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EFF Urges Appeals Court to Curb Grand Jury Subpoenas

Civil liberties groups filed a brief arguing grand jury subpoenas targeting anonymous social media critics require First Amendment scrutiny.

EFF Urges Appeals Court to Curb Grand Jury Subpoenas. Source: EFF

Civil liberties and trade groups filed an amicus brief in a sealed U.S. Court of Appeals case arguing that federal courts should stop the abuse of grand jury subpoenas used to unmask anonymous social media users criticizing immigration enforcement.

The Case and the Subpoenas

The case involves a Department of Homeland Security investigation into an anonymous Reddit user who commented on a post concerning an immigration officer in Minnesota. DHS initially issued an administrative subpoena to Reddit, but withdrew it after the user challenged it on free speech and statutory grounds. The government then secured a grand jury subpoena for similar information, which the user is currently appealing.

Call for First Amendment Scrutiny

According to an amicus brief filed by the American Civil Liberties Union of DC, the Electronic Frontier Foundation, and other organizations, courts must not defer to government claims regarding grand jury subpoenas. The brief was filed in early September and recently unsealed in the U.S. Court of Appeals for the District of Columbia. Signers also include the Center for Individual Rights, the Foundation for Individual Rights and Expression, the Cato Institute, and NetChoice.

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Key facts and where they come from
  • Civil liberties groups filed an amicus brief urging an appeals court to limit grand jury subpoenas targeting anonymous users.
    A federal appeals court should curb the government’s abuse of grand jury subpoenas to unmask social media users who criticize lawless immigration enforcement.
  • The case involves an anonymous Reddit user who commented on an immigration officer in Minnesota.
    The case involves the government’s investigation of an anonymous Reddit user who commented on a post about an immigration officer in Minnesota.

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