Bill Bostock, INSIDER•July 30, 2020
A line of veterans oppose the use of federal agents at the Mark O. Hatfield federal courthouse in Portland on July 24, 2020.
John Rudoff/Anadolu Agency via Getty Images
CNN and ProPublica reviewed conditions-of-release documents of multiple people recently arrested in Portland on protest-related charges.
The outlets found that many had to promise not to attend future demonstrations to get out of jail.
CNN identified nine cases, and ProPublica 12, where they were made to agree to those terms in order to be released. It's not clear whether some of those cases overlap.
One condition of release document, cited by ProPublica, says: "Defendant may not attend any other protests, rallies, assemblies or public gathering in the state of Oregon."
Legal experts told the outlets the conditions violate the first amendment right to free assembly of those detained.
Protesters detained by the police in Portland are being told they can only get out of jail if they promise to stop going to rallies, according to two reports on Wednesday and Thursday.
Anti-racism and police-brutality protests that had rumbled on in the city since the killing of George Floyd in late May reached a fever pitched two weeks ago, with security forces sent by the federal government descending on the city and clashing with demonstrators.
Close to 100 protesters have been arrested on various charges since July 4, acting Department of Homeland Security (DHS) secretary Chad Wolf told CNN on Wednesday.
Many of those detained were only allowed to leave if they agreed not to attend any future protests in either Portland and/or Oregon state as a whole, according to release documents seen by CNN and ProPublica.
If they break the condition they be sent back to jail.
John Rudoff/Anadolu Agency via Getty Images
CNN and ProPublica reviewed conditions-of-release documents of multiple people recently arrested in Portland on protest-related charges.
The outlets found that many had to promise not to attend future demonstrations to get out of jail.
CNN identified nine cases, and ProPublica 12, where they were made to agree to those terms in order to be released. It's not clear whether some of those cases overlap.
One condition of release document, cited by ProPublica, says: "Defendant may not attend any other protests, rallies, assemblies or public gathering in the state of Oregon."
Legal experts told the outlets the conditions violate the first amendment right to free assembly of those detained.
Protesters detained by the police in Portland are being told they can only get out of jail if they promise to stop going to rallies, according to two reports on Wednesday and Thursday.
Anti-racism and police-brutality protests that had rumbled on in the city since the killing of George Floyd in late May reached a fever pitched two weeks ago, with security forces sent by the federal government descending on the city and clashing with demonstrators.
Close to 100 protesters have been arrested on various charges since July 4, acting Department of Homeland Security (DHS) secretary Chad Wolf told CNN on Wednesday.
Many of those detained were only allowed to leave if they agreed not to attend any future protests in either Portland and/or Oregon state as a whole, according to release documents seen by CNN and ProPublica.
If they break the condition they be sent back to jail.
People gather in protest in front of the federal courthouse in Portland on July 25, 2020.
Spencer Platt/Getty Image
At least 12 protesters arrested in July were spared further jail time on the condition that they would not attend future protests, ProPublica reported.
One condition of release document for a detained protester, published by ProPublica, stipulated : "Defendant may not attend any other protests, rallies, assemblies or public gathering in the state of Oregon."
CNN also found at least nine people who were arrested between July 23 and July 27, for either failing to obey a lawful order or assaulting a federal officer, were released if they promised not to rally again.
It is not clear whether ProPublica's 12 sources and CNN's nine overlap.
The conditions of release are usually decided by the federal magistrate in Portland, the US Pretrial Services, and the US Attorney's Office for the District of Oregon.
The Attorney's Office told CNN it intended to prevent those arrested from entering a five-block section around the Hatfield Courthouse in the future.
"The additional restrictions were added by the court," the office said.
Spencer Platt/Getty Image
At least 12 protesters arrested in July were spared further jail time on the condition that they would not attend future protests, ProPublica reported.
One condition of release document for a detained protester, published by ProPublica, stipulated : "Defendant may not attend any other protests, rallies, assemblies or public gathering in the state of Oregon."
CNN also found at least nine people who were arrested between July 23 and July 27, for either failing to obey a lawful order or assaulting a federal officer, were released if they promised not to rally again.
It is not clear whether ProPublica's 12 sources and CNN's nine overlap.
The conditions of release are usually decided by the federal magistrate in Portland, the US Pretrial Services, and the US Attorney's Office for the District of Oregon.
The Attorney's Office told CNN it intended to prevent those arrested from entering a five-block section around the Hatfield Courthouse in the future.
"The additional restrictions were added by the court," the office said.
Federal agents disperse protesters near the federal courthouse in Portland on July 20, 2020. AP Photo/Noah Berger
Legal experts say the conditions of release violate the constitutional rights and the right to free assembly of those arrested.
Geoffrey Stone, a professor at the University of Chicago Law School, told ProPublica: "Even if they're right that these people did, in fact, step beyond the bounds of the First Amendment and do something illegal, that doesn't mean you can then restrict their First Amendment right."
Somil Trivedi, an attorney with the Criminal Law Reform Project, told CNN: "This release condition is blatantly unconstitutional."
"The government cannot force you to relinquish your First Amendment rights as a condition for your freedom. Release conditions must be related to public safety or flight. This is neither."
Business Insider contacted the US Attorney's Office for the District of Oregon for comment but is yet to receive a response.
On July 23, the Department of Justice opened an investigation into the "use of force" by around 110 unmarked federal agents patrolling the streets of Portland, who were sent there at the behest of Donald Trump.
Local and state officials, as well as some DHS employees, have called their actions "unconstitutional," Business Insider's Oma Seddiq previously reported.
Videos posted to social media purport to show agents snatching people off the street. The governor of Oregon, Kate Brown, said Wednesday that the federal agents would begin to leave from Thursday.
Legal experts say the conditions of release violate the constitutional rights and the right to free assembly of those arrested.
Geoffrey Stone, a professor at the University of Chicago Law School, told ProPublica: "Even if they're right that these people did, in fact, step beyond the bounds of the First Amendment and do something illegal, that doesn't mean you can then restrict their First Amendment right."
Somil Trivedi, an attorney with the Criminal Law Reform Project, told CNN: "This release condition is blatantly unconstitutional."
"The government cannot force you to relinquish your First Amendment rights as a condition for your freedom. Release conditions must be related to public safety or flight. This is neither."
Business Insider contacted the US Attorney's Office for the District of Oregon for comment but is yet to receive a response.
On July 23, the Department of Justice opened an investigation into the "use of force" by around 110 unmarked federal agents patrolling the streets of Portland, who were sent there at the behest of Donald Trump.
Local and state officials, as well as some DHS employees, have called their actions "unconstitutional," Business Insider's Oma Seddiq previously reported.
Videos posted to social media purport to show agents snatching people off the street. The governor of Oregon, Kate Brown, said Wednesday that the federal agents would begin to leave from Thursday.
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