In response to U.S. Attorney Edward R. Martin Jr.‘s February 3 letter to Elon Musk about potential legal action against anyone who takes “actions in any way that impact [DOGE employees’] work,” ACLU-D.C. sent a letter outlining our concerns that threatening legal action against those who merely criticize or challenge DOGE employees is a undermines free speech. The government has the power to prosecute true threats, but it cannot use its authority to suppress disfavored opinions.
The letter explains, quoting a leading Supreme Court case: “The government can prosecute unlawful threats; ‘[w]hat [it] cannot do, however, is use the power of the State to punish or suppress disfavored expression.’ Further, even indirect threats by government officials chill speech and may themselves violate the First Amendment.”
The letter urged Martin “to clarify publicly that your promise to ‘pursue . . . legal action’ is aimed at ‘true threats’ and other conduct unprotected by the First Amendment, and that your office will enforce the law evenhandedly without regard to anyone’s political association, ideology, or viewpoint.”
See the ACLU-D.C.’s letter here: https://www.acludc.org/sites/default/files/20250204_acludc_ltr_to_martin65.pdf
See U.S. Attorney Martin’s letter to Elon Musk Posted to X: https://x.com/EagleEdMartin/status/1886456136032817488