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Newspapers
v
DHS
—
TRO
regarding
Journalists
and
LegalObservers
—
INSTRUCTIONS
Judge
Simon
issued
a
Temporary
Restraining
Order
todayrestraining
DHS
enforcement
activities
relating
to
journalists
and
legal
observers.
Note
the
TRO
may
expire
in
14
days.
Your
attorneys
will
update
you
onany
changes
to
the
TRO
FAILURE
TO
COMPLY
WITH
ORDER
Failure
to
comply
with
the
restrictions
set
forth
in
theCourt’s
order
may
result
in
the
United
States,
or
you
personally,
beingheld
in
Contempt
of
Court.
A
finding
of
Contempt
of
Court
can
result
in
civil
or
criminal
penalties,to
includemonetary
fines
or
incarceration.
1
The
Federal
Defendants,
their
agents
and
employees,
and
all
persons
acting
under
their
direction
are
enjoined
from
arresting,
threatening
to
arrest
or
using
physical
forcedirectedagainst
any
person
whom
they
know
or
reasonablyshould
know
s
a
Journalist
or
Legal
Observer
as
explained
below ,
unless
the
Federal
Defendantshave
probable
cause
to
believe
that
such
individual
has
committed
a
crime.
For
purposes
this
Order,
such
persons
shall
not
be
required
to
disperse
following
the
issuance
of
an
order
to
disperse,
and
such
persons
shall
not
be
subject
toarrest
for
not
dispersing
following
the
issuance
an
order
to
disperse.
Such
persons
shall,
however remain
bound
by
all
otherlaws.
Meaning:
If
you
think
the
person
is
a
journalistor
legal
observer,
see
number
3
below
for
how
to
define
journalist
and
for
how
to
define
legal
observer ,
you
cannot
threaten
to
arrest
arrest
or
use
forceagainst
that
person
unless
you
have
probable
cause
that
the
individual
has
committed
acrime.
You
may
not
use
force
to
detain
them
for
questioning
unless
you
have
probablecause
sufficient
to
arrest
them.
You
should
exercise
maximum
caution
with
regard
to
all
journalists
and
legal
observers,
absent
strong
need
to
make
a
valid
arrest
Journalist
and
legal
observerscannot
be
arrested
for
failure
todisperse.Journalists
and
legal
observers
are
not
required
to
obey
a
command
to
disperse
and
you
may
also
not
order
journalist
r
legal
observer
to
disperse
from
an
areasubject
to
an
order
to
disperse
issued
to
others.
Use
of
physical
force
includes
the
use
of
crowd
control
devices
and
you
cannot
direct
any
crowd
control
devices
e.g.,
teargas,less-than-lethal
munitions
at
a
journalistor
legal
observer,
unless
there
is
probable
cause
to
arrest
them
for
a
crime
other
than
failure
todisperse.
2
The
Federal
Defendants,
their
agents
and
employees,
and
all
persons
acting
under
their
directionarefurther
enjoined
from
seizing
any
photographic
equipment,
audio-
or
video
recording
equipment,
orpress
passes
from
any
person
whom
they
know
r
reasonably
should
know
s
a
Journalistor
Legal
Observer
as
explained
below ,
or
ordering
such
person
to
stop
photographing,
recording,
or
observing
a
protest,
unless
the
Federal
Defendants
are
also
lawfully
seizing
that
person
consistent
with
this
Order.
Except
as
expressly
provided
in
Paragraph3
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below,
the
Federal
Defendants
must
return
any
seized
equipment
or
press
passes
immediately
upon
release
of
a
person
from
custody.
Meaning:
Do
not
stop
anyone
from
taking
pictures/video
of
you
anddo
not
seize
their
equipment.
If
you
arrest
thejournalist
for
a
crime
other
than
failure
to
disperse,
then
you
may
seize
their
equipment
BUT
the
equipment
must
be
releasedwhen
they
are
released
unless
paragraph3
applies.
If
any
Federal
Defendant,
their
agent
or
employee
or
any
person
acting
under
their
directionseize
property
from
aJournalistor
Legal
Observer
who
is
lawfully
arrested
consistent
with
this
Order,
such
Federal
Defendantshall,
as
soon
thereafter
as
is
reasonably
possible,
make
awritten
list
ofthings
seized
and
shall
provide
a
copy
of
that
list
to
theJournalist
or
Legal
Observer.
If
equipment
seized
in
connection
withan
arrest
of
aJournalist
or
Legal
Observer
lawfully
seized
under
this
Order
is
needed
for
evidentiary
purposes,
the
Federal
Defendants
shall
promptly
seek
a
search
warrant,
subpoena,
or
other
court
order
for
that
purpose.
If
such
a
search
warrant,
subpoena,
or
other
court
order
is
denied,
or
equipment
seized
in
connection
with
arrest
is
not
needed
for
evidentiarypurposes,
the
Federal
Defendants
shall
immediately
return
it
to
its
rightful
possessor.
Meaning:
If
you
arrest
a
journalistor
legal
observer,
you
must
make
a
list
o
all
thingsseized
and
provide
copy
of
the
list
tothejournalist
or
legal
observer.
You
must
get
a
warrant,
subpoena,
or
other
court
order
to
search
or
seize
as
evidence
any
equipment
seized
incident
to
arrest
from
thejournalist
or
legal
observer.
If
denied,
the
equipment
must
be
returned
promptly.
4
To
facilitate
the
Federal
Defendants identification
of
Journalists
protected
under
this
Order,
the
following
shall
be
considered
indicia
of
being
a
Journalist:
visual
identification
as
a
member
of
the
press
such
as
y
carrying
a
professional
or
authorized
press
pass
or
wearing
a
professional
or
authorized
press
badge
or
other
official
press
credentialsor
distinctive
clothing
that
identifies
the
wearer
as
a
member
of
the
press.
These
indicia
are
not
exclusive,
and
a
person
need
not
exhibit
every
indicium
to
be
considered
a
Journalist
under
this
Order.
The
Federal
Defendants
shall
not
be
liable
for
unintentional
violations
of
this
Order
in
the
case
of
an
individual
who
does
not
carry
or
wear
a
press
pass
badge,
or
other
official
press
credentialor
distinctive
clothing
thatidentifies
the
wearer
as
a
member
of
the
press.
Meaning:
The
journalist
must
be
wearingone
ofthese
indications:
press
pass,
press
badge,
or
a
shirt
that
says
“press.”
The
person
does
not
need
all
of
them
but
just
one.
If
the
person
does
not
have
at
least
one
of
these
indicators,
then
you
may
treat
them
as
a
normal
protestor
while
dispersing
the
crowd.
5
To
facilitate
the
FederalDefendants’
identification
of
Legal
Observers
protected
under
this
Order,
the
following
shall
be
considered
indiciaof
being
a
Legal
Observer:
wearing
a
green
National
Lawyers
Guild-issued
or
authorized
Legal
Observer
hat
typically
a
green
NLG
hat)
or
wearing
a
blue
ACLU issued
or
authorized
Legal
Observer
vest.
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Meaning
LegalObservers
must
have
a
National
Lawyers’Guild
green
hatora
blue
LU
Legal
Observer
vest.
Even
though
theorder
is
specifictojust
these
two
organizations
if
individuals
have
other
indiciaof
Legal
Observer theyshould
treated
as
such.
If
the
person
does
not
have
at
least
one
of
these
indicators
then
you
may
treatthem
as
a
normal
protestorwhile
dispersing
the
crowd.
The
Federal
Defendants
are
not
precluded
by
the
Order
from
issuing
otherwise
lawfulcrowd dispersal
orders
for
a
variety
of
lawful
reasons.
The
Federal
Defendants
shall
not
be
liable
for
violating
this
injunction
if
a
Journalistor
Legal
Observer
is
incidentally
exposed
to
crowd control
devices
after
remaining
in
the
area
where
such
devices
were
deployed
after
the
issuance
of
an
otherwiselawful
dispersalorder.
Meaning
If
a
journalist
or
legal
observer
is
incidentally
exposed
to
crowd control
devices
after
remaining
in
the
area
you
will
not
held
liable
But
before
usingcrowd control
devices
you
must
issue
an
order
to
disperse.
You
may
only
issue
an
order
to
disperse
if
it
is
lawful
to
do
so.
Incidentally
means
that
the
journalistsor
legal
observers
while
not
thetarget
ofthe
crowd
control
devices
still
endup
being
exposed
tothe
crowd control
devices
because
of
where
they
are
located.
You
may
not
deliberately
direct
crowd control
devices
at
or
near
journalistsor
legal
observers
for
the
purpose
of
dispersing
them
from
an
areasubject
to
an
order
to
disperse
issued
to
others.
Physical
force
including
crowd control
devices
cannot
be
directed
at
Journalists
and
LegalObservers
unless
there
is
probablecause
that
they
have
committed
a
crime.
The
Court’sorder
does
not
authorize
Journalists
and
Legal
Observers
special
access
to
non public
areasof
federal
property
such
inside
the
perimeter
of
the
fence
protecting
the
HatfieldCourthouse
or
inside
the
Courthouse
itself
after
non business
hours.
Again
if
the
person
does
not
have
at
least
one
indicator
that
they
are
a
journalist
or
legal
observer
then
you
may
treatthem
as
a
normal
protestor
while
dispersing
the
crowd.
As
always
if
you
think
you
are
dealing
with
a
mixed
crowd
of
subjects
and
peaceful
protestors
you
should
always
consider
theforeseeability
of
the
risk
to
peaceful
protestors
when
using
force.