Court Cases

Voting is for the people. Not corporations. On December 4, 2025, the ACLU of Delaware filed a lawsuit against Fenwick Island for violating the Delaware Constitution by allowing non-human artificial entities–such as corporations and LLCs–to vote in municipal elections. With over 2 million business entities incorporated in Delaware–roughly double the amount of actual people living in the state–the people of Delaware risk having their voices drowned out when towns like Fenwick Island allow corporate voting. We stand in firm defense of the democratic ideal: "one person, one vote."

Violence by correctional officers isn’t just a moral failing – it’s unconstitutional. People living in prisons have the constitutional right to be free from cruel and unusual punishment. We're fighting a legal battle to shed light on and end a pattern of abuse at the Sussex Correctional Institution.

The Delaware Freedom of Information Act (FOIA) is a critical tool to facilitate public awareness and government accountability. Yet many state agencies continue to deny access to the very information FOIA was designed to make more transparent. On January 27, 2025, the ACLU of Delaware filed an appeal with the Superior Court of Delaware following two FOIA request denials from the Delaware Department of Corrections (DOC) related to information on eligible incarcerated voters. In August of 2024, ACLU-DE requested information about the number of incarcerated individuals who may be eligible to vote, as well as the necessary information to contact them, in order to advance voter education. The information requested was not confidential, nor did it pose any security risk. DOC's denial of these requests is indicative of a larger pattern of FOIA request denials from state agencies that keep important information out of view of the general public. We stand firm in the belief that incarcerated people should not be denied the information or assistance necessary to exercise their civil rights. The right to vote is a cornerstone of our democracy, and voter education is critical to upholding it. When upheld as intended, FOIA can and should be a powerful tool in helping to educate the voting public.

As of December 18, 2024, the ACLU of Delaware is representing a client in his Third Circuit appeal, arguing that the Delaware State Police (DSP) have been relying on general warrants in violation of the Fourth Amendment.