J. Doe v. United States Department of Homeland Security

Our client operates an anonymous Instagram account focused on helping people find and participate in events and protests and speak out about the issues that matter to them. They also create and repost content that reflects their moral and political views, their sense of humor, and their connections to the Long Beach community.
 
On September 2, 2025, our client reposted another user’s Instagram post that showed a Border Patrol agent conducting official government business in public, including the agent’s purported name and a statement that the officer should be “welcomed to the wall of shame.” In response, DHS issued an administrative subpoena to Meta (which owns Instagram) demanding the identity of our clients and other Instagram accounts that have posted about the ongoing ICE and Border Patrol raids in Los Angeles.

Our client has watched the government unfairly and illegally target and harm people whose speech it disfavors. The risk of being targeted in that way by the United States government is terrifying for our client.

The post itself, and the repost of the video, are constitutionally protected. The First Amendment protects the right to record police, publish their identities, and curate a social media feed, and to do so anonymously. On September 18, 2025, the ACLU Foundation of Northern California filed a Motion to Quash the administrative subpoena. We sought urgent intervention from the court to protect Doe’s fundamental Constitutional rights and prevent the government from trying to silence speech it does not favor.

VICTORY!

On September 24, 2025, in a victory for free speech online and the right to document government conduct, the Department of Homeland Security withdrew its subpoena to Meta. This victory protects not just our client, but also activists, organizers, and other everyday people documenting police and ICE activity in public. It sends a clear message that transparency in law enforcement plays an essential role when democracy and people’s safety are under attack.