Judge Randolph Contreras on Tuesday sided with David Streever, a New York resident who accused the Trump administration of violating his First Amendment rights by sending federal agents to his home in June with a “warning notice,” claiming that he had issued a threat against former ICE director Todd Lyons.
A federal judge has ruled that the Department of Homeland Security may not issue “warning notices” against a U.S. citizen who criticized Immigration and Customs Enforcement operations.
According to The Guardian, Judge Randolph Contreras on Tuesday sided with David Streever, a New York resident who accused the Trump administration of violating his First Amendment rights by sending federal agents to his home in June with a “warning notice,” claiming that he had issued a threat against former ICE director Todd Lyons. Federal agents later approach Streever for a second time at a hotel where he was staying with his minor daughter.
The warning notice, along with the visits, were made in response to an email Streever sent Lyons in January, shortly after Immigration and Customs Enforcement officers shot and killed two U.S. citizens during a highly-publicized operation in Minnesota. In the email, Streever called Lyons a “monstrous human being,” told him that he was a Nazi, and warned him that his own conscience would “eat himself alive.”
The warning left at Streever’s home stated: “YOU MAY BE IN VIOLATION OF FEDERAL LAW.” It also listed a series of federal laws criminalizing the issuance of threats against government officials. “Receipt of this Notice will be taken into consideration, should you continue to be involved in any criminal activities described above.”
Contreras, in his decision, said that the issuance of warning notices “practically shouts that Mr. Streever may be prosecuted if he continues to engage in his political speech.”
“Americans have long voiced their displeasure with their government. The Declaration of Independence itself is a list of grievances between Americans and the British government. And Americans have no always indulged in the elevated prose of the Declaration,” Contreras wrote. “Government officials have long endured ‘vehement, caustic and sometimes unpleasantly sharp attacks.’ Today is no different.”
The Guardian notes that order is limited in scope: it prohibits the Department of Homeland Security, agency Secretary Markwayne Mullin, and ICE from issuing another “warning” notice against Streever while his case plays out in the court; it also enjoins the Trump administration from making similar threats or attempting to prosecute him over the email.
While Streever’s case is not yet resolved, he has expressed pleasure with the court’s initial ruling.
“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. “While I wish this ordeal hadn’t happened, hopefully this incident will serve as a reminder that the First Amendment protects us all.”
Sources
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