A judge has ruled that the Trump administration should not have coerced Apple and Google into taking down apps which track the activity of ICE (US Immigration and Customs Enforcement).
A preliminary injunction has been awarded, with the creators of ICE Sightings and Eyes Up told that they are likely to succeed in their argument that the government suppressed protected speech under the First Amendment …
A quick recap on the ICE tracker controversy
The debate was first prompted by an app called ICEBlock that allowed people to report sightings of ICE agents in their area. In a classic demonstration of the Streisand Effect, the app shot to the top of the App Store when it was condemned by the White House.
In a subsequent development that seemed to be straight from a mob movie, the US Attorney General said the developer “had better watch out.” Apple later removed the app from its App Store, with US lawmakers asking the company what steps it was taking to prevent similar tools being uploaded. Meta also took down a Facebook group intended to fulfill the same function.
The House Judiciary Committee then launched an investigation into whether the DOJ applied unlawful pressure to Apple and Google to remove these apps.
Judge grants developers an injunction
The creators of ICE Sightings and Eyes Up took the matter to court, arguing that the government was suppressing speech protected by the First Amendment. As Engadget reports, an injunction has now been granted pending a full hearing, with the judge indicating that the developers are also likely to prevail there.
A judge has granted the makers of the “ICE Sightings – Chicagoland” Facebook group and the Eyes Up app a preliminary injunction to stop the Trump administration from coercing platforms to take these projects down.
Judge Jorge L. Alonso of the United States District Court for the Northern District of Illinois found that the plaintiffs, Kassandra Rosado and Kreisau Group, are likely to succeed in their case, which alleges that the government suppressed protected speech under the First Amendment by strong-arming Facebook and Apple into removing ICE monitoring efforts.
The plaintiffs are being backed by the Foundation for Individual Rights and Expression (FIRE) non-profit, which welcomed the development.
A federal district court, siding with FIRE in our lawsuit, will block the federal government from strongarming Apple and Facebook into not carrying two platforms that reported on ICE activity using publicly available information.
FIRE said it was “extremely encouraged” by the ruling.
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