A court has barred the US Department of Homeland Security and Immigration and Customs Enforcement from pursuing further action against a New York man over an email criticising a senior immigration official.
David Streever, from Rochester, sued in July after federal agents tried to locate him at his home, an airport and a hotel. He said their actions, including a warning that he might have broken federal law, had violated his First Amendment rights and caused him to censor himself.
The email was sent to Todd Lyons, the former acting director of ICE. Streever compared Mr Lyons to a Nazi, called him a “monstrous human being” and wrote that he would be tormented by his conscience.
Streever told NPR he sent the message after federal immigration officers fatally shot two observers in Minneapolis in January.
A notice left at his home by agents warned: “YOU MAY BE IN VIOLATION OF FEDERAL LAW”. It listed laws making it a crime to threaten federal officials and said receipt of the notice would be considered if he continued to engage in “criminal activities described above”.
Judge Contreras issued a preliminary injunction, saying the government had probably already infringed Streever’s free-speech rights. The order prevents DHS and ICE from relying on the warning notice or issuing substantially similar threats aimed at his protected expression while the case continues.
“Mr. Streever’s injury is the loss of his freedom to engage in political speech now because the threat of such an investigation or prosecution looms over him like the sword of Damocles, and he is forced to self-censor under that threat,” the judge wrote.
Streever is represented by the Foundation for Individual Rights and Expression, a non-profit free-speech organisation. He said he was “deeply relieved” that the court had affirmed his right to criticise government officials and hoped the case would remind people that the First Amendment protects everyone.
DHS defended its investigation in court filings by pointing to an increase in threats against public officials. The government argued that the case should be dismissed and said the investigation into Streever had been closed in late June, before he brought his lawsuit.
However, the government did not claim that Streever’s email was a violent threat that could be prosecuted. Judge Contreras has ordered it to hand over the report closing the investigation.
Adam Steinbaugh, a senior attorney at FIRE, said: “ICE knowingly pursued an American citizen for criticizing his government — speech that is at the heart of the First Amendment.” DHS did not immediately respond to a request for comment.
