Prosecution of protected speech
Prosecution of protected speech is the use of criminal law to punish expression the First Amendment protects. Concrete forms include charges for "incitement" applied to speech that does not meet the imminent-lawless-action standard, the use of vague disorderly-conduct statutes against speakers at public events, charges for symbolic acts protected as expression, and the prosecution of officials' critics under loosely defined harassment or threat statutes. Genuinely unprotected speech — true threats, fighting words, incitement properly defined — is a separate matter; the publication tracks cases where the prosecution itself is the problem.
Documented entries (10)
2026
DHS agents entered Syracuse polling place, threatened election worker over Instagram post naming officer who fatally shot protester Renée Good
On June 24, 2026, two DHS/ICE agents arrived at Syracuse Central Library — an active polling place during the city's primary election — and confronted elections inspector Paigelynne Gonyea over a January 2026 Instagram post in which she named the ICE officer who fatally shot anti-ICE protester Renée Good. Agents handed Gonyea a form letter warning her she "may be in violation of federal law" for the post, which was based on a published Minneapolis Star Tribune investigation, and pressured her to delete it. Gonyea refused.
U.S. Attorney charges 15 Minnesota anti-ICE protesters as 'antifa,' invoking Trump's domestic-terrorist executive order
On June 16, 2026, U.S. Attorney Daniel Rosen and HSI Special Agent in Charge Michael McCarthy announced federal conspiracy charges against 15 members of Direct Action Minnesota (DAMN), framing them as "antifa" and explicitly tying the case to President Trump's September 2025 executive order designating antifa a domestic-terrorist organization. The lead charge — conspiracy to impede or injure a federal officer — rested substantially on protest-organizing conduct including Signal communications, training sessions, and surveillance of federal vehicles. The announcement came days after DOJ dropped more than a third of its earlier Metro Surge assault cases for prosecutorial misconduct, with one judge barring re-prosecution to prevent "prosecutorial harassment."
Federal prosecutors drop all charges against Chicago 'Broadview Six' over grand jury misconduct
On May 21, 2026, the U.S. Attorney for the Northern District of Illinois moved in open court to dismiss with prejudice all remaining charges against the "Broadview Six" — protesters criminally charged over a September 2025 demonstration outside the Broadview ICE facility — after his office acknowledged misconduct in the grand jury proceedings that produced the indictment. Defense counsel said the transcripts showed prosecutors improperly vouched for evidence, concealed that an initial grand jury had refused to indict, re-presented the case after excluding grand jurors who disagreed, and redacted transcript pages without telling the court. U.S. District Judge April Perry, who reviewed the transcripts, said she had never in her career seen prosecutorial conduct as bad, and signaled a possible separate hearing on sanctions.
HSI conducts pre-dawn home raids on volunteers of Ventura County ICE-watch group VC Defensa
Before dawn on May 13, 2026, Homeland Security Investigations agents executed search warrants at the homes of volunteers of VC Defensa, a Ventura County, California immigrant-rights coalition that patrols neighborhoods to alert residents to ICE operations. Agents searched multiple locations, seized electronic devices, and briefly detained at least two volunteers, who were released the same day. The group's attorney called the operation "completely unconstitutional" and an intimidation tactic against protected organizing and said VC Defensa will sue; DHS said the warrants were part of an "ongoing investigation" and cited prior arrests of unnamed members, though no charges have been filed in connection with the searches.
Federal grand jury indicts ex-FBI Director James Comey a second time over '86 47' post
A federal grand jury in the Eastern District of North Carolina indicted former FBI Director James Comey on April 28, 2026, on two counts arising from a May 2025 Instagram post of seashells arranged to read "86 47," which the Justice Department casts as a death threat against President Trump. The charges follow the 2025 collapse of an earlier DOJ case against Comey and the dismissal weeks earlier of Attorney General Pam Bondi, whom Trump faulted for not pursuing his agenda aggressively enough.
DOJ charges 30 more over anti-ICE Minnesota church protest, bringing total to 39 defendants
On February 27, 2026, the U.S. Justice Department unsealed a superseding indictment in the U.S. District Court for the District of Minnesota charging 30 additional people — bringing the total to 39 — over the January 18 anti-ICE protest at Cities Church in St. Paul. All 39 are charged under place-of-worship civil-rights statutes, including the Freedom of Access to Clinic Entrances (FACE) Act, with conspiring to interfere with and interfering with the free exercise of religion; the defendants include independent journalists Don Lemon and Georgia Fort, who say they were covering the protest as reporters. Attorney General Pam Bondi announced that 25 of the 30 newly charged had been arrested, even though a magistrate judge had earlier found no probable cause to arrest several defendants, including the journalists.
Rep. Omar's silent State of the Union guest forcibly removed, injured, and charged
During President Trump's State of the Union address on February 24, 2026, Aliya Rahman — a Minneapolis software engineer attending as Rep. Ilhan Omar's invited guest — stood silently in the House gallery and was forcibly removed by U.S. Capitol Police after declining to sit. Rahman, who had disclosed injured shoulders and is autistic with a traumatic brain injury, was aggressively handled, required treatment at George Washington University Hospital, and was booked and charged with "Unlawful Conduct," a misdemeanor carrying up to six months. Rep. Omar condemned the response as a heavy-handed, chilling reaction to peaceful expression and demanded a full explanation.
DOJ and FBI arrest anti-ICE church-protest organizers under FACE Act and conspiracy statute
On January 22, 2026, Attorney General Pam Bondi and FBI Director Kash Patel announced federal charges against Minneapolis civil-rights organizer Nekima Levy Armstrong, St. Paul school-board member Chauntyll Allen, and others over a January 18 anti-ICE demonstration inside Cities Church in St. Paul, where one pastor also directs the local ICE field office. The activists were charged under the Freedom of Access to Clinic Entrances (FACE) Act and 18 U.S.C. § 241 (conspiracy against rights); Levy Armstrong was processed and released the same day after a federal magistrate found insufficient evidence to detain her. These were the first arrests in a prosecution that a February 27 superseding indictment would expand to 39 defendants.
2025
Trump signs NSPM-7 directing DOJ and FBI to investigate political beliefs as domestic terrorism indicators
On September 25, 2025, President Trump signed National Security Presidential Memorandum 7 (NSPM-7), directing the Department of Justice, FBI, and Joint Terrorism Task Forces to investigate and disrupt individuals based on political speech and ideology—designating "anti-Christian," "anti-American," and "anti-capitalist" beliefs as domestic terrorism indicators. The directive authorized pre-crime investigation of citizens before any violent act occurs and directed the IRS and Treasury to trace funding of target organizations. FBI Director Kash Patel publicly pledged to pursue political targets "like the domestic terrorists that they are."
Trump signed EO 14341 directing AG to prosecute flag burning despite Supreme Court rulings protecting it as free speech
President Trump signed Executive Order 14341 on August 25, 2025, directing the Attorney General to prioritize prosecution of flag burning under any available criminal or civil law, despite Supreme Court rulings in Texas v. Johnson (1989) and United States v. Eichman (1990) holding that flag desecration is constitutionally protected political speech. The order explicitly acknowledges the Supreme Court precedent but instructs the AG to pursue prosecution using content-neutral laws as a workaround and to litigate to narrow First Amendment protections. The order also directs immigration officials to deny or revoke visas and naturalization for foreign nationals who burn the American flag.