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In a victory for free speech online and the right to document the government's conduct, the Department of Homeland Security has withdrawn a subpoena to Meta demanding the identities of multiple anonymous Instagram accounts that posted about ICE raids in Los Angeles, after ACLU NorCal challenged the subpoena in federal court.
In response to viral videos of masked ICE and Border Patrol agents snatching people off the streets and assaulting bystanders, DHS threatened to prosecute anyone who films and posts footage online of federal officers, which the agency claims constitutes “doxing” and illegal harassment, even though doing so is protected by the First Amendment.
DHS targeted anonymous Instagram users, including our client, who reposted a video showing a Border Patrol agent conducting official government business in public. In response, DHS issued an administrative subpoena to Meta seeking to unmask the users' identities—giving them just 10 days to hire lawyers and fight the subpoena in federal court.
“This isn’t just about one Instagram account. It’s about whether you can hold law enforcement accountable without them coming after you,” said Jake Snow, senior staff attorney at the ACLU of Northern California. “Recording police is legal. Sharing that recording is legal. Doing so anonymously is legal. And they are all protected by the First Amendment.”
Our client operates @LBProtest, an anonymous Instagram account focused on helping people find and participate in events and protests. They create and repost content that reflects their political views, and their connection to the Long Beach community. We filed a Motion to Quash the administrative subpoena on September 18, 2025, on behalf of our client.
“The government is unfairly–and illegally–targeting, arresting, and detaining people around the country whose speech it disfavors. The risk of being targeted in that way is terrifying,” said Chessie Thacher, senior staff attorney at the ACLU of Northern California. “This victory protects not just our client, but activists, organizers, and other everyday people documenting police and ICE activity in public.”
The First Amendment protects the right to record law enforcement while they perform their official duties in public, including video, audio, photography, and live-streaming. People have the constitutional right to identify law enforcement agents, including publishing their names and badge numbers. These protections extend to online spaces and platforms, including the right to share, repost, or retweet publicly-available content that identifies law enforcement or critiques their conduct, and to do so anonymously.
The DHS subpoena here is part of a broader strategy to intimidate people who document immigration activity or criticize government actions. Today’s victory sends a clear message that transparency in law enforcement plays an essential role when democracy and people’s safety are under attack.
