Federal judge curbs DHS, LAPD actions against journalists in L.A.

Vera found that DHS agents fired tear gas and other less-lethal rounds — such as rubber bullets and pepper balls — at people who were clearly marked as journalists. The judge noted that plaintiffs brought at least 50 credible claims that agents used crowd-control weapons on journalists, observers and protesters from June 6 to July 10.

“Under the guise of protecting the public, federal agents have endangered large numbers of peaceful protesters, legal observers, and journalists — as well as the public that relies on them to hold their government accountable,” Vera wrote. “The First Amendment demands better.”

A DHS spokesman earlier said the First Amendment protects speech and peaceful assembly, “not rioting.” Although the government alleged that journalists participated in violent protests, the judge said its attorneys failed to present a “shred” of evidence to support that claim.

“I’ve spent countless hours compiling evidence of police misconduct toward journalists in Los Angeles. The attacks this summer have been relentless,” said Adam Rose, press rights chair of the Los Angeles Press Club, the lead plaintiff in the case. “This decision affirms our right to be free from violence while doing our jobs.”

A DHS spokesperson didn’t respond to a request for comment.

The order applies to seven counties in California, including Los Angeles and Orange counties. It prohibits federal agents from DHS from “dispersing, threatening, or assaulting” anyone they know or think is a member of the media. Any crowd-control measures will require two audible warnings to those in the area unless there is a serious threat.

Former CBP commissioner Gil Kerlikowske, who served during the Obama administration and testified as an expert witness for the plaintiffs, called the restrictions “workable” and said they would still allow officers to protect public safety.

The plaintiffs, which include individual journalists and their unions, also sued the Los Angeles Police Department and L.A. County Sheriff’s Department with similar allegations.

On Thursday, Vera granted a preliminary injunction against LAPD as well. He called this summer’s events “the latest chapter in a long and unfortunate saga of the LAPD’s use of unlawful force against members of the media,” citing examples dating back to 2000.

The LAPD did not immediately respond to a request for comment Thursday.

Vera’s injunction Wednesday against DHS is the first major legal action against federal agents who were deployed by President Donald Trump against protests of immigration raids, which were also carried out by DHS personnel.

Vera’s rulings come days after the Supreme Court lifted limits on immigration raids in the Los Angeles area. The justices lifted a ruling by Vera’s colleague, U.S. District Judge Maame Ewusi-Mensah Frimpong — also a Biden appointee — who found there was a “mountain of evidence” that authorities were conducting unlawful raids against low-wage workers based on their presumed ethnicity.

Vera used similar language in his DHS ruling, saying there was an “avalanche of evidence” that agents violated the First Amendment rights of journalists as well as those of legal observers and protesters.