The judge said the tactics that used by federal officers raised serious questions about potential violations of the First Amendment.
Federal officers must not target journalists or legal observers at the anti-racism protests taking place in Portland, Oregon, a judge ruled, extending a prohibition that had already been in effect for local police and delivering a win to local activists. U. S. District Judge Michael Simon issued a temporary restraining order against the Department of Homeland Security and the U. S. Marshals Service in a case brought by the American Civil Liberties Union on behalf of individuals who were observing and reporting on the demonstrations, which have occurred nightly for nearly two months. Simon said in Thursday night’s order that tactics by federal officers, including evidence that they had specifically targeted journalists and legal observers who were clearly identified and not violating the law, raised serious questions about First Amendment violations. The role of the federal law enforcement officers at the protests in Portland has come under scrutiny by civil rights advocates and elected officials. On Thursday, the Justice Department’s inspector general said it would examine the conduct of federal officers in the city. Those who brought the suit claimed that federal officers shot at them with tear gas canisters, rubber bullets and pepper balls and hit them with batons, sometimes with no warning, after they had identified themselves as members of the press. The order, which will remain in effect for 14 days, bars federal officers from „arresting, threatening to arrest, or using physical force directed against any person whom they know or reasonably should know“ is a journalist or legal observer unless there is probable cause that the person committed a crime. Journalists and legal observers „shall not be required to disperse following the issuance of an order to disperse, and such persons shall not be subject to arrest for not dispersing following the issuance of an order to disperse,“ Simon wrote, though he noted that they „remain bound by all other laws.
