PORTLAND, Ore. — U.S. District Judge Michael Simon today blocked federal agents in Portland from dispersing, arresting, threatening to arrest, or targeting force against journalists or legal observers at protests. The court’s order, which comes in response to a lawsuit filed by the American Civil Liberties Union of Oregon, adds the Department of Homeland Security and U.S. Marshals Service to an existing injunction barring Portland police from arresting or attacking journalists and legal observers at Portland protests.
Under the court order, federal agents also cannot unlawfully seize any photographic equipment, audio- or video-recording equipment, or press passes from journalists and legal observers, or order journalists or legal observers to stop photographing, recording, or observing a protest.
“This order is a victory for the rule of law,” said Jann Carson, interim executive director of the ACLU of Oregon . “Federal agents from Trump’s Departments of Homeland Security and Justice are terrorizing the community, threatening lives, and relentlessly attacking journalists and legal observers documenting protests. These are the actions of a tyrant, and they have no place anywhere in America.”
The lawsuit was filed on behalf of legal observers and local journalists. Named plaintiffs include:
All individuals were wearing high-visibility shirts that said “PRESS” or vests that said “ACLU of Oregon Legal Observer” in large letters.
“This injunction is a critical protection for journalists and legal observers exercising their fundamental right to record and observe police activities at these important protests, and it’s a victory for the nation’s right to receive a full account of these events,” said Matthew Borden, pro bono counsel for the ACLU Foundation of Oregon and partner at BraunHagey & Borden LLP.
The ACLU of Oregon has also filed a lawsuit against DHS, the U.S. Marshals Service, and the city of Portland for attacking volunteer street medics. That case is currently pending before a federal court.
"The ACLU will hold federal and local law enforcement nationwide to account if they violate our constitutional rights,” said Vera Eidelman, staff attorney with the ACLU’s Speech, Privacy, and Technology Project .