In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated. In an authoritarian regime, that is not the case. Indeed, a democracy is only as strong as its tolerance for dissent. As Benjamin Franklin wrote:
Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins.
Our nation is now at a crossroads. We have been here before and have previously returned to the right path, notwithstanding an occasional detour. In helping our nation find its constitutional compass, an impartial and independent judiciary, operating under the rule of law, has a responsibility that it may not shirk.
So begins the 34-page decision and order by Judge Michael H. Simon, U.S. District for the district of Oregon, granting a preliminary restraining order restricting the use of chemical weapons against peaceful protesters near the ICE building in Portland, Oregon.
No Enjoined Person may direct or use chemical or projectile munitions, including but not limited to kinetic impact projectiles, pepper ball or paintball guns, tear gas or other chemical irritants, soft nose rounds, 40mm or 37mm launchers, less lethal shotguns, and flashbang, Stinger, or rubber ball grenades, unless the specific target of such a weapon or device poses an imminent threat of physical harm to a law enforcement officer or other person.
No Enjoined Person may fire any munitions or use any weapons described in subsection (a) at the head, neck, or torso of any person, unless the officer is legally justified in using deadly force against that person.
Other restrictions, and conditions under which such munitions can be used, are spelled out in a separate order of preliminary injunction.
The Portland Chicken in an AP photo included in the original legal complaint.
Plaintiffs in the case include two journalists, a couple in their 80s who were hit by various munitions while peacefully protesting, and the lead named plaintiff, Jack Dickinson, better known as the Portland Chicken. Dickinson’s has appeared at protests outside the ICE facility in a distinctive bright yellow chicken costume to which he owes his chicken identity.
It is the second such opinion in just a few days. On Friday, March 6, another federal judge ordered similar restrictions in a lawsuit brought by residents and owners of a low-income apartment complex across the street from the ICE building.
