Constitutional Law Attorneys
Protecting Your Rights as a Digital Citizen
Constitutional protections do not stop at the edge of a network, device, or digital platform. As government investigations rely more heavily on surveillance, data collection, compelled access, and expansive theories of criminal liability, the central question is whether established constitutional limits still mean what they say.
We represent individuals and organizations in matters where emerging technology tests the First, Fourth, and Fifth Amendments. Our work combines constitutional litigation with a practical command of the technical record, at trial, on appeal, and in federal courts nationwide.
The First Amendment: Speech, Association & Code
The First Amendment protects expression, association, and the ability to participate in public discourse, even when that activity occurs through code, online platforms, or decentralized networks. We represent clients confronting efforts to treat digital expression as unlawful conduct and litigate the limits of platform and intermediary protections.
Consult a constitutional law attorney about your case by contacting us online or at (888) 721-7680.
The Fourth Amendment: Digital Privacy & Surveillance
The Fourth Amendment’s protection against unreasonable searches and seizures applies to modern digital life. We challenge government demands for sensitive electronic information, including surveillance practices, large-scale location-data requests, and the seizure and search of devices and cloud-based evidence. In United States v. Gartenlaub, we challenged the secrecy surrounding a FISA warrant where the defendant was not allowed to examine the evidence obtained under it.
Location surveillance can sweep in information about large numbers of people who are not suspected of wrongdoing. We press courts to apply Fourth Amendment limits to digital searches with the same seriousness required for physical searches, and to scrutinize theories that treat the ordinary use of a phone, bank, internet service, or cloud provider as a forfeiture of privacy.
The Fifth Amendment: Compelled Decryption & Financial Testimony
The privilege against self-incrimination raises difficult questions when the government seeks passwords, private keys, decrypted devices, or testimony about financial activity. We represent clients confronting compelled production demands and assess whether the act of producing information would itself communicate facts the Fifth Amendment protects.
This work also extends to complex financial investigations and multi-jurisdictional proceedings. We have litigated Fifth Amendment issues in the LIBOR prosecutions, working as co-counsel in the reversal of a conviction of our client because he was compelled to testify in violation of the Fifth Amendment.
Constitutional Torts
When government officials violate constitutional rights, civil litigation may provide a means to seek accountability, compensation, and disclosure. We represent clients in claims arising from unlawful searches and seizures, excessive force, and other misconduct by law enforcement officers and government agents.
- Claims against local and state police: Section 1983 provides a vehicle for damages claims against state and local officials acting under color of law. We evaluate claims involving unlawful searches, seizures of devices and servers, excessive force, and other violations of constitutional rights.
- Claims against federal agents: Claims against federal officers involve a demanding and evolving body of law. We assess available remedies for unconstitutional conduct by federal agents, including allegations involving unlawful searches, deceptive warrant practices, or the destruction of property during a search.
Qualified immunity and limits on federal damages remedies make constitutional-tort litigation difficult. We develop the factual record carefully, pursue available remedies, and seek the evidence, such as investigative records, video, and communications, needed to establish what occurred and who was responsible.
Call (888) 721-7680 or submit our online contact form to book your virtual consultation today.
