A federal judge on Tuesday issued a preliminary injunction blocking the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) from taking further action against David Streever for criticizing a former official. The ruling stems from a lawsuit filed by Streever, a Rochester, New York, resident, who alleged that federal agents violated his First Amendment rights after he sent a critical email to then-acting ICE director Todd Lyons.
The dispute began earlier this year after Streever sent an email to Lyons following the fatal shooting of two observers by federal immigration officers in Minneapolis in January. In the email, Streever compared Lyons to a Nazi and called him a "monstrous human being." Five months later, Homeland Security Investigations officers tracked Streever to his home, an airport, and a hotel to serve him with a "Warning Notice" regarding potential violations of federal law.
The warning notice stated "YOU MAY BE IN VIOLATION OF FEDERAL LAW" and listed statutes regarding threats against federal officials. Streever, represented by the Foundation for Individual Rights and Expression (FIRE), argued the government's pursuit forced him to self-censor his political speech. Judge Rudolph Contreras wrote in his ruling that because the government likely infringed on Streever's rights, the injunction was necessary to allow him to speak freely while the case proceeds.
DHS defended its actions in court filings by citing a general increase in threats of violence against public officials. The government argued the case should be dismissed because it had closed the investigation into Streever in late June, prior to the lawsuit being filed. However, the federal government's filings did not assert that Streever’s specific email constituted a prosecutable violent threat.
For the ordinary person, this case illustrates the boundaries of the First Amendment, which protects the right to free speech. The injunction temporarily blocks DHS from taking further steps in reliance on the "Warning Notice" or issuing similar threats to Streever for his protected expression during the case.
The outcome of this case may influence how federal agencies use warning notices. FIRE Senior Attorney Adam Steinbaugh characterized such letters as "ominous" and intended to coerce silence. Judge Contreras has ordered the government to produce the report that officially closed its investigation of Streever as part of the ongoing court proceedings.