“The Trump administration is using a law against impeding federal law enforcement to threaten and arrest people who are recording and protesting immigration officers. However, an unprecedented number of those cases are falling apart once they go to court, according to media investigations, think tank reports, and voluminous court records and video evidence.
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“On their own, yelling, protesting, honking a horn, blowing a whistle, following, and recording are all clearly First Amendment–protected activities, even if done during law enforcement operations,” Bier wrote. “Of course, it is possible to follow an officer in a dangerous manner or physically interfere while recording an operation or protesting, but following and recording by themselves without physical interference are clearly protected.”
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It would be tempting to call these cases failures, and they are in a legal sense, but the administration’s real goal isn’t to win cases. It’s to intimidate American citizens into giving up their First Amendment right to peacefully oppose and monitor the police.”