The Ninth Circuit Court of Appeals just dealt a blow to the anti-ICE protests that have been raging outside the Portland ICE facility for ages. In a three-panel decision, the court blocked a judge's order that prohibited federal officers from deploying crowd control munitions on those protesters.
Breaking: The US Ninth Circuit Court of Appeals has ruled against anti-ICE protesters, issuing another block against a judge's order prohibiting federal officers from deploying crowd control munitions on protesters at the Portland ICE facility.
— Katie Daviscourt 📸 (@KatieDaviscourt) April 28, 2026
The three-panel decision, issued… https://t.co/oOYebfId96 pic.twitter.com/1NKyhDpbVp
The entire post reads (emphasis added):
The three-panel decision, issued 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."
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The plaintiffs plan to introduce more evidence against ICE.
This is another stay pending appeal granted to the Trump DOJ as the plaintiffs prepare to enter what they say is more evidence against ICE to back their claims.
— Katie Daviscourt 📸 (@KatieDaviscourt) April 28, 2026
US Ninth Circuit Court of Appeals Opinion - Dickinson v Trump/DHS can be read here: https://t.co/yRJk1Zy9Xl
The lead plaintiff in the case is Jack Dickinson, known as the Portland Chicken.
The main plaintiff in this case is Jack Dickinson, also known as the Portland Chicken. I recently tried to interview him about his allegations, but he declined. pic.twitter.com/au4vnS1XrF
— Katie Daviscourt 📸 (@KatieDaviscourt) April 28, 2026
We wonder why he won't be interviewed.
And here's more from the ruling:
"In any event, the district court’s injunction is too broad. Under the injunction, the government cannot use common crowd-control tactics even if people vandalize federal property or block the entrance to the building to thwart law enforcement," it said. "But such unlawful activities are not protected by the First Amendment, and thus the district court erred in handcuffing the government’s ability to counter such illegal behavior. Finally, the district court acted beyond its authority in ordering a redesign of the ICE agents’ uniforms so that they have more “conspicuous and unique identifying markings.” Federal courts are not the couture of law enforcement officers."
The Oregon GOP praised the "common sense" ruling.
9th Circuit's common-sense ruling: "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 Customs Enforcement building in Portland over the past year." https://t.co/r7giI3W5Dw
— Oregon GOP (@Oregon_GOP) April 28, 2026
We'll bring you more updates as the case continues to work its way through the courts.
Editor’s Note: Democrat politicians and their radical supporters will do everything they can to interfere with and threaten ICE agents enforcing our immigration laws.
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