Screen shot of introduction of case: Michael H. Simon, District Judge. In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated. In an authoritarian regime, that is not the case. Indeed, a democracy is only as strong as its tolerance for dissent. As Benjamin Franklin wrote: Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins.' Our nation is now at a crossroads. We have been here before and have previously returned to the right path, notwithstanding an occasional detour. In helping our nation find its constitutional compass, an impartial and independent judiciary, operating under the rule of law, has a responsibility that it may not shirk. ' Benjamin Franklin, "On Freedom of Speech and the Press," Pennsylvania Gazette, Nov. 17, 1737. Fifteen years earlier, Dr. Franklin wrote: "Whoever would overthrow the Liberty of a Nation, must begin by subduing the Freedom of Speech." Benjamin Franklin, Silence Dogood, No. 8, as printed in The New England Courant, July 9, 1722.
otherwise, it is HEREBY ORDERED THAT: 1. The Secretary of the U.S. Department of Homeland Security and all agents and employees of that Department, including all persons acting under the direction of or in active concert or participation with the Secretary of the U.S. Department of Homeland Security or any of its agents or employees (collectively, the "Enjoined Persons") are hereby prohibited and enjoined from engaging in, directing, or encouraging others to engage in or direct any of the following actions at or in the vicinity of the Immigration and Customs Enforcement ("ICE") building located at 4310S. Macadam Avenue, near the corner of Southwest Moody Avenue and Southwest Bancroft Street in Portland, Oregon ("Portland ICE Building"): No Enjoined Person may direct or use chemical or projectile munitions, including but not limited to kinetic impact projectiles, pepper ball or paintball guns, tear gas or other chemical irritants, soft nose rounds, 40mm or 37mm launchers, less lethal shotguns, and flashbang, Stinger, or rubber ball grenades, unless the specific target of such a weapon or device poses an imminent threat of physical harm to a law enforcement officer or other person. No Enjoined Person may fire any munitions or use any weapons described in subsection (a) at the head, neck, or torso of any person, unless the officer is legally justified in using deadly force against that person.
No Enjoined Person may use pepper spray, oleoresin capsicum spray, or other aerosol restraint spray (collectively, "OC Spray"), unless the specific target of that weapon exhibits, at a minimum, active resistance. For purposes of this Order, and by way of example and illustration only, trespassing, refusing to move, refusing to obey an order to disperse, and "going limp" (or "going dead weight") are merely acts of passive resistance, not active resistance. In addition, no Enjoined Person may use OC Spray indiscriminately against groups of people where bystanders foreseeably would be affected. OC Spray, however, may be used against specific individuals actively engaged in violent unlawful conduct, actively resisting arrest, or as reasonably necessary in a defensive capacity.
2. Nothing in this Order shall prevent an Enjoined Person from making an otherwise lawful arrest if there is probable cause to believe that a crime has been committed and that the person being arrested has committed that crime. 3. Nothing in this Order shall prevent an Enjoined Person from using proportional force, including less lethal weapons, on any individual who poses an imminent threat of physical harm to a law enforcement officer or other person. 4. Defendants shall not be liable for violating this Preliminary Injunction if a person is incidentally exposed to a crowd-control device, provided that such a device is deployed in a manner that is fully consistent with this Order of Preliminary Injunction. The parties shall promptly confer regarding how the Enjoined Persons who perform duties at or in the vicinity of the Portland ICE Building can place conspicuous and unique identifying markings (using numbers and/or letters) on the uniforms, vests, and/or helmets of the officers and agents deployed at the Portland ICE Building so that they can be identified at a reasonable distance and without unreasonably interfering with the legitimate law enforcement needs of these personnel. If the parties agree on a method of marking, they shall submit the terms of their agreement in writing to the Court, and the Court will then issue a Supplemental Order of Preliminary Injunction that incorporates the parties agreement. If the
Preliminary Injunction granted in the Portland, Oregon-based lawsuit against the Fed's brutal response to non-violent protests at the ICE facility.
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