISC’s opinions remained closely guarded secrets.
After the FISC and its appeals court rejected the ACLU’s public access arguments in a series of rulings, the ACLU asked the Supreme Court to review those rulings and to recognize that the public has a First Amendment right of access to the FISC’s opinions.
Colorado Supreme Court
Sep 2021
National Security
Privacy & Technology
People v. Tafoya
This case concerns whether the government may surreptitiously record the activities around a person’s home using a remotely operated, pole-mounted video camera for an extended period of time without a warrant. On September 13, 2021, the Colorado Supreme Court held that the Fourth Amendment protects against such surveillance and requires that police obtain a warrant.
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Colorado Supreme Court
Sep 2021
National Security
Privacy & Technology
People v. Tafoya
This case concerns whether the government may surreptitiously record the activities around a person’s home using a remotely operated, pole-mounted video camera for an extended period of time without a warrant. On September 13, 2021, the Colorado Supreme Court held that the Fourth Amendment protects against such surveillance and requires that police obtain a warrant.
Court Case
May 2021
National Security
Free Speech
Sadat v. Trump - Challenge to Trump's International Criminal Court’s Sanctions Regime
On January 15, 2021, the ACLU and Covington & Burling LLP filed a lawsuit on behalf of three law faculty and an ACLU human rights attorney challenging former President Trump’s executive order authorizing sanctions against people who assist the International Criminal Court in investigating or prosecuting war crimes and other gross human rights violations.
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Court Case
May 2021
National Security
Free Speech
Sadat v. Trump - Challenge to Trump's International Criminal Court’s Sanctions Regime
On January 15, 2021, the ACLU and Covington & Burling LLP filed a lawsuit on behalf of three law faculty and an ACLU human rights attorney challenging former President Trump’s executive order authorizing sanctions against people who assist the International Criminal Court in investigating or prosecuting war crimes and other gross human rights violations.
Court Case
May 2021
National Security
Free Speech
Chebli v. Kable: Lawsuit Challenging Placement on No Fly List
In April 2021, the American Civil Liberties Union, the ACLU of the District of Columbia, and the ACLU of Michigan filed a lawsuit on behalf of Ahmad Chebli, whom the U.S. government wrongly placed on the No Fly List after he refused to become an FBI informant. Ten days after the ACLU filed the lawsuit, the government finally removed Mr. Chebli from the No Fly List. Because he is no longer on the No Fly List, Mr. Chebli withdrew the lawsuit, saying “I’m relieved to be off the No Fly List, but still reeling from the government’s abusive use of the list against me and its violations of my constitutional rights. I was placed on the list after I refused to become an FBI informant despite frightening and intimidating threats against me and my family. For over two years, I sought a fair process to clear my name, and the government failed to provide me with one. As a Muslim in this country, it can be easy to feel like a second-class citizen and be afraid to stand up for your rights because of the way our own government treats us. But now I feel vindicated and want my story to encourage others to stand up for their rights, because when we do, good things can happen.”
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Court Case
May 2021
National Security
Free Speech
Chebli v. Kable: Lawsuit Challenging Placement on No Fly List
In April 2021, the American Civil Liberties Union, the ACLU of the District of Columbia, and the ACLU of Michigan filed a lawsuit on behalf of Ahmad Chebli, whom the U.S. government wrongly placed on the No Fly List after he refused to become an FBI informant. Ten days after the ACLU filed the lawsuit, the government finally removed Mr. Chebli from the No Fly List. Because he is no longer on the No Fly List, Mr. Chebli withdrew the lawsuit, saying “I’m relieved to be off the No Fly List, but still reeling from the government’s abusive use of the list against me and its violations of my constitutional rights. I was placed on the list after I refused to become an FBI informant despite frightening and intimidating threats against me and my family. For over two years, I sought a fair process to clear my name, and the government failed to provide me with one. As a Muslim in this country, it can be easy to feel like a second-class citizen and be afraid to stand up for your rights because of the way our own government treats us. But now I feel vindicated and want my story to encourage others to stand up for their rights, because when we do, good things can happen.”