Ninth Circuit Limits DHS Powers Over Journalist Protections
The Ninth Circuit court requires DHS to adjust its injunction limiting crowd-control warnings.
Why it matters: Legal professionals must navigate shifting guidelines on press protections, impacting law enforcement protocols at protests and legal strategies for civil rights cases.
- On April 1, 2026, Ninth Circuit ordered DHS to refine its journalist injunction.
- The court criticized DHS's failure to provide two crowd-control warnings.
- DHS actions at 2025 protests led to allegations of rights violations against journalists.
- Plaintiffs are pursuing class certification to extend protections.
The Ninth Circuit U.S. Court of Appeals, on April 1, 2026, mandated that the Department of Homeland Security (DHS) narrow its injunction concerning journalist protections. This decision modifies a previous order intended to restrain DHS activities perceived as targeting journalists during protests.
This court directive signals a stringent evaluation of DHS protocols linked to protests. A central point of the ruling pointed to DHS's inadequate procedure of providing two warnings prior to initiating crowd-control measures, particularly significant in contexts of protest where journalists report from the ground.
The injunction stems from incidents during June 2025 protests in Southern California, where DHS's engagements reportedly included pressuring journalists, resulting in a September 2025 ruling by Judge Hernán Vera from the Central District of California. Politico confirmed these measures were scrutinized as probable instances of excessive force against the press.
Evidence presented by plaintiffs suggested substantial infringement on journalists' First Amendment rights by DHS. Matthew Borden, the plaintiffs' counsel, emphasized efforts to obtain class certification, which could broaden the legal shield for journalists across more cases, tailoring the legal landscape for press freedoms amid national security concerns.