New amicus brief criticizes NSPM-7-authorized surveillance

On Aug. 25, Protect Democracy, along with Ciresi Conlin LLP, filed an amicus brief from prominent First Amendment and rule of law advocates — including the Foundation for Individual Rights and Expression (FIRE), Society for the Rule of Law, and the Cato Institute — on behalf of their respective organizations. 

The groups argue that the Trump administration has targeted the First Amendment expression of protesters, civil society, the free press, universities, and lawyers, and that the scale of the government’s assault on free expression has “not been seen since the Second Red Scare.” They also make the case that:

• NSPM-7 has directed Executive Branch agencies to target constitutionally protected activity and “treats left-leaning political viewpoints as indicia of domestic terrorism”;
• The prosecutions fit a broader, well-documented pattern of the administration using criminal investigations to retaliate against its perceived opponents, and; 
• Department of Homeland Security (DHS) weaponized NSPM-7 to surveil core First Amendment activity — infiltrating meetings, monitoring encrypted chats, and secretly seizing years of financial records from unions and nonprofits. This surveillance appears to have been based on disfavored political viewpoints in violation of the First Amendment.