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Posted on 11/10/2026 11:57:26 AM PST by CFW
PORTLAND, Ore. (KATU) — New federal appeals court rulings will change how protests and crowd control are handled around the Immigration and Customs Enforcement (ICE) building in south Portland, and what rights demonstrators, journalists and nearby residents hold under the law.
A panel of Ninth Circuit judges vacated major preliminary injunctions that previously barred federal officers’ use of non-lethal crowd-control measures like tear gas or pepper balls. It also applied strict limits on when and how they could deploy munitions near the Portland ICE facility.
In both decisions handed down Tuesday, the judges sided 2-1 with the Trump administration.
KATU has been following this unfolding legal battle, which began after a year of frequent and sometimes chaotic protests outside the facility.
[snip]
On appeal, the Ninth Circuit panel disagreed with several key points in the lower court’s ruling, saying that based on established legal precedent, officers do not need to wait for an imminent threat of physical harm before deploying non-lethal force to disperse disorderly crowds or restore order.
(Excerpt) Read more at katu.com ...
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The majority ruled that agents can use crowd-control weapons to restore order without facing an imminent threat of physical harm. It found insufficient evidence that agents deliberately targeted peaceful protesters or journalists for exercising their First Amendment rights.
The majority also found the restrictions too broad because they covered people beyond the five plaintiffs. It ruled that requiring more visible identifying markings on agents’ uniforms exceeded the district court’s authority.
Link to opinion:
https://cdn.ca9.uscourts.gov/datastore/opinions/2026/11/10/26-1609.pdf
Good. Time for water cannons. Perfect in the winter
NONE OF THIS IS A GAME OF “CAPTAIN, MAY I”?.
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