The New England First Amendment Coalition joined a national effort today to bar federal agents from using excessive force against journalists.
In an amicus brief — drafted by the Reporters Committee for Freedom of the Press — NEFAC and 23 news and media organizations supported a lawsuit that seeks to ban agents in Minnesota from using arrest and indiscriminate force against protesters and observers of federal immigration enforcement operations in the state.
According to the April 13 brief filed in Tincher v. Mullin:
“When the government unleashes crowd-control tactics and tools indiscriminately on persons observing police conduct in public spaces, who are not participating in any violent unrest, such steps can have an extraordinary chilling effect on constitutionally protected newsgathering and, consequently, on the public’s access to reporting on matters of public concern.”
The case began in December 2025 when a group of community members in Minnesota filed a class-action lawsuit alleging that the federal government violated their First and Fourth Amendment rights. The plaintiffs sought a preliminary injunction barring federal agents from engaging in unconstitutional conduct such as the improper use of chemical irritants, rubber bullets, and other crowd-control tactics.
The U.S. District Court for the District of Minnesota largely granted the preliminary injunction. After the government announced the conclusion of “Operation Metro Surge” in February, the preliminary injunction was dissolved, and the government filed a motion to dismiss the lawsuit entirely. The plaintiffs opposed.
In their brief, NEFAC and fellow amici argued that:
• The First Amendment protects the right to observe and report the news.
• Reporting on protest activity and police response can be dangerous, and the excessive or indiscriminate use of force against journalists can chill news reporting on matters of public concern.
NEFAC is the region’s leading defender of First Amendment freedoms and the public’s right to know about government. You can learn more about our advocacy here and explore all our legal briefing and policy letters here.
NEFAC is the region’s leading defender of the First Amendment and open government. The coalition began 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 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, the Academy of New England Journalists, and Truro News.