The New England First Amendment Coalition joined national partners today to denounce the indiscriminate use of force by federal agents against journalists covering protests.
NEFAC and 44 news organizations filed an amicus brief — drafted by the Reporters Committee for Freedom of the Press — in Los Angeles Press Club v. Noem, a case before the U.S. Court of Appeals for the Ninth Circuit.
The case is focused on immigration raids in Southern California in the summer of 2025 when federal law enforcement officers indiscriminately used tear gas, rubber bullets, and smoke bombs to control crowds of protesters, repeatedly hitting journalists as they reported on the demonstrations. Media organizations filed a lawsuit seeking to enjoin the U.S. Department of Homeland Security from using such excessive force, arguing that the federal government’s actions violated their First Amendment rights.
In their November 25 brief, NEFAC and fellow amici argued that:
• The indiscriminate use of crowd-control tactics chills reporting on matters of public concern and undermines the public’s right to know.
• Under any framework, the indiscriminate use of crowd-control tactics against journalists covering protests violates the First Amendment.
“The predictable result of the use of indiscriminate crowd-control techniques is to prevent journalists from providing fulsome coverage of newsworthy events,” they wrote in their brief. “Journalists cannot do their jobs when they cannot open their eyes because they have been exposed to tear gas, when they must take cover from projectiles, or when they must leave the scene to seek treatment for injuries inflicted by law enforcement.”
NEFAC is the region’s leading advocate for First Amendment freedoms and the public’s right to know about government. Learn more about the coalition’s work and read its recent advocacy.
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC appreciates the support of all its donors and contributors. In particular, we would like to recognize the Estate of Gloria L. Negri, the John S. and James L. Knight Foundation and the following Leadership Circle donors: Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work include Hearst Connecticut Media Group, Boston University and the Academy of New England Journalists.