"The First Amendment unquestionably protects Streever’s criticism," stated attorneys with the Foundation for Individual Rights and Expression.
Streever expressed his personal shock regarding the response from federal law enforcement officers following his digital correspondence.
"Like many Americans, I was deeply upset after the shootings in Minnesota and I felt compelled to do something," said David Streever.
"Writing an email to the head of ICE seemed like the least I could do to express my sense of outrage.
I never dreamed it would lead to a knock on my door by federal officers or descending on my hotel in the dark of night."
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He further noted his desire to preserve the constitutional rights of other citizens who wish to voice their opposition to government actions.
"I cherish our right to speak openly about issues of public concern," said Streever.
"I hope others will not be discouraged from peacefully expressing their views, even when those views are critical of the government."
Legal counsel for the plaintiff argued that the timeline of the federal investigation indicates that the agency did not view the email as a genuine security threat.
"If someone is really threatening a government official, you don't wait five months to act on it," said Adam Steinbaugh, senior attorney at FIRE.
"The fact that authorities didn't respond immediately shows that David presented no threat. This pursuit is designed to intimidate lawful speech, pure and simple."
