A federal judge decided Nov. 6 to prohibit federal agents in her district from arresting, threatening, or dispersing journalists or ordering crowds to leave places they’re legally allowed to be in, with some exceptions.
After hearings Nov. 5 and 6 in the U.S. District Court of the Northern District Court of Illinois Eastern Division, Judge Sara Ellis issued a preliminary injunction order stating that federal agents can only demand people leave an area if doing so immediately is necessary to preserve life or prevent a catastrophe, and riot control weapons must only be used in certain circumstances.
The case, Chicago Headline Club v. Noem, was launched after several media organizations and individuals complained that the federal government was violating their First Amendment rights.
A Department of Homeland Security spokesperson told CatholicVote in a statement that it would appeal the ruling, which was characterized as “an extreme act by an activist judge that risks the lives and livelihoods of law enforcement officers.”
“Rioters, gangbangers, and terrorists have opened fire on our federal law enforcement officers, thrown rocks, bottles, and fireworks at them, slashed the tires of their vehicles, rammed them, ambushed them, and they have destroyed multiple law enforcement vehicles,” the statement said. “Despite these real dangers, our law enforcement shows incredible restraint in exhausting all options before force is escalated. DHS law enforcement will continue to enforce the laws of our nation, just as they do every day across the country.”
CatholicVote Director of Government Affairs Tom McClusky said, “The reelection of President Trump has exposed numerous judges across the U.S. as no longer being impartial referees but liberal activists.”
The ruling
The ruling said riot control weapons can’t be used and can’t be directed at “identified targets” if that could hurt someone unless using them “is objectively necessary to stop the person from causing an immediate threat of physical harm to another person.”
It listed the following as examples of riot control weapons:
kinetic impact projectiles
compressed air launchers (e.g., PLS and FN303)
Oleoresin Capsicum (OC) Spray, CS gas, CN gas, or other chemical irritants
40 mm munitions launchers
less-lethal shotguns
Less-Lethal Specialty Impact-Chemical Munitions (LLSI-CM)
Controlled Noise and Light Distraction Devices (CNLDDs)
Electronic Control Weapons (ECWs)
Before using a riot control weapon or force, federal agents must give at least two warnings loud enough for targeted individuals to hear — unless immediate action is necessary to stop a catastrophe or protect people from being killed, according to the order. In the warnings, federal agents have to announce that they may use the weapons or force and give people a reasonable opportunity to comply with agents’ requests so they can avoid being injured.
In addition, unless doing so would be “objectively necessary” to stop a class member — nonviolent protestors, observers, and recorders of Department of Homeland Security immigration operations in the Northern District of Illinois — from seriously injuring or killing someone, federal agents can’t do any of the following:
Deploying chemical irritants into crowds, residential or commercial areas that could risk injuring Class members
Deploy CS or CN gas canisters, CNLDDs, or LLSI-CM to strike a Class member or above their head
Strike a class member with a vehicle
Fire a compressed air launcher, munitions launcher, or KIP to hit the head, neck, groin, spine or (for women) breasts of a class member
Applies prolonged pressure to the neck that may restrict blood flow or air passage against a class member
Federal agents can only tackle a class member not immediately threatening physical harm to another person if doing so is “objectively necessary and proportional to effectuate an apprehension and arrest,” and they can only arrest a class member who is not resisting a crowd dispersal order if “there is specific probable cause to believe that the person has committed a crime for which a custodial arrest is warranted and for which the Federal Agent has lawful authority to make an arrest.”
Unless federal agents are working undercover or don’t typically wear a uniform, they must have visible identification, Ellis also ordered. Federal agents must also wear activated body cameras when they are conducting law enforcement, unless they are at a port of entry, on a commercial flight, working undercover, conducting a controlled delivery, or interviewing someone in custody or if federal agencies issue an exemption.
According to the order, federal agents aren’t liable for “incidental violations” of the order if they can prove that the individual did not indicate they were a journalist by distinguishing themselves in at least one of the following methods:
displaying press credentials, such as a badge or press pass
wearing clothing or patches that identify themselves as a member of the press
carrying photography or videography equipment
standing to the side of a protest and not chanting, holding a sign or shouting slogans