ACLU Comment on Trump Admin Anti-Semitic Declarations

WASHINGTON – Today, the American Civil Liberties Union (ACLU), the ACLU of D.C., and the National Press Photographers Association filed an amicus brief in support of a Minnesota photojournalist’s lawsuit challenging the Federal Aviation Administration's (FAA) Temporary Flight Restrictions (TFR). Earlier this year, as ICE was carrying out brutal immigration raids across the country, the FAA dramatically expanded restrictions on drone flights, banning such flights over any Department of Homeland Security (DHS) facility or “mobile asset,” which included any DHS vehicle. As the amicus explains, the TFR made it functionally impossible for journalists to use drones to gather news in any area where immigration enforcement agents were deployed, violating the First Amendment right to record public officials performing their duties in public. “The FAA’s restriction forced journalists reporting on immigration enforcement activity to ground their drones or risk criminal charges. This choice is unacceptable, unconstitutional, and runs roughshod over the First Amendment right to gather news,” said Scarlet Kim, senior staff attorney with ACLU’s Speech, Privacy, and Technology Project. The brief explains that the FAA’s restriction was not about public safety or national security. Journalists were previously already advised and generally adhered to avoiding airspace around sensitive locations, such as active military bases, airports, and aircraft carriers. Moreover, press drones weren’t interfering with official activity or putting anyone at risk by capturing immigration enforcement activity unfolding in public. "Under Trump, even the Federal Aviation Administration has become a political censor,” said Arthur Spitzer, senior counsel at ACLU-D.C. “The agency should be protecting the safety of the flying public, not protecting ICE from unfavorable news coverage.” The brief further explains that journalists were effectively being censored beyond their DHS coverage, since the unpredictability of where any DHS vehicle may be traveling made it functionally impossible for journalists to use drones for any newsgathering in areas where immigration enforcement agents were deployed without putting themselves at risk of severe legal and financial penalties. “Drones have become essential, safe, and economical tools for documenting government activity and other matters of public concern. By creating an unpredictable moving exclusion zone around DHS assets, the FAA forced visual journalists to choose between abandoning lawful newsgathering and risking severe penalties,” said Mickey H. Osterreicher, general counsel for the National Press Photographers Association. “Safety restrictions must be narrowly tailored and consistent with the First Amendment, especially when they limit the public’s ability to observe government officials performing their duties.”

On September 4, 2026, the ACLU, ACLU of D.C. and the National Press Photographers Association filed an amicus brief to urge the court to block airspace restrictions on drone flights, banning such flights over any Department of Homeland Security (DHS) facility or “mobile asset,” which includes any DHS vehicle.

Tennessee's execution policies prevent the press from witnessing critical stages before and after a state execution. However, the public needs to know how they work—or don't work—to participate in informed public debate. The ACLU's State Supreme Court Initiative, alongside the ACLU of Tennessee, filed an amicus brief explaining why a provision in the Tennessee Constitution that guarantees access to government proceedings requires greater press access to executions.

BREWER, Maine — In a victory for free speech, Amanda McGonigle, creator of the social media accounts @CatsOnACouch, was allowed to attend Vice President Vance’s official speaking engagement in Brewer, Maine today. McGonigle entered without interference after the ACLU and ACLU of Maine filed a motion for a preliminary injunction to allow her to attend future official vice-presidential events. The government agreed she could attend the event today in Maine, just like any other member of the public who registered. Given this agreement, the court denied the motion, and McGonigle successfully attended today’s event. “I was just allowed entrance into Vice President Vance’s event after I sued the government for preventing me from entering the last public event he did in Maine," said Amanda McGonigle. “The government can’t exclude me from official vice-presidential events otherwise open to the public just because I mock people in positions of power on the internet. I have as much right to attend these events as people who haven't called out the vice president for having the charisma of a soggy unsalted rice cake online.” The filing comes after McGonigle registered to attend a vice-presidential event in Maine in May and complied with all advance guest guidance provided by the Executive Office of the President. While in line for the event, armed Secret Service agents and other government officials identified her in the line and told her she wasn’t allowed in because “we know where you stand.” She was also denied guest details to attend an event that was open for registration by the public in Des Moines, Iowa. “The First Amendment protects Amanda’s right to attend public vice-presidential events just like anyone else, no matter how many cat jokes she makes at the vice president’s expense,” said Anahita Sotoohi, staff attorney with the American Civil Liberties Union of Maine. “It’s unfortunate that Amanda had to file a lawsuit to vindicate this right, but we are glad to see the federal government finally acknowledge and respect her right to attend the Brewer event. Amanda should also be able to attend similar events in the future. No matter who is in power, the Constitution protects every person’s right to publicly joke, mock, insult, and dissent.” McGonigle filed suit earlier this summer to challenge the government’s retaliation and viewpoint-based discrimination against her. McGonigle claimed that she was excluded from the May event in Bangor, Maine, and another event in Des Moines, because of commentary she posts on her social media accounts, which are dedicated to criticizing the Vice President. She launched her @CatsOnACouch accounts after Vice President Vance’s infamous “childless cat lady” comment in 2024, and she says the purpose of the account is “to have more followers than JD Vance by the time he leaves office and to troll him mercilessly every single day.” “The government cannot prohibit people from attending vice-presidential events on the basis of their protected speech,” said Laura Moraff, staff attorney with the American Civil Liberties Union. “We’re glad the federal government recognized that Amanda has the right to attend today's Brewer event just like everyone else who registered, and we hope the government continues to stand down and not interfere with our client’s right to criticize and joke.” The American Civil Liberties Union and the ACLU of Maine filed the suit on behalf of McGonigle in the U.S. District Court for the District of Maine in early July. The complaint alleges that McGonigle’s First Amendment rights were violated when she was excluded from vice presidential events because of her speech and political views.