Last week, EFF urged the full U.S. Court of Appeals for the Fourth Circuit to reconsider a split three-judge panel’s ruling that the Baltimore Police Department’s aerial surveillance of the city’s more than half a million residents is constitutional. In a friend-of-the-court brief—which was joined by the Brennan Center for Justice, Electronic Privacy Information Center, FreedomWorks, National Association of Criminal Defense Lawyers, and the Rutherford Institute—we argue that the panel decision is both wrong on the law and failed to appreciate the disparate burden of government surveillance borne by communities of color.

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