We live in a digital age. As technology advances, the law has struggled to keep up, which has created tension between law enforcement’s needs to investigate crimes and individuals’ constitutionally protected rights to privacy. One area where such tension continuously arises is with respect to law enforcement efforts to access information contained on cell phones.
Free speech is a right guaranteed to all citizens based on the 1st Amendment to the Constitution. Over the years, tension has developed between individuals seeking to exercise their free speech rights and governments attempting to enforce laws and maintain peace. Oftentimes, people exercising their free speech rights find themselves arrested and subject to criminal charges. In such cases, the First Amendment may provide a defense to such charges. The United States Supreme Court is currently wrestling with these issues in Bartlett v. Nieves.