US Ninth Circuit Court of Appeals Rules Against Anti-ICE Protesters

Once again, two outstanding Trump appointees--this time Judges Ken Lee and Eric Tung--bring sanity to the once-insane 9th Circuit. https://t.co/2x0ItkFhe5

— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) April 28, 2026

… by judges Kenneth Lee, Eric Tung, "and Ana de Alba (dissent), reads as follows:

"The First Amendment does not protect vandalism, criminal trespass, or obstruction of law enforcement. Such unlawful acts, however, have been commonplace around the U.S. Immigration and Customs Enforcement (“ICE”) building in Portland over the past year."

Numerous provocateurs—many wielding bats, shields, and strobe lights that disrupt vision—have hurled bricks, smashed security cameras, and blocked the driveway to prevent ICE cars from entering or exiting the building. In response, the government has used tear gas, pepper balls, and other non-lethal munitions to disperse the crowd."

"Five plaintiffs sued the government, alleging that they are peaceful protesters who have been injured as a result of the crowd-control tactics. But they do not contend that they are collateral casualties caught in the crossfire—they claim that the government specifically targeted them in retaliation for exercising their First Amendment rights."

"The plaintiffs have not shown that the agents had the subjective intent to retaliate or that the government has an unwritten policy targeting them. Much of the evidence shows the government trying to clear the entrance to the ICE facility in the face of unrest and an unruly crowd. And while some individual incidents might indicate an arguably disproportionate use of force, they alone do not amount to an unwritten policy of retaliation."