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Judge: ICE Threat Over Email Violated First Amendment

Ars Technica •
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A federal judge ruled Tuesday that it’s not illegal to send an email telling ICE officials their actions will haunt them, granting a preliminary injunction that blocks ICE from threatening to prosecute a critic for protected speech.

In January, David Streever sent a scathing email to then-acting ICE director Todd Lyons, calling him a "monstrous human being" and comparing him to Reinhard Heydrich. ICE did nothing initially, but five months later served a warning notice at Streever’s home, claiming his email may have constituted a criminal threat. Agents tracked him to a hotel, alarming him. His lawyers at FIRE said he’s been self-censoring since.

US District Judge Rudolph Contreras wrote that ICE apparently conceded Streever’s email was protected speech. ICE claimed it dropped the investigation within a month but never told Streever. Contreras ordered ICE to temporarily stop enforcing the warning notice or issuing similar threats while the case proceeds.

"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.