On July 17 United States District Judge Michael H. Simon ruled to restrict federal agents in Portland from using certain kinds of force against journalists or legal observers at protests. The ruling was in response to a class-action lawsuit filed by the American Civil Liberties Union [ACLU] of Oregon.
The restraining order is set to last for two weeks, although Justice Simon will consider extending it further in the future. It bars officers from the US Department of Homeland Security [DHS] and the US Marshals Service [USMS], as well as any other federal agents or employees 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 they have reason to believe the person has committed a crime. They also cannot force journalists and legal observers to stop documenting protests or seize equipment from them.
“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,” said Jann Carson, the Executive Director of ACLU of Oregon.
ACLU of Oregon, in partnership with law firm BraunHagey & Borden LLP filed the lawsuit against the DHS, USMS, and the city of Portland on Sunday, June 28. Seven plaintiffs testified, including The Portland Mercury and six journalists and legal observers, all alleging they were victims of violence perpetrated by federal agents during protests while in gear indicative of their status as a journalist or legal observer.
“This order is a victory for the rule of law,” said Carson.
The National Police Association called on Judge Simon to rule against the plaintiff in a court brief on July 22. Claiming that journalists don’t have special rights when riots are declared and that the lawsuit would inhibit the police’s ability to defend themselves and disperse protests.
The order supplemented made by Judge Simon on July 2 for Portland police officers. Legal experts have pointed out, however, that police that violate these orders knowingly can be protected under the doctrine of qualified immunity, a legal precedent that often gives perpetrators of police brutality leeway in court. Federal officers, however, can’t use this defense in court.
The ACLU of Oregon is now in the process of suing the City of Portland in defense of volunteer protest medics, citing examples of violence federal and police officers allegedly inciting force against medics during the ongoing protests.
