SAN FRANCISCO, CA – In what the ACLU of Northern California calls a major win for online free speech and the right to document government conduct, the Department of Homeland Security has withdrawn a subpoena to Meta that sought to unmask anonymous Instagram users who posted videos of recent ICE raids in Los Angeles. The withdrawal came after the ACLU filed a federal court challenge arguing the subpoena violated the First Amendment.
According to the ACLU’s statement, the subpoena followed viral videos depicting “masked ICE and Border Patrol agents snatching people off the streets and assaulting bystanders.” DHS asserted that posting the footage constituted “doxing” and harassment of federal agents, despite the fact that recording and posting law enforcement activity in public is legally protected.
“This isn’t just about one Instagram account. It’s about whether you can hold law enforcement accountable without them coming after you,” said Jake Snow, senior staff attorney at the ACLU of Northern California. Snow added, “Recording police is legal. Sharing that recording is legal. Doing so anonymously is legal. And they are all protected by the First Amendment.”
The subpoena sought to unmask the identities of several Instagram users, including the operator of @LBProtest, one of the accounts that reposted a video showing a Border Patrol agent performing official duties in public. DHS gave those targeted only 10 days to hire legal representation and fight the request in federal court.
The ACLU filed a Motion to Quash the subpoena on Sept. 18, 2025, arguing DHS was unlawfully targeting individuals whose speech it dislikes. The ACLU reports the operator of @LBProtest uses the account to help people locate and attend community events and protests and regularly posts political commentary and content connected to Long Beach.
“The government is unfairly — and illegally — targeting, arresting, and detaining people around the country whose speech it disfavors. The risk of being targeted in that way is terrifying,” said Chessie Thacher, senior staff attorney at the ACLU of Northern California. “This victory protects not just our client, but activists, organizers, and other everyday people documenting police and ICE activity in public.”
The ACLU emphasized that the First Amendment protects the right to record law enforcement performing official duties in public settings, including photos, video, livestreaming and audio. It also protects the right to publish identifying information about law enforcement, such as badge numbers or names, when captured in the course of public duties.
These constitutional protections apply both offline and online, including the right to repost, share or amplify publicly available content and to do so anonymously. The ACLU wrote that the reversed subpoena fits into “a broader strategy to intimidate people who document immigration activity or criticize government actions.”
According to the organization, the outcome of the case demonstrates that the public has a right to transparency in policing, especially at a time when “democracy and people’s safety are under attack.”
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