President Donald Trump's Department of Justice (DOJ) is now claiming that Americans do not have a Constitutional right to film law enforcement officers.
NOTUS reported Tuesday that the DOJ made the claim during a hearing in U.S. District Judge Katherine Menendez's courtroom. The hearing was the result of ongoing litigation by Minneapolis residents over claims that U.S. Immigration and Customs Enforcement (ICE) agents pepper-sprayed and arrested them without cause. While the initial complaint was filed prior to the fatal shooting of U.S. citizen Renee Nicole Good by ICE agent Jonathan Ross, the plaintiffs cited Good's death as reason to issue a temporary restraining order against federal agents.
DOJ attorney Jeremy Newman defended the recent trend of ICE agents drawing their weapons on civilian vehicles following them, saying that "following" can lead to "dangerous activity," and that it was "reasonable for officers to be concerned about their safety. NOTUS further reported that Newman cited the 2023 Molina v. Book case to support his argument that "observing and recording police is not a clearly established First Amendment right."
"It’s very clear that this is an ongoing emergency," Newman said.
However, other court cases decided at the federal appellate court level have ruled that Americans do indeed have the right to document police officers in the course of their duties. In the 2022 Irizarry v. Yehia case, the U.S. Court of Appeals for the Tenth Circuit ruled that the First Amendment guaranteed the right to film police officers "subject to reasonable time, place and manner restrictions."
Judge Menendez – an appointee of former President Joe Biden — reportedly chided ICE agents for not including copies of any police reports, body camera footage or statements from agents involved in altercations with plaintiffs. Newman responded that the agency "did the best we could" as their response to the litigation was cobbled together over the holiday season.
Menendez also told plaintiffs she would rule on their petition for emergency relief by Thursday or Friday, and hinted that any ruling would pertain to their specific case, rather than a broader decision impacting all protesters in Minneapolis.
Click here to read NOTUS' article in its entirety.