What Happens When the Government Doesn’t Like Your Posts?

Consider the following hypothetical. It’s January 2026 and you are in a very long line. No big deal, you’re a pro. You grab your phone and settle in for a lengthy scroll-and-wait. You “like” a few posts, read a few articles, and eventually find yourself hitting “reply” in the comments beneath an article reporting on an ICE shooting. Disgusted, you write: “Aaron Ross murdered Renée Good in cold blood.” DING! Your number comes up — you’re being called to the counter. You put your phone away and go on with your day.

Are you a criminal? Did you just break the law? If you answered yes, you may work for the government.

Back in March, the U.S. Department of Homeland Security (DHS) used an “administrative summons” under import/export/tariff laws to try to convince the social media platform Reddit to disclose our anonymous client’s personal information. This was apparently part of an investigation by Immigration and Customs Enforcement (ICE) and/or DHS’s “Homeland Security Investigations (HSI).” CLDC fought and won a court battle in federal court in San Francisco to protect our client’s identity. Unfortunately, the victory was short-lived, because as soon as the San Francisco matter was dismissed, the government whipped around and served a subpoena on Reddit, this time from grand jury based in Washington, DC.

Reddit provided our client with a complete record of their post/comment history during the relevant timeframe. Our legal review of this record conclusively determined that our client’s online speech could not support any criminal charges, and that the government targeted our client for speech critical of ICE. This does not appear to be an isolated incident; ICE has been regularly targeting people for such online speech.

The anti-free speech response from DHS/ICE tracks with its rhetoric, which has repeatedly bandied about absurd statistics, such as: “ICE officers are facing a 700 percent increase in assaults as family members are doxed and targeted” or “8000% Increase in Death Threats Against ICE.” No, of course there is no evidence provided to support these outlandish claims, but as with much in the Trump II era, the blatant falsity might be the point. It effectively communicates the vibes of the agency more than concrete policy. It appears DHS/ICE is attempting to communicate a message, partially through legal threats, partially through open violence, that its status as the premier domestic shock troop of the regime will not be questioned, and it will respond to any criticism with blind force, regardless of legality.

As for our client, they are still living with legal uncertainty. The D.C. District Court denied our motion to “quash” (block) the grand jury subpoena, but we immediately appealed to the federal D.C. Circuit Court. The District Court granted our request to pause disclosure of our client’s information until the appeal can be decided. Even if, in the end, ICE successfully usurps the grand jury process to force Reddit to disclose our client’s identity, we remain confident that our client has broken no law, and we will ultimately prevail when the facts meet the light of day.

In the meantime, it is critical not to allow the Trump regime to win through anticipatory compliance. You do not need to censor yourself, online or off, because DHS/ICE has big feelings about being called out. If you receive a notice from a social media service informing you that they received a law enforcement request for your information, take it seriously, contact CLDC or another organization capable of assisting you in defending your rights, and stand up for yourself. Particularly against DHS/ICE in this moment, when we fight we win.