Landmark Settlement Announced in Lawsuit Challenging Unlawful Questioning of Journalists at the Border, including Gallery Photographer Bing Guan

 Via ACLU

Landmark Settlement Announced in Lawsuit Challenging Unlawful Questioning of Journalists at the Border

The settlement comes after five journalists were unlawfully targeted for and questioned about their reporting near the U.S-Mexico border

In a win for freedom of the press, the American Civil Liberties Union, the New York Civil Liberties Union, ACLU of San Diego, and Covington & Burling LLP announced a settlement today in a federal lawsuit challenging the unlawful targeting and questioning of five photojournalists at the U.S.-Mexico border. The lawsuit, filed in November 2019 in federal court in the Eastern District of New York against U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE), claimed that border officials violated the journalists’ First Amendment rights. The journalists claimed that they were unconstitutionally targeted for secondary inspection, detention, and questioning by U.S. border officials on the basis of their reporting near the U.S.-Mexico border in 2018 and 2019. In March 2021, the district court denied the government’s motion to dismiss the case, holding that the plaintiffs had plausibly alleged that border officials violated their First Amendment rights. The case was settled in January 2026.

“The future of our democracy depends on the freedom of the press, now more than ever,” said plaintiff Bing Guan. “It’s clear the government’s actions were meant to instill fear in journalists like me, to cow us into standing down from reporting what is happening on the ground. After being targeted for doing just that, I am grateful for what our lawsuit has achieved in defending the rights of journalists to report free from government officials’ scrutiny.”

Full release here

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Letter from FIRE, NCAC, and ACLU of Texas to Fort Worth Police Department, February 19, 2025 Regarding Seized Sally Mann Photos

 Via Foundation for Individual Rights and Expression

February 19, 2025

Dear Chief Noakes:

The Foundation for Individual Rights and Expression (FIRE), the National Coalition Against
Censorship (NCAC), and the American Civil Liberties Union (ACLU) of Texas are deeply
concerned by the Fort Worth Police Department’s unconstitutional seizure and investigation
of artist Sally Mann’s photographs, which were on view at the Modern Art Museum of Fort
Worth.1 While some may find the images inappropriate, that does not strip them of the First
Amendment protection afforded to artistic expression. We therefore call on the Fort Worth
Police Department to uphold its binding obligations to defend the Constitution by ceasing its
investigation and returning the photographs.

--Click for full letter

"Fifty Years Defending Freedom"

Via Syndication

In 1962 a group of dedicated civil libertarians came together to form the ACLU of New Mexico to defend and extend our most basic freedoms. Much has changed since then, and the ACLU has been such an important part of our state’s progress.


In honor of their fiftieth year defending freedom in New Mexico, the ACLU has produced the below short film, “Fifty Years Defending Freedom”. In this 17 minute film, you will hear from some of the key people from the organization’s past and present speak about the values that drive the important work of the organization and the historic civil liberties victories they have won over the past half century.

 

 

 

Check-out some ACLU NM News here, including:
 

• ACLU Sues Border Patrol for Retaliating against Agent for Political Beliefs
• Marriage Is About Love, Commitment and Family—Not Discrimination
• VIDEO: Voter Suppression in Albuquerque
• “I won’t fill your birth control prescription.”
• Real ID is Dead. New Mexico IDs Will Continue to be Valid.

With the help of local supporters, the ACLU has grown from a tiny, all-volunteer organization to the largest, hardest-hitting civil liberties organization in the state. Today, the government knows that if they violate people’s rights, the ACLU WILL hold them accountable to the law.



Related: Steve Schapiro

Your rights as a photographer

Know Your Rights: Photographers
Via ACLU

When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view. That includes pictures of federal buildings, transportation facilities, and police. Such photography is a form of public oversight over the government and is important in a free society.

When you are on private property, the property owner may set rules about the taking of photographs. If you disobey the property owner’s rules, they can order you off their property (and have you arrested for trespassing if you do not comply).

Police officers may not generally confiscate or demand to view your photographs or video without a warrant. If you are arrested, the contents of your phone may be scrutinized by the police, although their constitutional power to do so remains unsettled. In addition, it is possible that courts may approve the seizure of a camera in some circumstances if police have a reasonable, good-faith belief that it contains evidence of a crime by someone other than the police themselves (it is unsettled whether they still need a warrant to view them).

Police may not delete your photographs or video under any circumstances.

Police officers may legitimately order citizens to cease activities that are truly interfering with legitimate law enforcement operations. Professional officers, however, realize that such operations are subject to public scrutiny, including by citizens photographing them.

Note that the right to photograph does not give you a right to break any other laws. For example, if you are trespassing to take photographs.

Full post here.

So long as we have enough people in this country willing to fight for their rights, we'll be called a democracy.

-- ACLU Founder Roger Baldwin


Related: Freedom of the Press?