A federal judge ruled U.S. Department of Homeland Security agents violated a New York man’s First Amendment rights when they delivered a warning notice in response to a social media post he made.
David Streever sent an angry email to former U.S. Immigration and Customs Enforcement Director Todd Lyons, comparing him to an infamous Nazi leader and disparaging Lyons’ leadership. Streever ended it by telling Lyons that the now-former director won’t “know peace,” will lose himself and face internal torment until his death.
A judge ruled that Streever’s email fell within his right to criticize the government. He also ruled that DHS agents handing Streever’s wife a “warning notice” in July violated those rights.
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“The notice threatened him with prosecution if he did not ‘discontinue’ his criticism of ICE,” U.S. District Court Judge Rudolph Contreras wrote. “Because that notice likely violates Mr. Streever’s First Amendment right to free speech, the Court will grant, in part, Mr. Streever’s motion for preliminary injunction, enjoining Defendants from relying on the Warning Notice, issuing similar threats, or making good on the threats in the Warning Notice.”
He added that it would be “pedantic” for the court to require Streever to state when he anticipated making similar comments and what he sought to say, a request federal prosecutors made.
DHS told Straight Arrow Wednesday that allegations on agents attempting to “squash” free speech were false and that ICE investigates credible threats to its employees and director. The spokesperson repeated a refuted claim about the increase in violence agents have faced and said people who assault or threaten officers “will face the consequences.”
The same two agents were believed to deliver a similar order to Paigelynne Gonyea as she worked polls in New York’s primary election around Syracuse. Gonyea started a GoFundMe for legal fees and wrote on Aug. 5 that “things are progressing” but didn’t provide exact details. The account raised $11,800.
The Foundation for Individual Rights and Expression represents Streever in the lawsuit. Attorney Adam Steinbaugh said in a statement that ICE “knowingly” sought out Streever for his criticisms of Lyons.
“Ominous letters warning people their speech might land them in prison are meant to coerce people into silence, and that’s not how the First Amendment works,” he said.
Angry email leads to notice
Streever’s lawyers said that the email was sent after Streever became frustrated with how federal immigration operations were being handled. In particular, Streever was outraged over the killing of Alex Pretti in Minneapolis.
The New York man was on vacation when ICE special agents visited his home on June 23. They handed his wife a document that stated criminal charges could be incoming. According to court records, the notice was only a warning and said his actions could result in federal or state prosecution.
Streever and FIRE interpreted the document as a threat to his right to criticize the government, a right anyone in the U.S. is granted under the First Amendment. Contreras refused to block DHS’ investigation into Streever’s email because he couldn’t establish a current injury resulting from the investigation.
“Nor is there future harm because Assistant Director Goodwin reports that ‘[w]ith its investigation closed, ICE OPR does not contemplate any further investigation in Mr. Streever regarding his January 2026 email to Lyons,’” the judge wrote.
Streever contended the investigation remained open because DHS made statements online to the contrary. The judge compelled DHS to provide physical evidence showing supervisory approval or official documentation stating that the investigation is closed.
Contreras criticized DHS’ warning notice as being an obvious threat to chill Streever’s speech.
“Mr. Streever’s injury is the loss of his freedom to engage in political speech now because the threat of such an investigation or prosecution looms over him like the sword of Damocles, and he is forced to self-censor under that threat,” he wrote.
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