Transcript

[Speaker 1]

Government actors are not private individuals. They are not entitled to secrecy in the execution of their public duties. Hi, I’m Lauren Johnson Norris and I’m a criminal defense attorney. The First Amendment, the same amendment that protects our right to speak, does not apply to the government. It applies against the government. We live in a country where the balance of power rests on a simple but profound idea.

The government works for the people. That means when agents of the state, like ICE officers or their surrogates, engage with the public, they must do so transparently and accountably. It is unacceptable, legally and morally, for government agents to cover their faces, remove identifying badges, and operate in anonymity, especially when detaining individuals, separating families, or deporting people.

This conduct erodes trust. It undermines the rule of law. And most importantly, it violates the public’s right to seek redress for governmental abuse.

Government actors are not private individuals. They are not entitled to secrecy in the execution of their public duties. The First Amendment, the same one invoked so often in protest and public debate, does not shield the government from scrutiny.

Only the people have First Amendment rights. The government has none. It is bound by those rights, not protected by them.

Contrast that with protesters who do have a First Amendment right to anonymous speech. When people protest, especially on matters like immigration, policing, and incarceration, they may face threats, retaliation, or job consequences. That’s why our courts have long recognized that individuals can cover their faces, use pseudonyms, and speak anonymously.

That’s not just protected. It’s essential to the survival of democratic dissent. And yet, it is correctional officers deputized as ICE agents who now seek the shield of anonymity.

They fear being identified when they return to the prison system, worried that incarcerated individuals will know who they are. But fear of consequences is not a constitutional basis to escape accountability. When you wield government power, you must be willing to stand in the light.

If a prison guard can carry out federal enforcement in secret, they can abuse that power in secret. And secret power is the enemy of liberty. This is not a small misunderstanding of rights.

It is a fundamental inversion of them. When the government hides and the people are exposed, democracy is already in danger. We don’t just risk blurring the line.

We risk erasing it entirely. And with it, the very foundation of constitutional accountability. If you like what I have to say, make sure to subscribe.