Free Speech

The Constitution's framers believed that freedom of inquiry and free expression were the hallmarks of a democratic society. But historically, at times of national stress — real or imagined — First Amendment rights come under enormous pressure.

Dissent is patriotic.

What you need to know

70% increase

in censorship and book ban requests recorded by libraries in 2022 - the highest in over 20 years

Over 600

anti-LGBTQ bills have been introduced across the country since 2022

"Congress shall make no law . . . abridging the freedom of speech, or of the press, or of the people peaceably to assemble, and to petition the Government for a redress of grievances." - First Amendment to the United States Constitution

It is no coincidence that freedom of speech is the first freedom mentioned in the First Amendment. Freedom of inquiry and free expression are the hallmarks of a democratic society and an informed citizenry. But historically, at times of national stress and threats to democracy — real or imagined — First Amendment rights come under enormous pressure. We're seeing that today in increased calls for censorship, unprecedented levels of book banning, and attempted erasure of LGBTQ+ identities and expression.

The ACLU of Delaware stands firmly in defense of free speech and the critical role it plays in empowering our communities. The free exchange of ideas enriches and improves the lives of everyone, especially those most marginalized and disenfranchised by systemic inequality. From developing resources to keep people educated about their First Amendment rights, to extensive legal battles to uphold the constitutional guarantee of those rights — our work to protect freedom of speech and the invididuals who exercise that freedom is unending.

*Data from the ALA's Office for Intellectual Freedom and the Movement Advancement Project

The Latest

Know Your Rights
Image of megaphone and hands holding a phone while recording

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In the face of an increasingly hostile federal administration, it’s more important than ever to arm our communities with the knowledge and tools they need to protect their rights and fight for justice. The Firewall Podcast, hosted by Sharon Baker of TELEDUCTION, serves as a powerful tool, as part of the national ACLU Firewall for Freedom Initiative, in our ongoing fight against attacks on immigrant communities, reproductive rights, LGBTQ+ students, and so many others. It's our duty and honor to provide vital, actionable information to empower people across Delaware and beyond. In our inaugural episode, we explore one of the oldest and most powerful tools in the fight for civil liberties: refusal. We trace the ACLU’s roots back to the 1925 Scopes “Monkey” Trial, where attorney Arthur Garfield Hays defended the right to teach evolution in Tennessee, a landmark stand for thinking freely in America. Nearly a century later, that same spirit shapes today’s battles over bodily autonomy, protest rights, and immigration protections. We speak with Hays’ grandson, attorney Hayes Butler, about the generational legacy of legal defiance, and hear from ACLU of Delaware Executive Director Mike Brickner on how refusal guides our modern strategy to protect democracy. Together, we unpack how state leaders can use their legal authority to resist federal overreach, and why Delaware is positioned to lead the nation in saying no to injustice. Because building a firewall for freedom begins with one act: refusing to cooperate with harm. New episodes will be added as they're published. Listen & Follow on Apple Podcasts Watch & Subscribe on YouTube
Know Your Rights
Know Your Rights: Demonstrations and Protests

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The right to protest is fundamental to our democracy. It includes everything from speaking and holding signs to symbolic speech. It also protects arranging peaceful marches and assemblies on certain public lands.
News & Commentary
Right to protest

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The right to protest is fundamental to our democracy. In this moment, we have a right to freely express our political opinions without censorship or violence. Here’s what you need to know before heading out to exercise your constitutionally protected right to protest.
Court Case
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Wilmington Food Not Bombs v. Jennings

The ACLU of Delaware filed a federal complaint today against Attorney General Kathy Jennings and the City of Wilmington in response to the State of Delaware’s Solicitation Statute, Loitering Statute, and the City of Wilmington's Loitering Ordinance.
Court Case
Jun 29, 2023

Holloman v. Hudson et al

Court Case
Aug 08, 2022

Overington v. Fisher et al

In 2020, Kari Lynn Overington reserved a vanity license plate for her vehicle that was a victory statement about her fight with cancer: "FCANCER." The Delaware DMV tried to revoke her right to use that license plate, but ACLU-DE successfully defended her freedom of speech!
Court Case
Apr 28, 2022

Jennings v. McDole Ray

On September 5, 2021, Delaware Attorney General Kathleen Jennings informed two community community activists of the Delaware Department of Justice’s (DOJ) intent to institute proceedings against their protesting activities. We stepped in to help.