- United States
- Kan.
- Letter
I am writing to urge you to take immediate action to protect First Amendment rights from escalating administrative overreach by federal agencies. Recent reports reveal deeply troubling tactics that threaten the constitutional freedoms that define our democracy.
The Washington Post reported that a Philadelphia-area retiree named Jon sent an email to a federal prosecutor advocating for an Afghan asylum seeker facing deportation. He simply asked the prosecutor to apply common sense and decency to the case. Hours later, the Department of Homeland Security issued an administrative subpoena to Google—without judicial or grand jury oversight—compelling release of Jon's identifying information and physical address. DHS agents then appeared at his door demanding he explain his email. This is not an isolated incident. DHS has attempted similar tactics against internet commenters discussing Immigration and Customs Enforcement operations.
The situation has worsened with threats against those filming law enforcement. DHS spokeswoman Tricia McLaughlin claimed that filming and posting videos of ICE constitutes "doxing our agents" and threatened prosecution to the fullest extent of the law. This directly contradicts established First Amendment protections for filming law enforcement. In Maine, an ICE agent told a woman filming him that he was recording her information for a "nice little database" for "domestic terrorists" like her. A CNN report confirmed a DHS memo instructing agents to capture all images, license plates, identifications, and general information on protesters so they can consolidate it into one database.
These tactics mirror authoritarian practices we condemn abroad. The First Amendment exists precisely to protect citizens from government retaliation for criticism. Administrative subpoenas that unmask government critics, threats against those filming public officials, and databases tracking protesters represent a fundamental assault on constitutional rights.
I urge you to introduce or support legislation that prohibits the use of administrative subpoenas to identify individuals engaged in protected speech, ensures the right to film law enforcement remains protected, and prevents federal agencies from creating databases to track protesters exercising their First Amendment rights.