Freedom of Speech and Association

Complaint details how the man was tightly handcuffed and prevented from exercising his First Amendment rights 

D.C. is a hub for political expression, and it helps to be prepared. If you're exercising your constitutional right to demonstrate, here are 5 things you should know.

History has taught us that D.C. residents must be ready to protect our fundamental right to protest, regardless of whom voters elect president.

Rene Quiñonez owns a small print shop in Oakland, California. In 2020, at the height of the pandemic and the summer of civil rights activism following the murder of George Floyd, he received his biggest order ever, for thousands of cloth masks printed with protest slogans (like "Stop Killing Black People"). But a postal clerk seized the shipment, harming Mr. Quiñonez's business. Mr. Quiñonez sued, alleging that the clerk had no legitimate reason to seize the masks and violated his constitutional rights in doing so. The district court threw the case out, ruling that Mr. Quiñonez had not met the strict standards for suing federal officers. This case implicates a problem bigger than one shipment of masks: whether people whose rights are violated by federal officers can sue to obtain redress. State and local officers who violate the Constitution could be sued for it, because there's a specific federal law saying so. Because Congress didn't pass a similar law for federal officers, the Supreme Court has made it extremely difficult to sue federal officers — regardless of the merits of the case. So even if the Constitution was clearly violated, if the wrongdoer was a fed, the victims usually cannot bring a constitutional claim against him. This rule creates a major gap in constitutional enforcement, especially here in D.C., where there is a huge federal law enforcement presence. Because of the Supreme Court's special hostility toward claims against federal officers, for instance, our case seeking damages for the massive, unprovoked assault on peaceful civil rights demonstrators at Lafayette Square in the summer of 2020 is proceeding on very different terms against the federal officers than against the local officers involved in the same incident: whereas we were able to certify a class action and will be able to seek punitive damages against the D.C. police, we could proceed only on behalf of a handful of individuals (not a class) against the U.S. Park Police, Secret Service, and other federal defendants like former Attorney General William Barr, and we cannot seek punitive damages. Mr. Quiñonez appealed the dismissal of his case. Together with the ACLU of Northern California, we filed an amicus brief supporting Mr. Quiñonez's appeal, on the issue of federal officer accountability. We explained how, separate from the path to accountability that the Supreme Court has shut off under federal law, state and local laws still permit suits against federal officers for constitutional violations. Rights without remedies are not worth very much. It is our goal to establish a clear path by which federal officers can be held accountable for violations of constitutional rights.

In Star Wars, the Imperial March is the music that plays when Darth Vader and his storm troopers enter the scene. It’s also the soundtrack of Sam O’Hara’s protest against the National Guard’s presence in D.C. National Guard troops arrived in the District after President Donald Trump deployed them to support local police—an act that Mr. O’Hara views as a violation of centuries-old norms against militarizing domestic law enforcement and a threat to individual freedom. To highlight the surreal danger of the deployment, Mr. O’Hara began walking behind Guard members when he saw them in the community, playing The Imperial March on his phone, and recording. Most community members got the point of the protest, and so did several members of the Guard, who either smiled or laughed in response. Ohio National Guard Sgt. Devon Beck, however, was not amused by the satire. He threatened to call MPD if Mr. O’Hara didn’t stop his protest. When Mr. O’Hara persisted, Sgt. Beck recruited MPD officers to the scene, and the officers proceeded to detain and handcuff Mr. O’Hara, ending his demonstration. The First and Fourth Amendments (not to mention D.C. law) bar government officials from detaining people just because of their speech. Mr. O’Hara is suing to vindicate that principle. Press Release

In January 2025, President Donald Trump signed an executive order aiming to rename the Gulf of Mexico “Gulf of America.” When the Associated Press chose not to use the new moniker, the White House retaliated by barring the AP’s reporters from participating in the press pool in the Oval Office or aboard Air Force One. The news organization filed suit in February for retaliation in violation of its First Amendment rights, and it won a preliminary injunction in April. The government appealed. Together with the National ACLU, we filed an amicus brief at the D.C. Circuit supporting the AP and arguing that, although the disagreement about geographic nomenclature that began this controversy is a small one, the constitutional implications of the dispute itself are profound. American history shows that scrupulous protection of the press’s right to disseminate information, without fear or favor to those in power, is essential to our democracy. From early American history, to World War I, to the Second Red Scare, dark chapters in our Nation’s past illustrate what happens when we stray from our commitment to First Amendment freedoms. The White House’s exclusion of the AP is, alarmingly, part of a broader assault on free expression. Our brief catalogues how the administration has attempted to muzzle institutions like the bar, the academy, and the media that are at the heart of civil society. Constant vigilance for our liberties is as critical as ever. Finally, we explain how developments in other democracies and former democracies highlight the dangers of allowing the government to infringe speech and press freedoms. Across the world—including in the Philippines, Hungary, Turkey, and Russia—democracies have backslid into repressive regimes with few freedoms after their institutions failed to hold the line on free expression. Backsliding often begins with a crackdown on speech and the press. Our brief warns that condoning government retaliation against disfavored media outlets would not only fly in the face of First Amendment jurisprudence, but also ignore the warnings from our Nation’s history and from recent history around the world: that incursions on free expression, left unchecked, lead to increasing repression.

A Strategic Lawsuit Against Public Participation (“SLAPP”) is a term for a legal action that is of little merit but is filed anyway for the purpose of stopping someone from engaging in (usually constitutionally protected) speech by burdening them with a costs of a lawsuit. In December of 2010, the D.C. Council passed, with our support, an Anti-SLAPP Act that provides a special procedure for people engaged in advocacy on public interest issues to have a court dismiss SLAPP suits quickly. One of the provisions of the Anti-SLAPP Act limits the discovery (that is, court-ordered exchange of information among the parties in a lawsuit) that can occur when the Anti-SLAPP Act’s protections are invoked. This is because discovery can be costly and time-consuming, so that even speakers who should obtain dismissal of a SLAPP might be chilled from speaking in the first place if they knew they could be forced to undergo discovery before dismissal. In this case, the D.C. Court of Appeals ruled that the discovery limitations of the Anti-SLAPP Act were invalid because they modified D.C. court procedures in a manner inconsistent with the D.C. Home Rule Act of 1973, by which Congress granted the District limited powers of self-government. Together with many other public interest groups, we filed an amicus brief in support of reconsidering this decision, in the hope that the court will restore the discovery protections for speakers hit with SLAPPs. For more information on Washington D.C.’s Anti-SLAPP Act, click on the following link: http://www.anti-slapp.org/your-states-free-speech-protection/ In January 2024, the court granted the petition for rehearing. In April 2024, we joined with other public interest groups once again to file an amicus brief on the merits discussing the importance of the Anti-SLAPP Act and its protections for public advocacy.