By Selina MacLaren for ACLU - For today’s journalists, cellphones are mobile newsrooms that go where a reporter goes. They’re used to contact sources, record interviews, write notes and articles, take photos and videos, share work on social media, follow breaking news, and more. So when the government can access — without a warrant — cellphone location records that could be used to reconstruct a person’s movements over time, it not only infringes upon the public’s Fourth Amendment right to privacy, but also threatens reporters’ ability to maintain the confidentiality of their sources and gather the news without being surveilled.
That’s why the Reporters Committee for Freedom of the Press and 19 other media organizations are urging the Supreme Court of the United States to overturn an appeals court ruling in Carpenter v. United Statesand require the government to obtain a warrant to acquire cellphone location data. On the surface, Carpenter, which the Supreme Court will hear next week, is a Fourth Amendment privacy case about whether law enforcement should be granted warrantless access to records showing where a cellphone has traveled. But when the records sought are those of a journalist, this practice threatens First Amendment freedoms, too. If the court accepts the government’s argument in Carpenter, this would make it easier for the government to obtain cellphone location records and track where reporters have traveled.