In The Courts

This case in the Pennsylvania Supreme Court asks whether the Right to Know Law (“RTKL”), 65 P.S. §§ 67.101 - 67.3104, requires the disclosure of school board members’ social media posts on their private Facebook accounts relating to the propriety of a display of certain books in the school library. This case is among one of the first state supreme court cases addressing whether Facebook posts constitute records. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Pennsylvania and the Pennsylvania attorney Brian Cagle, filed a brief arguing that RTKL’s text and structure require the conclusion that posts are “records,” and thus are subject to disclosure.

“Reverse searches” are a novel surveillance technique where the police can obtain records reflecting everyone who used a search engine to look up a particular word or phrase. In this case, the lower court approved the police using a reverse search, ruling that people do not have a reasonable expectation of privacy for any query they enter into a search engine. The ACLU’s Speech, Privacy, and Technology Project and State Supreme Court Initiative along with the ACLU of Pennsylvania filed an amicus brief in the Pennsylvania Supreme Court urging the court to reverse the lower court’s decision and hold that search history data is protected by the state and federal Constitution.

Pennsylvania mail ballot voters successfully challenged a rule that would have invalidated their votes because of a meaningless paperwork error on the return envelope.