ICE clashes with the First Amendment

The Enquirer reported last week on a Jan. 13 news conference with Sen. Jon Husted, following the killing of Renee Good in Minneapolis. At the press conference, Husted was quoted: “You are free to speak out against ICE operations…You are free to help anyone who has been arrested.” But don’t get involved in the law enforcement process because, unfortunately, tragic things can happen.

I have some problems with this.

First, it’s troubling that Senator Husted didn’t bother to send his condolences, not even his “thoughts and prayers” to Good’s family. (She has three young children.) I didn’t know that God only operated in red states. Maybe I missed a decree. But this column isn’t about Husted’s lack of compassion.

I am rather disturbed by the senator’s apparent indifference to what is happening in Minnesota and across the country. In the abstract, Senator Husted is right. You cannot obstruct the application of the law. But this is not a capital offense. Yet ICE Homeland Security Director Kristi Noem, and by extension Senator Husted, are essentially telling people, “Be careful or you could be next.” »

Watch this video, starting at 4:50. ICE agent yells at compliant driver, “Didn’t you learn anything from what just happened?” obviously referring to Good’s murder. When Senator Husted refers to “tragic things,” he echoes the masked ICE agent.

Federal law defines domestic terrorism as “activities that…involve acts dangerous to human life and that constitute a violation of the criminal laws of the United States or any other state; [and] . . . seem to be intended… . . . to intimidate or coerce a civilian population.

So if ICE, and by extension Senator Husted, are highlighting Good’s murder and warning people to “learn from what just happened”, is it just me or does that sound like the definition of terrorism?

I am also troubled by Senator Husted’s implicit assumption that ICE and Noem will follow the law and not arrest or intimidate peaceful protesters. The evidence suggests otherwise. It’s also troubling that the definition of “obstruct” has a very fluid meaning on Noem’s watch.

Return to the video linked above, this time at the five minute mark, where the masked ICE agent tells the driver to “stop following us. You’re interfering with operations.” This does not preclude an investigation from observing what ICE is doing. And to observe, it goes without saying that you have to follow the agents. So when Senator Husted says tragic events can happen, is he talking about citizens observing ICE in action? ICE, those with guns, seem to think so.

How about photographing ICE in action? Seven U.S. appeals courts have ruled that there is a right to do so under the First Amendment. But watch this video at the 29 second mark. Apparently this officer, who assaulted a citizen because he was using his iPhone camera, didn’t read any of the reviews. And it’s not just street officers who disregard the law.

Recently, DHS responded to a question from “Reason Magazine” like this: “Do you consider recording or following a federal law enforcement officer to be obstruction?” Friday night, the DHS office responded…that this “certainly looks like obstruction of justice” and that they will pursue people “to the fullest extent of the law.”

Senator Husted did not address the conundrum of what to do when the gun guys think citizens exercising their First Amendment rights are obstructing justice, and their overseers in Washington give their blessing.

So, what to do? Well, maybe instead of joining in the intimidation of citizens, Congress could exercise some legislative oversight and at least try to curb the abuses committed by ICE. Maybe even a senator like Jon Husted could do it.

Jack Greiner is a lawyer in Cincinnati. He represents Enquirer Media in First Amendment and media matters.

This article originally appeared on Cincinnati Enquirer: Strictly Legal | Doing good with ICE?