Conspiracy Charge Faces First Amendment Challenge

Three former protest leaders say a federal conspiracy charge is wrong because it turns peaceful assembly into a crime. The case started during the Trump‑era “Midway Blitz” deportation drive. After prosecutors dropped charges against two people, the remaining four now fight a felony that could add up to six years in jail. They argue the charge is simply an upgrade of a misdemeanor that was meant to protect their right to gather. A lawyer who helped write the motion says the real issue is whether people can protest without fear of criminal punishment. One defendant, a village trustee and lawyer, says the right to protest is more important than any single event. The federal indictment claims that on September 26, the defendants stood near a vehicle driven toward an ICE facility.

The police say they blocked the car, causing damage to it and forcing the driver to slow down. The defense says no harm came from them; they only stood in a crowd that was already allowed to protest there. They say the driver did not wait for police, did not identify himself, and did not ask them to move. The motion asks a judge to dismiss the conspiracy charge because it would scare people from exercising their First Amendment rights. If a protester is in the wrong place at the wrong time, they could be charged with a felony even if they did nothing wrong. The lawyers will return to court on March 31. A law professor says the case could chill future protests beyond this one event. He worries that lawful protesters might fear being caught up in others’ illegal actions and face serious charges.

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