Attorney General Bonta Leads Multistate Amicus Brief Challenging Trump Administration’s Dangerous Use of Force Against Peaceful Protesters, Journalists

OAKLAND — California Attorney General Rob Bonta today led a coalition of 17 attorneys general in filing an amicus brief in Los Angeles Press Club, et al. v. Kristi Noem, et al. supporting journalists and protesters challenging the U.S. Department of Homeland Security’s (DHS) dangerous use of force during protests in Los Angeles this past summer. During the largely peaceful demonstrations that arose in response to the Trump Administration's sweeping immigration raids, federal agents deployed tear gas, pepper balls, rubber bullets, and other dangerous weapons “indiscriminately and with surprising savagery,” injuring peaceful protesters, legal observers, and journalists in the process. In a brief filed in the U.S. Court of Appeals for the Ninth Circuit, the attorneys general argue that the tactics employed by these federal agents, including their inappropriate use of dangerous crowd control weapons, infringed on the First Amendment rights of protesters and the media, while also failing to accomplish their purported goal of lessening public unrest. 

“The Trump Administration used dangerous weapons against peaceful protesters and journalists in an attempt to discourage communities nationwide from reporting on and protesting the President’s aggressive immigration raids,” said Attorney General Bonta. “We will not allow the federal government’s bully tactics to undermine Americans’ First Amendment rights. My office will continue to oppose threats to free, safe speech wherever and whenever they arise.” 

A group composed of the Los Angeles Press Club, NewsGuild – Communications Workers of America, three journalists, two individual protesters, and a legal observer filed a lawsuit in the U.S. District Court for the Central District of California. The group sought injunctive relief to prevent DHS’ use of crowd control weapons and techniques at protests opposing the Trump Administration’s recent immigration raids in California. The group argued that DHS’ practices not only unnecessarily endanger civilians’ safety but violate protesters’ First Amendment rights and multiple rulings by federal courts regarding appropriate enforcement practices. The District Court granted the Plaintiffs’ request for a preliminary injunction. That order has been appealed to the U.S. Court of Appeals for the Ninth Circuit. 

In the amicus brief, the coalition of attorneys general urges the Ninth Circuit to uphold the District Court’s decision. The attorneys general argue that:

• Crowd control munitions should be deployed narrowly and when other options have been exhausted, as they can unnecessarily restrict First Amendment rights, cause serious injuries, and escalate rather than lessen unrest at protests;
• Law enforcement should proactively protect the press’ access to and safety at protests, rather than subjecting them to crowd control or attacks; and
• The DHS practices at issue in this case are not isolated, but instead part of a broader pattern of unlawful, nationwide actions by the federal government tied to the Trump Administration’s escalation of immigration enforcement.

In filing the amicus brief, Attorney General Bonta is joined by the attorneys general of Colorado, the District of Columbia, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Maine, Minnesota, New Jersey, New Mexico, Nevada, New York, Oregon, Rhode Island, and Vermont.