A federal judge temporarily blocked the U.S. Department of Homeland Security from threatening or prosecuting a Rochester man over a heated email he sent admonishing the agency's former ICE director earlier this year.
In a 43-page ruling Sept. 15, U.S. District Judge Rudolph Contreras said federal officials likely infringed on David Streever's First Amendment right to free speech when they showed up on his doorstep with a warning notice this June. The notice threatened Streever with federal or state charges if he continued "criminal activity" that amounted to criticism of immigration policy.
"Mr. Streever's injury is the loss of his freedom to engage in political speech now because the threat of such an investigation or prosecution looms over him
like the sword of Damocles, and he is forced to self-censor under that threat," Contreras wrote.
In January, Streever sent an angry three-paragraph email to then acting ICE director Todd Lyons amid escalating immigration raids in Minneapolis. Streever compared Lyons to a sinister Nazi official and warned he would later be consumed with shame and guilt for his role in the Trump administration's immigration enforcement regime.
"The way you are protecting the obvious execution in Minnesota, even as we see the videos, will lead to your downfall," Streever wrote. "You will never know peace."
Five months later, ICE agents hand-delivered a warning notice to Streever's home ― then tracked him to a New York City hotel room when they learned he was on vacation. Streever sued the agency for harassment and free-speech violations.
At the time, DHS said agency officials were experiencing "coordinated campaigns of violence" and an increase in assaults, attacks and death threats. In court filings, the agency said the investigation into Streever's email was closed June 30. No charges have been filed.
Contreras affirmed federal officials have the right to investigate perceived threats, but said agents overstepped in this case.
"Americans have long voiced their displeasure with their government," the judge wrote. "The Declaration of Independence itself is a list of grievances between Americans and the British government. And Americans have not always indulged in the elevated prose of the Declaration. Government officials have long endured vehement, caustic, and sometimes unpleasantly sharp attacks. Today is no different."
Streever, who is being represented by the Foundation for Individual Rights and Expression, said in a statement he was "deeply relieved" by the ruling.
"The court affirmed what I knew all along," Streever said. "That I am permitted to speak my conscience in the United States of America, including when I criticize government officials."
— Kayla Canne covers community safety for the Democrat and Chronicle with a focus on immigration, police accountability, government surveillance and how people are impacted by violence. Follow her on Instagram @bykaylacanne. Get in touch at kcanne@gannett.com.
This article originally appeared on Rochester Democrat and Chronicle: Judge blocks DHS from pursuing Rochester man over email
