Judge Grants Preliminary Injunction in ACLU Case to Protect Journalists and Legal Observers Covering Protests

PORTLAND, Ore.—U.S. District Judge Michael Simon issued a preliminary injunction to block police in Portland from dispersing, arresting, threatening to arrest, or targeting journalists or legal observers at protests.

The court’s order included some non-exhaustive indicators that a person is a journalist, such as carrying a press pass or press badge, or wearing distinctive clothing that identifies the wearer as a member of the press. Legal observers included in the order can be identified by their green National Lawyers Guild hats or blue ACLU of Oregon vests. Police also cannot unlawfully seize any photographic equipment, audio- or video-recording equipment, or press passes from journalists and legal observers, or order journalists or legal observers to stop photographing, recording, or observing a protest.

Matthew Borden, partner at BraunHagey & Borden LLP and pro bono counsel for the ACLU Foundation of Oregon had the following comment:

“This injunction is a critical protection for journalists and legal observers exercising their fundamental right to record and observe police activities at these important protests. We are looking forward to fully and finally vindicating the rights of journalists and legal observers while this protection is in place.”

The preliminary injunction is online here.

The full case files are online here.