• by Ray Schultz , October 9, 2025

A U.S. judge has prohibited federal agents from tear gassing or pepper spraying journalists and protesters in Chicago, in response to a lawsuit filed by press groups. 

U.S. Judge Sara Ellis issued a temporary restraining order on Thursday, stating that “whatever lawlessness is occurring is not the fault of reporters and protesters.”  

The government opposes the order, saying it is unworkable. But Ellis disagrees.

“Individuals are allowed to protest,” Ellis said in the courtroom, according to Block Club Chicago. “They are allowed to speak. That is guaranteed by the First Amendment to our Constitution, and it is a bedrock right that upholds our democracy.”

Ellis also ruled that federal agents -- those who are not working undercover -- must wear badges or other visible identification. 

The TRO covers the Northern District of Illinois, including both the city of Chicago and the ICE facility in Broadview, Illinois, and is effective for two weeks. The plaintiffs are seeking a permanent injunction. 

The order also requires federal agents to wear badges or other “visible identification” so the public can know who they are, with exceptions for those officers who work undercover.

The order applies to all U.S. Department of Homeland Security agents — including ICE and Border Patrol — across the Northern District of Illinois, which covers more than a dozen counties across the top of the state. 

Chicago news groups, including Illinois Press Association, Chicago Newspaper Guild, Chicago Headline Club and Block Club Chicago, accused federal agents of “a pattern of extreme brutality” in the suit filed on Monday.

The complaint charges that the government entities are trying to trample on free expression.  

“Dressed in full combat gear, often masked, carrying weapons, bearing flash grenades and tear gas canisters, and marching in formation, federal agents have repeatedly advanced upon those present at the scene who posed no imminent threat to law enforcement."

The complaint continues: “Federal agents have tackled and slammed people to the ground; they have lobbed flash grenades and tear gas canisters indiscriminately into the crowd; they have fired rubber bullets and pepper balls at selected individuals; and they have cursed and shouted at demonstrators to provoke them.”

Ellis called such tactics “chilling,” according to Block Club Chicago.

The case is on file with the U.S. District Court for the Northern District Of Illinois, Eastern Division.