Preliminary injunction now in effect in Southern California
LOS ANGELES—On Wednesday, in a win for the freedoms of speech and press, a federal district court issued a preliminary injunction blocking the Department of Homeland Security (DHS)—which includes ICE and CBP—from brutalizing journalists, legal observers, and protesters.
“In these historic times, when press freedoms are under attack, this decision is a powerful reminder that journalists must be protected, not met with violence,” said Ryanne Mena, a journalist and plaintiff in the case. “By granting this relief, the court has affirmed the journalistic duty to our communities and the essential role of a free press.”
In a 45-page opinion, Judge Hernán Vera of the Central District Court of California determined that “the record includes detailed and credible declarations from nearly 50 journalists, legal observers, and protesters,” which showed DHS retaliation against people for protesting against and reporting on the violent immigration raids in Southern California.
“[U]nder the guise of protecting the public, federal agents have endangered large numbers of peaceful protestors, legal observers, and journalists—as well as the public that relies on them to hold their government accountable,” Judge Vera’s ruling states. “The First Amendment demands better."
“Since the federal government began its violent, chaotic invasion of Southern California, our communities have risen together to bear witness and to speak out for their neighbors and loved ones,” said Adrienna Wong, senior staff attorney at the ACLU Foundation of Southern California. “This ruling affirms their constitutional rights to do just that.”
Among other actions, the preliminary injunction prohibits DHS agents from:
- dispersing, threatening, or assaulting the press or legal observers unless they have probable cause to believe an individual has committed a crime unrelated to failing to obey a dispersal order.
- using chemical, projectile, and auditory weapons against members of the press, legal observers, and protesters who pose no threat of imminent harm to a law enforcement officer or another person;
- firing tear gas canisters or auditory weapons so as to strike any person, or firing weapons at the head, neck, groin, spine, or other sensitive areas, unless that person poses an immediate threat of death or serious bodily injury.
The lawsuit – filed in June by the Los Angeles Press Club, NewsGuild - Communications Workers of America (CWA), three journalists, two individual protesters, and a legal observer – details the retaliatory violence DHS inflicted in violation of their constitutional rights to protest, observe, and report on government actions.
"I've spent countless hours compiling evidence of police misconduct toward journalists in Los Angeles. The attacks this summer have been relentless,” said Adam Rose, press rights chair of the Los Angeles Press Club, a plaintiff in the case. “It was a relief to hear Judge Vera acknowledge a ‘mountain of evidence’ as we sat in his courtroom last month. This decision affirms our right to be free from violence while doing our jobs.”
According to court documents, DHS agents fired tear gas grenades at people, shot people in the head and body with projectile weapons, smashed the hands of people recording events with their phones, and brandished guns at people who were engaged in lawful First Amendment activities. DHS’ actions have caused serious injuries, such as burns, hematomas, wounds, concussions, memory lapses, and brain contusions.
"The rights to protest and report are critical to our constitutional democracy,” said Matthew Borden, partner at BraunHagey & Borden LLP, co-counsel in the case. “If the government can suppress them with violence, the government is the only one controlling the messages to our nation. That is the hallmark of a totalitarian state and the very evil the First Amendment was designed to protect against.”
This preliminary injunction applies to the counties of Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura.
"Journalists are the workers who shine a light on our democracy and hold power to account," said NewsGuild-CWA president Jon Schleuss. "This order makes clear they have a right to do their jobs safely to bring us the news we deserve without government interference."
Plaintiffs are represented by the ACLU Foundation of Southern California, BraunHagey & Borden LLP, the Law Office of Carol A. Sobel, the Law Office of Peter Bibring, and Schonbrun, Seplow, Harris, Hoffman & Zeldes LLP.
Read the order: https://www.aclusocal.org/sites/default/files/la_press_club_pi_order.pdf
Learn more about the case: https://www.aclusocal.org/en/cases/la-press-club-v-noem