As unrest continues in Portland, Oregon, a federal judge issued an order to prohibit federal law enforcement officers from arresting or using physical force against legal observers and journalists.
Judge Michael Simon issued a temporary restraining order on Thursday, which will remain in place for 14 days, while discussing the importance of a free press. He also said journalists are allowed to ignore dispersal orders from authorities.
Protests have erupted in Portland in recent days, demanding structural change toward racial inequality. The violence and unrest have prompted the Justice Department and Homeland Security to send federal agents to the scene to control the situation. Under the temporary order, they will only be allowed to arrest journalists or legal observers if there is probable cause they have committed a crime.
Over 40 people have been arrested by federal officers, and 26 have been federally charged.
Prosecutors wrote that the new order to protect journalists is “unworkable from a practical standpoint” because “it would require law enforcement officers responding to a violent situation threatening public safety to draw fine distinctions among a crowd based on who is wearing press identification badges and different colored hats, all under the threat of potential contempt.”
The order was partially inspired by videos submitted by news crews about their experiences on the ground, including when Portland’s Mayor Ted Wheeler was tear-gassed during an attempt to disperse a crowd on Wednesday.
The American Civil Liberties Union had also filed a suit against DHS and the U.S. Marshals Service, detailing several incidents of journalists being abused by authorities.
