# Judge rules DHS violated citizen's free speech rights > A federal judge found that ICE improperly intimidated a New York man for sending a critical email to the agency's director. - Title: Judge rules DHS violated citizen's free speech rights - Summary: A federal judge found that ICE improperly intimidated a New York man for sending a critical email to the agency's director. The court ruled that warning… - Keywords: department of homeland security, ice, first amendment, free speech, david streever, judge rudolph contreras, immigration enforcement, federal court, political speech, civil liberties, warning notice, todd lyons - Source: Newsweek — https://newsweek.com/judge-dhs-likely-violated-rights-us-citizen-anti-ice-email-12447959 - Published: 2026-09-16T09:34:30+00:00 - Read time: 3 min - Topics: department of homeland security, ice, first amendment, free speech, david streever, judge rudolph contreras, immigration enforcement, federal court, political speech, civil liberties, warning notice, todd lyons ## Judge finds DHS violated free speech A federal judge ruled that the Department of Homeland Security likely violated a U.S. citizen's First Amendment rights when ICE officials delivered a warning notice after he sent a critical email to the agency's director. ## The email that triggered the investigation David Streever, a New York citizen, sent an email on January 26 to then-Acting ICE Director Todd Lyons condemning him over ICE's handling of two killings in Minnesota, calling him a "monstrous human being" and comparing him to a Nazi. > You are a monstrous human being and will go down in history as America's Reinhard Heydrich, the butcher. ## ICE opened an investigation ICE's Office of Professional Responsibility opened an investigation after determining the email contained what officials described as "potential threatening undertones," even though the court later found it contained no threat of physical violence. ## Agents showed up at his home On June 23, two ICE agents went to Streever's home in Rochester, New York, and left a "WARNING NOTICE" with his wife, stating that his email might violate federal law and warning of potential prosecution. ## Agents tracked him across the country ICE agents later attempted to contact Streever while he was returning from a trip to Europe with his 7-year-old daughter, going to a hotel in New York City and leaving voicemail messages identifying themselves as federal agents. ## Judge found the notice chilled speech Judge Rudolph Contreras ruled that the warning notice went beyond a routine inquiry and could reasonably be viewed as a threat of adverse government action directed at protected speech, chilling a reasonable person's willingness to engage in political expression. > The Warning Notice demands that Mr. Streever discontinue his political speech and threatens consequences if he continues. ## The judge's key finding on rights Judge Contreras wrote that Streever has a right to express his political views through non-threatening speech, however degrading, and the notice likely infringed on that right by threatening consequences if he did not stop criticizing government officials. > Mr. Streever has a right to express his political views through non-threatening speech, however degrading the speech might be. ## DHS defended the investigation The Department of Homeland Security argued the warning was simply a reminder not to violate federal law and that the investigation had already been closed. DHS also cited a significant increase in threats against agency personnel as justification for investigating potential threats. ## DHS cited rising violence against agents A DHS spokesperson said ICE officers face coordinated campaigns of violence, citing a 1,300 percent increase in assaults, a 3,300 percent increase in vehicular attacks, and an 8,000 percent increase in death threats against agency personnel. ## Court issued preliminary injunction The judge ordered that DHS and ICE may not rely on the warning notice, may not use Streever's email as a basis for future prosecutions, and may not issue similar warnings suggesting non-threatening criticism is unlawful, while allowing future threat investigations. ## Streever's relief and broader impact Streever said he was deeply relieved the court affirmed his right to speak his conscience and criticize government officials, hoping the incident would remind people that the First Amendment protects everyone's political speech. > I am permitted to speak my conscience in the United States of America, including when I criticize government officials. ## Free speech advocates see precedent Adam Steinbaugh of the Foundation for Individual Rights and Expression said the ruling establishes precedent that telling someone their political speech may land them in handcuffs violates the First Amendment, helping others when officials try to intimidate them into silence. > The government has created a systematic means to intimidate critics into silence. ## Key takeaway The court ruled that warning notices threatening prosecution for non-threatening political speech violate the First Amendment, even when the government claims it's investigating potential threats.