Kelly v. Delaware Department of Justice

On August 21, 2025, the ACLU of Delaware filed an appeal after the Department of Justice (DOJ) recently denied a Freedom of Information Act (FOIA) request concerning two activists who have reason to believe the agency has been planning retaliatory action against them for prior protests (Jennings v. McDole Ray) that were critical of DOJ employees.

Earlier this year, the activists posted on Facebook about their intentions to attend the ACLU of Delaware’s June town hall event with Attorney General Kathy Jennings. Although they were unable to attend the event, they later heard from friends that Wilmington Police Department (WPD) officers were present who stated that their attendance was specifically to prevent the activists from causing a “disturbance.”

One of the activists submitted a FOIA request to DOJ in an attempt to verify this information. They requested information about communications between DOJ and WPD that referenced either their names or the event they planned to attend. DOJ denied the request with limited explanation and improper citing of FOIA exemptions.

Read the full press release here

Freedom of speech means freedom from retaliation for expressing dissenting viewpoints. ACLU-DE stands in firm defense of all Delawareans to exercise their First Amendment rights, and we demand transparency and accountability on the part of our government to ensure those rights are not being stifled.