• Federal agencies like Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) have descended into utter lawlessness, most recently in Minnesota. • The violence is shocking. • So are the intrusions on digital rights. • For example, we have a First Amendment right to record on-duty police, including ICE and CBP, but federal agents are violating this right. • Indeed, Alex Pretti was exercising this right shortly before federal agents shot and killed him. • So were the many people who filmed agents shooting and killing Pretti and Renee Good - thereby creating valuable evidence that contradicts false claims by government leaders.
Article Summaries:
- The Electronic Frontier Foundation (EFF) is urging Congress to pass new legislation that would allow civilians to sue federal agents for constitutional violations, citing California’s Senate Bill 747 as a model. The organization points to the historical gap left by the absence of a federal equivalent to the 1871 42 U.S.C. § 1983, which lets citizens sue state officials. While the Supreme Court’s 1971 Bivens decision once provided a basis for damages against federal officers, recent rulings-including a 2022 rejection of a damages claim against a Border Patrol agent-have narrowed that remedy. EFF argues that without statutory authority, accountability for federal misconduct remains limited, undermining rule of law and digital rights.
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