A US federal judge has barred the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) from issuing another warning notice threatening prosecution against a US citizen over his criticism of the agency, saying the government’s actions could infringe on his First Amendment rights.US District Judge Rudolph Contreras in Washington DC issued a preliminary injunction on Tuesday in a case brought by David Streever, a Rochester, New York, resident who accused DHS officials of violating his constitutional right to free speech.
Warning over email to former ICE chief
The case stems from an email Streever sent in January to Todd Lyons, then acting director of ICE. In the email, Streever called Lyons a “monstrous human being”, compared him to a Nazi and said his own conscience would “eat himself alive”.Months later, federal agents visited Streever’s home and later tracked him to a hotel where he was staying with his young daughter. Agents left him a warning notice stating that he “may be in violation of federal law” and citing laws concerning threats against federal officials.The notice also said its receipt would be taken into consideration if Streever continued to engage in activities described as criminal.Streever subsequently sued DHS, arguing that the investigation and warning caused him to self-censor his political views.Contreras said the notice “practically shouts” that Streever could face prosecution if he continued his political speech. He noted that Americans have historically expressed strong criticism of their government, including speech that may be “vehement, caustic and sometimes unpleasantly sharp”.
DHS defends investigation
The court order prevents DHS, its secretary Markwayne Mullin and ICE from issuing another similar warning to Streever or taking further action based on the notice while the case continues.However, the judge said the ruling does not prevent DHS officials from investigating future conduct to protect law enforcement officers and public officials, provided such actions do not infringe on Streever’s protected speech.DHS defended its actions, saying ICE investigates all credible threats against its employees and officers, including threats against the ICE director.“Any allegation DHS and its components are attempting to ‘squash’ free speech is categorically FALSE,” a DHS spokesperson said.The department also said its law enforcement officers were facing what it described as coordinated campaigns of violence, including increases in assaults, vehicle attacks and death threats.“Anyone who assaults or threatens our law enforcement officers will face the consequences,” the spokesperson said.
Free speech group backs Streever
Streever is represented by the Foundation for Individual Rights and Expression (FIRE), a nonprofit First Amendment advocacy group.“I’m deeply relieved that the court affirmed what I knew all along: that I am permitted to speak my conscience in the United States of America, including when I criticize government officials,” Streever said in a statement.FIRE Senior Attorney Adam Steinbaugh said the case involved political speech protected by the First Amendment and argued that warning people their speech could lead to prosecution could pressure them into silence.The government had previously argued that the investigation into Streever was closed in late June. It did not claim in its court filing that his email constituted a violent threat that could be prosecuted.Contreras has also directed the government to provide the report that closed the investigation as the case proceeds.
