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Index Newspapers v DHS — TROregarding Journalists and Legal Observers —

INSTRUCTIONS

Judge Simonissued a Temporary Restraining Ordertodayrestraining DHS enforcement

activities relating to journalists and legal observers.

Note the TRO mayexpire in 14 days. Yourattorneys will update you on any changesto the
TRO.

FAILURE TO COMPLY WITH ORDER:Failure to comply with therestrictions set forth

in the Court’s order mayresult in the United States, or you personally, being held in
Contemptof Court. A finding of Contempt of Court canresult in civil or criminal
penalties, to include monetaryfines or incarceration.

1. The Federal Defendants, their agents and employees, and all persons acting under
their direction are enjoined from arresting, threateningto arrest, or using physical force directed
against any person whom they knowor reasonably should knowis a Journalist or Legal Observer
(as explained below), unless the Federal Defendants have probablecauseto believe that such
individual has committed a crime. For purposes ofthis Order, such personsshall not be required
to disperse following the issuanceof an orderto disperse, and suchpersonsshall notbe subject
to arrest for not dispersing following the issuance ofan order to disperse. Such personsshall,
however, remain boundbyall other laws.

Meaning: If you think the person is a journalist or legal observer, (see number 3 below for how
to define journalist and 4 for howto define legal observer), you cannotthreatentoarrest, arrest,
or use force against that person unless you have probablecause that the individual has committed
acrime. You maynotuse force to detain them for questioning unless you have probable cause
sufficient to arrest them. You should exercise maximum caution withregardtoall journalists
andlegal observers,absenta strong need to makea valid arrest.

Journalist and legal observers cannotbe arrested for failure to disperse. Journalists and legal
observers are not required to obey a commandto disperse and you mayalsonot ordera journalist
orlegal observerto disperse from an area subject to an orderto disperseissued to others.
Useof physical force includes the use of crowd controldevices and you cannotdirect any crowd
control devices(e.g., tear gas, less-than-lethal munitions) at a journalist or legal observer, unless
there is probable causeto arrest them for a crimeotherthan failure to disperse.

2. The Federal Defendants, their agents and employees,and all personsacting under
their direction are further enjoined from seizing any photographic equipment, audio- or video
recording equipment, or press passes from any person whom they know orreasonably should
knowis a Journalist or Legal Observer (as explained below), or ordering such person to stop
photographing, recording,or observing a protest, unless the Federal Defendantsare also lawfully
seizing that person consistent with this Order. Except as expressly provided in Paragraph 3
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below,the Federal Defendants must return any seized equipmentorpress passes immediately
uponrelease of a person from custody.

Meaning: Donotstop anyonefrom taking pictures/video of you and do notseize their

equipment. If you arrest the journalist for a crime otherthan failure to disperse, then you may
seize their equipment BUT the equipment mustbe released whentheyare released unless
paragraph 3 applies.

3. If any Federal Defendant, their agent or employee, or any person acting under
their direction seize property from a Journalist or Legal Observer whois lawfully arrested
consistent with this Order, such Federal Defendantshall, as soonthereafter as is reasonably
possible, make a written list of things seized and shall provide a copyofthatlist to the Journalist
or Legal Observer. If equipmentseized in connection with an arrestof a Journalist or Legal
Observerlawfully seized underthis Order is needed for evidentiary purposes, the Federal
Defendants shall promptly seek a search warrant, subpoena,orother court order for that purpose.
If such a search warrant, subpoena,or othercourt orderis denied, or equipmentseized in
connection with anarrest is not neededfor evidentiary purposes, the Federal Defendants shall
immediately returnitto its rightful possessor.

Meaning: If you arrest a journalist or legal observer, you must makea list ofall things seized
andprovidea copyofthelist to the journalist or legal observer. You must get a warrant,
subpoena,or othercourt order to searchor seize as evidence any equipmentseized incident to
arrest from the journalist or legal observer. If denied, the equipment mustbe returned promptly.

4. To facilitate the Federal Defendants'identification of Journalists protected under

this Order, the following shall be consideredindicia of being a Journalist: visual identification as
a memberofthepress, such as bycarrying a professional or authorized press pass or wearing a
professionalor authorized press badge or otherofficial press credentials or distinctive clothing
that identifies the wearer as a memberofthe press. Theseindicia are not exclusive, and a person
need not exhibit every indicium to be considered a Journalist under this Order. The Federal
Defendants shall not be liable for unintentional violations of this Order in the case of an
individual who doesnotcarry or weara presspass, badge,orother official press credential or
distinctive clothing that identifies the wearer as a memberofthe press.

Meaning: Thejournalist must be wearing one of these indications: press pass, press badge,or a
shirt that says “press.” The person doesnotneed all of them butjust one.

If the person doesnot haveatleast oneofthese indicators, then you maytreat them as a normal
protestor while dispersing the crowd.

5. Tofacilitate the Federal Defendants’ identification of Legal Observersprotected

underthis Order, the following shall be considered indicia of being a Legal Observer: wearing a
green National Lawyers' Guild-issued or authorized Legal Observerhat(typically a green NLG
hat) or wearing a blue ACLU-issued or authorized Legal Observervest.
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Meaning: Legal Observers must have a National Lawyers’ Guild green hat or a blue ACLU
Legal Observer vest. Even thoughtheorderis specific to just these two organizations,if
individuals haveother indicia of Legal Observer, they should betreated as such. If the person
doesnot haveatleast one of these indicators, then you maytreat them as a normalprotestor
while dispersing the crowd.

6. The Federal Defendantsare not precluded by the Order from issuing otherwise
lawful crowd-dispersalorders for a variety of lawful reasons. The Federal Defendants shall not
be liable for violating this injunction if a Journalist or Legal Observeris incidentally exposed to
crowd-control devicesafter remaining in the area where such devices were deployedafter the
issuanceof an otherwise lawful dispersal order.

Meaning: If a journalist or legal observeris incidentally exposed to crowd-control devices after

remainingin the area, you will not held liable. But, before using crowd-control devices, you
mustissue an order to disperse. You mayonlyissue an orderto disperseif it is lawful to do so.

Incidentally meansthat the journalists or legal observers, while not the target of the crowd-
control devices,still end up being exposed to the crowd-control devices because of where they
are located. You maynotdeliberately direct crowd-control devicesat or near journalists or legal
observers for the purposeof dispersing them from an area subject to an orderto disperse issued
to others.

Physical force, including crowd-control devices, cannot be directed at Journalists and Legal
Observers unless there is probable cause that they have committed a crime. The Court’s order
doesnot authorize Journalists and Legal Observersspecial access to non-public areas of federal
property, such asinside the perimeter of the fence protecting the Hatfield Courthouseorinside
the Courthouseitself after non-business hours.

Again,if the person does nothaveat least oneindicator that they are a journalist or legal
observer, then you maytreat them as a normalprotestor while dispersing the crowd. As always,
if you think youare dealing with a mixed crowdofsubjects and peaceful protestors, you should
alwaysconsider the foreseeability of the risk to peaceful protestors whenusing force.