Let's talk about a Chicago judge saying to not use force on journalists....
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What is the judge's ruling on using force against journalists in Chicago?
Well, howdy there internet people, it's Belle again. So today we're going to talk about a judge saying to not use force on journalists in Chicago. US District Judge Sarah Ellis wound up giving a ruling that for the most part is just an explanation of the First Amendment, with a little emphasis that Reminder that journalism is the only profession expressly protected by the US Constitution. The freedom of the press is seen as a fundamental freedom in the US. The ruling says that federal officers who know or reasonably should know that somebody is a journalist cannot use force, arrest, threaten, or order their dispersal unless they quote. Have probable cause to believe that the individual has committed a crime unrelated to failing to obey a dispersal order.
Failing to disperse alone is not enough.
Why does the order allow force if journalists are covering events after a dispersal order?
And if you're wondering why that exception is there, it's because journalists have to cover the events after the order is given. The order prohibits federal officers from using chemical irritants like pepper spray or tear gas or kinetic devices like rubber bullets on anybody. Unless they pose a safety threat to officers or others. That part applies to everybody, not just journalists. When they are used, the order requires two audible warnings prior to deploying any riot control weapon. The judge said quote Whatever lawlessness is occurring is not occurring by peaceful protesters. The order is going to require federal agents to be more discerning in their fire.
How does the judge differentiate between lawless actions and peaceful protest?
She said that some of the recent actions clearly violate the Constitution. The order also requires that federal agents have visible identification on their uniforms or helmets. The temporary restraining order applies across the Northern District of Illinois and applies to all Department of Homeland Security agents. The judge seemed incredibly aware of the administration's habit of looking for a way to circumvent orders. She warned that she didn't want to see the National Guard used as a workaround for the order. Judge Ellis seemed incredibly concerned that the actions of DHS personnel have had a chilling effect on journalists and their ability to report. Any chilling effect would be a violation of the First Amendment.
She said
What identification requirements does the order place on federal agents?
My hope is that in entering this TRO and providing this guidance, we will no longer have the issues that we have been experiencing. A DHS statement said the We remind members of the media to exercise caution as they cover these violent riots and remind journalists that covering unlawful activities in the field does come with risks. Let's be real. Journalists who cover these events know that. Everybody on our team who has ever covered an active demonstration or an actual riot has been hit with some form of RC device. In every instance except one, they were collateral and not actively being targeted. The one where he was actively targeted?
What outcomes does Judge Ellis hope to achieve with the temporary restraining order?
Well, he'd be the first to say I kinda had that one coming. Journalists who do this don't whine about a change in wind blowing irritants in their eyes, or even a stray rubber round. They have to believe they were actively targeted without cause. The judge made a point of saying quote Individuals are allowed to protest, they are allowed to speak and That is guaranteed by the First Amendment to our Constitution. And it is a bedrock right that upholds our democracy. Anyway. It's just a thought. Y'all have a good day.
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Chapters
5 chapters
1
What is the judge's ruling on using force against journalists in Chicago?
0:01–1:06
2
Why does the order allow force if journalists are covering events after a dispersal order?
1:06–1:59
3
How does the judge differentiate between lawless actions and peaceful protest?
1:59–2:54
4
What identification requirements does the order place on federal agents?
2:54–3:47
5
What outcomes does Judge Ellis hope to achieve with the temporary restraining order?
3:47–4:27
Speakers
1 identifiedMore from Belle of the Ranch
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