No, CNN Did Not Commit a Crime in Reporting on the ICE Tracking App

The Justice Department is being asked to look into criminal charges against CNN after publishing a report about an app that allows users to track Immigration and Customs Enforcement (ICE) activity in their area. While critics may view the report as reckless and dangerous, it is not a crime.

President Donald Trump and Homeland Security Secretary Kristi Noem discussed the possible charges on Tuesday. Noem stated

“We’re working with the Department of Justice to see if we can prosecute them for that, because what they’re doing is actively encouraging people to avoid law enforcement activities, operations,. We’re going to actually go after them and prosecute them with the partnership of [Attorney General Pam Bondi] if we can, because what they’re doing, we believe, is illegal.”

President Trump also suggested that CNN, The New York Times, and other media outlets could be charged for publishing reports suggesting that US airstrikes on Iran’s nuclear facilities did little damage.

Such prosecutions would constitute a major attack on the free press under the First Amendment and would most certainly fail in the courts.

I have been a persistent critic of these outlets for their biased reporting. However, that is no justification for prosecuting journalists for reporting on these issues, even if the reporting is misguided or false.

CNN’s report discussed an app called ICEBlock, which has more than 20,000 users, offering an “early warning system” when ICE is operating nearby. This is public information, and the app is publicly available.  The media has the right to report on its existence and use without fear of criminal prosecution.

If the Justice Department were to bring criminal charges, they would be quickly struck down in federal court and the Administration would only succeed in creating precedent against the Executive Branch.

106 thoughts on “No, CNN Did Not Commit a Crime in Reporting on the ICE Tracking App”

  1. This App (ICEBlock) is no different than the ‘Speed Trap’ Apps that are used to alert Drives of Police Highway Speed Traps.

    You should be more concerned (Jonathan) with the People that are using applications (the Gravatar Tracking System, etc.) that are Tracking, Recording, Documenting, Classifying and Profiling the Commenters on this Blog. There is no; Notice, Disclosure, and Disclaimer of the Surveillance, nor Transparency or Privacy Take-down method of Commenters Data disclosed. This gravely compromises the Blog’s Users as they have no control over how the Data is being used and who is behind the Data collection. It has become obvious that we are being used as Guinea Pigs and Rhesus Monkeys for the testing of Social reaction to post and comments made. A.I. is now collecting and processing the Blog’s environment (learning about the social ecosystem), yet there is no disclosure that We are under the microscope. Purging the Trackers in the Comment Section would greatly improve the results for Users, but conversely would clean-up the Machine Learning identification processes.

    A.I. Disclosure: There are ‘Entities’ on this website that are recording your habits and thoughts. Big (AI) Brother is Watching You.

    1. Everyone knows it, disclosure. These test questions and social data of ordinary people.

      What does the common American think about Marxism, communism or has the effort to make lgbt acceptable worked on the rats and mice. Can we use their children as experimental insects…

      Keep opinion out of the responses.

  2. Since this America’s first experimentation with an actual dictator-wanna-be, using the Attorney General of the United States to subvert 1st Amendment rights (the legal definition of “subversive” – subverting America’s system of government).

    What happens when a Democrat dictator-wanna-be uses Trump’s illegal precedent? Maybe less than 4 years from now. The Attorney General of the United States could pursue 2nd Amendments rights of gun owners or property owners. Republicans can’t say a word since they were silent when Trump did it.

    You can thank Trump and Pam Bondi for that!

    1. Tedious drivel. Yeah, he’s some dictator, begging the courts and the legislature for the ability to do pretty much anything.

  3. Yet somehow the use of a radar detector is against the law in many areas. A radio receiver that simply detects radio signals in the air. Sort of like being told to close your eyes, you are not allowed to see something.

    1. Seems like that law could be overturned if someone ticketed hired an Institute for Justice lawyer, or Pacific Legal Foundation lawyer or an ACLU lawyer. Especially since 2018, following the “Carpenter v. U.S.” U.S. Supreme Court ruling.

      Carpenter’s “personal mapping clause” which essentially outlaws the premise of “warrantless totalitarian style surveillance”, that premise might help overturn these radar detector laws.

    2. 😂 Nathan Wade was tracked via cell phone a few blocks from Fani’s home. It was evidence of late night scrabble games.

  4. No CNN did not commit a crime. Although they are looking into the guy who wrote the app to see if he committed a crime if his app doxxs ICE agents.
    CNN has bigger problems after they were spun off during the split from the parent company. More layoffs, pay cuts and some talk of even the possibility of CNN getting sold. Could not of happened to a better MSM news outlet! And they did it to themselves!

    1. Upstate

      Need a good laugh
      ________________
      Another day, another media meltdown over immigration – only this time, it appears they again fell for or willingly pushed a hoax.

      On Sunday, the Los Angeles news stations KTLA-TV and KABC-TV both published alarming stories about a woman named Yuriana “Yuli” Calderon, claiming she had been kidnapped off the street by immigration agents. Fools.

  5. Nice to know you are not on the warpath over this.!!!!
    I’ve stopped reading due to the non stop approval of everything this Gov. is doing. !!

    1. If you stopped reading, how, and why, did you post this comment? Admit it, you can’t stop reading this blog and you are addicted to Prof. Turley’s writings.

  6. I’m for freedom, so I say let them do their thing.

    However, I have already downloaded the app,
    and I’ll be reporting every unmarked police car I see, so as to pollute the data, and make this app worthless.

    I encourage other to express their freedoms as well. Play games, and get the prizes!

  7. I agree reporting on the app in not a crime. But that begs the question is developing and making available for download such an app a crime? It is illegal to help a criminal evade law enforcement. This is obviously doing that, but in a very indirect way. Is it obstruction of justice or not Mr. Turley, and why or why not?

      1. No I didn’t answer it myself and I have the ability to see both sides and could argue it both ways. I asked Mr. Turley because he is a Constitutional scholar and I am not.

  8. I like what Vince Coglianese recommended on his show this morning: using the app we can issue false alarms. If the false alarms outnumber the genuine sitings, the app will lose its power. In fact, it would be fun to fake an announcement that ICE is heading for a particular spot and then watch how many people suddenly run away from that spot. Law enforcement can use this phenomenon to roust out illegals! Do it!

  9. It was a way to inform all illegals of the app. CNN didn’t say, hey you guys, evade ICE by using this app.

    1. Arguably they did. That does not change the fact that the reporting was constitutionally protected.

      Regardless Trump constantly Says that someone should be locked up for something.

      But his administrations have never tried to violate the first amendment.

      Obama and Biden DID violate the first amendment.

      I judge people more by their actions than their words.

      1. “ Obama and Biden DID violate the first amendment.”

        No they didn’t. Even the Supreme Court agreed. Pressuring social media or suggesting they remove something is not a violation of the 1st amendment. It’s no different than what Trump is doing now. He’s calling for firing of reporters and revoking broadcast licenses because he doesn’t like what they are reporting. Trump has been attacking free speech since the beginning and Turley has been dead silent unless it’s a super obvious attack such as this.

        It’s telling how short the criticism is and why he’s not dwelling on it as much as he does when democrats are involved.

        1. “It’s no different than what Trump is doing now.”

          Then: “Trump has been attacking free speech . . .”

          Do you read your own comments before posting them?

            1. It won’t matter, Georgie has no ability to learn, given his laughable level of intelligence.

  10. Who in their right mind would interfere with a federal law enforcement officer? Someone who is crazy or one so far lost, they have no moral compass.

    Who in their right mind (operative word) wants to protect a murderer, child rapist, human trafficker? How incredibly bizarre!!

    Perhaps these idiots live in a warped bubble and have no idea the violence that abounds in our streets. Maybe they should take a walk on the other side of the street and see what many people deal with on a daily basis. It is shocking!

    Those who would attack or interfere with an officer who is sworn to protect are sick in heart and soul.

    1. That is probably true. But it is still protected by the first amendment – and should be.

      The left tried this nonsense with Trump’s speech at the Oblisk – Democrats converted Trump’s free speech that they did not like – first into an impeachable offense and then into a prosecutable crime.

      Republicans should not make the same mistake.
      There is more than enough criminal conduct on the left to prosecute.

      The punishment for reprehensible but legal conduct is with the public.
      Don’t watch CNN

      1. “The punishment for reprehensible but legal conduct is with the public.”

        Well said.

  11. Yeah. Doesn’t make it any less partisan and heinous, but it’s their prerogative to mention the app. And really, they are just continuing to show us how insidious and hateful they are. Their feet must he very sore from all that shootin’, but they continue to insist on doubling down and firing again and again. And we all see it.

  12. I don’t think CNN is going to be prosecuted over this particular case, but there is a difference between reporting and advocacy, and a better case may come along – especially if CNN gets really bold. AG Bondi will be looking for a good slam-dunk case to set a precedent. And remember, there was the “backpage” case. They were convicted. 1A isn’t absolute when illegal activity or services are being advertised.

    1. The requirements for “advocacy” to exceed the protection of the first amendment are deliberately very steep.

      Do not make the same stupid mistakes as the left.

      Criticize those who engage in this speech – they deserve it. Boycott them.

      But do not prosecute people for constitutionally protected speech, and do not try to narrow the domain of what is protected.
      That does not serve either the left or the right well.

  13. If the Justice Department were to bring criminal charges, they would be quickly struck down in federal court and the Administration would only succeed in creating precedent against the Executive Branch.

    But that’s a good thing, right?

    Also, I believe the criminal charges would be “dismissed” rather than “struck down,” but that’s because I am a nit-picker with perfectionist tendencies.

  14. I couldn’t find a contact form on this website. I hope to see JT explore the connection to Idaho Anti- Homeless Bill — Senate Bill 1141 going into effect today July 1 and the Canfield mountain shooting.

  15. Of course Turley is correct— reporting on ICE activities is not a crime, but the point of the threat is to intimidate media from reporting Trump’s lies about the failure of the bombing to “obliterate” Iran’s nuclear program. Even if the administration loses, which it certainly will, it will still cost money for attorneys and litigation expenses.

    Of course, the bombing would not have been necessary if Trump hadn’t torn up the deal we had. So he bombs Iran as a cover for his mistake and because wealthy Jews who donated money to his campaign want him to.

    Just another example of the administration’s attempt to create an authoritarian regime. THAT’S the real story here.

    1. ATS there is going to be no prosecution of CNN – just as the press has NEVER been criminally prosecuted under Trump – despite occasional remarks like these.

      These are throw away lines intended to draw attention to egregious behavior – NOT presidential directives.

      Trump nad Republicans HAVE been censored by the left when in power.
      They have been criminally prosecuted by the left.

      With respect to Iran – the claim that their nuclear program only hit a speed bump is ludicrously stupid and untrue.

      Was Fordow and the rest of Iran’s nuclear program totally completely obliterated ?
      Unlikely. But it was set back a very long time.

      “the deal we had” was GARBAGE – it was NOT slowing Iran’s march to the bomb, and worse it ASSUMED that Iran would eventually have nuclear weapons.

      That is a really stupid policy.

      Of all the powers seeking nukes the most likely to use them is Iran – even North Korea mostly uses nukes as political leverage.

      But a nuclear Iran is not only a threat to the US and the world and global stability, but will start a race for nukes in the rest of the mideast.

      The Saudis would likely buy on from Pakistan the moment Iran had nukes. Other mideast nations would follow.

      Either Non-proliferation actually means something and has teeth, or everyone gets nukes.

      I would further note that both the Israelis and the US showed not just Iran but the world, that non-proliferation has teeth.

      Lets presume that you are correct and this was just a speed bump to Iran getting nukes.

      If So the US and Israel will be back.

    2. How is this administration more authoritarian ?

      I am hard pressed to think of any actual individual right this administration has infringed on.

      Lots of FAUX left wing manufactured rights that require OTHER people to pay for them have been shutdown, but no actual rights.

    3. The Biden Administration created an ‘authoritarian regime’ President Trump is disabling it.

      authoritarian regimes prosecute their political opposition, the Biden administration did that.
      authoritarian regimes issue unsupported mandates like masks and mandatory vaccines. the Biden administration did that.
      authoritarian regimes increase regulations, the Biden Administration did that.
      authoritarian regimes work to control the means of production and tech to silence their critics, the Biden administration did that.
      authoritarian regimes set up a Ministry of Truth (department of misinformation) to stop criticisms and replace them with their propaganda, the Biden administration did that.
      authoritarian regimes lie on important things, like a laptop is Russian disinformation and support that by having more in people lie to support their lies, the Biden administration did that.
      authoritarian regimes lie about ‘dear leader’ his capabilities, his health, some even lie about the death of dear leader, the Biden administration did that other than the death, because dear leader didn’t die in that time frame.

    4. An
      Trump hadn’t torn up the deal we had.
      _____________________

      \What a crock. Iran has never followed anything. They pay their proxies to kill others.
      Where have you been.

      1. Obama supported the overthrow of a Democratically elected government in Ukraine by neo-Nazi’s in 2014.
        Biden violated a treaty with Russia made with Gorbachev when the Soviet Union fell.
        Neither Russia or Ukraine violated any agreement, Iran broke the agreement with cheating, not president Trump.

        Documents show Gorbachev was assured US wouldn’t expand NATO into Central and Eastern Europe.

        U.S. Secretary of State James Baker’s famous “not one inch eastward” assurance about NATO expansion in his meeting with Soviet leader Mikhail Gorbachev on February 9, 1990, was part of a cascade of assurances about Soviet security given by Western leaders to Gorbachev and other Soviet officials throughout the process of German unification in 1990 and on into 1991, according to declassified U.S., Soviet, German, British and French documents posted today by the National Security Archive at George Washington University.
        The documents show that multiple national leaders were considering and rejecting Central and Eastern European membership in NATO as of early 1990 and through 1991, that discussions of NATO in the context of German unification negotiations in 1990 were not at all narrowly limited to the status of East German territory, and that subsequent Soviet and Russian complaints about being misled about NATO expansion were founded in written contemporaneous memcons and telcons at the highest levels. – historynewsnetwork

        So whats your point?

        1. George Soros sponsored Euro Maiden to advance the coup against Ukraine. NGO’s needed a new country in which to launder the grants from Congress. 30 or 40% of the billions washed here go to the members of Congress who play that game. Why else would members of Congress rush into the active war zone in Kiev to check on their ill gotten monies.

          Wikileaks has the Soros to Hillary Clinton 50 page instructions on how to make Libya into another US grant laundering operations like Ukraine.

          Unfortunately we may never know as they DO NOT have to go through customs to declare pallets of cash and bars of gold when they use their private US Military aircraft.

  16. In spy cases, there has to be a means of interpreting coded information-information which says something legal or inoccuous but with the intention of a call to violence or some other activity. CNN posted it with perhaps a malificent attempt. Likewise, today CNN posted the senators who voted for Trump, perhaps with the intention of retirbutive actions, akin to Musks threats to go after all those who voted in favor of the bill. So given the immense increase in violence tied to Democrat donors or democrat operatives, given the videos verifying such relationships, perhaps the law needs to consider “coded” language in a different way.

    1. NO – Let the left actually violate peoples rights and condemn them for it.
      There are somethings that the left does that should NOT be repeated.

    2. “. . . the law needs to consider “coded” language . . .”

      Hello Salem Witch Trials.

  17. Thank you Professor….you gave us the road map on how to fight back!

    What say 20,000 of us join that App and post bogus reports of ICE activity…..and do so dozens of times each per day…..would that be a crime?

    We could drive the Left really bonkers!

    1. ICE agents should join the app and enter bogus data designed to funnel the illegals onto certain roads where ICE is waiting for them.

  18. The administration is simply frustrated with the progressive, bat-shit crazies on the left. I believe it knows speech of almost any flavor is protected and as such, this outrage is real, but short lived.

    1. Trumps remarks draw attention to bad conduct. Conduct that is protected by the first amendment – but not protected from the ballot box or free market/

      1. Yes Trump’s comments are often misinterpreted, mostly by his opposition like the lie ‘white supremacist are good people’ but sometimes by his supporters too. Trump’s supporters will tell you Trump said he would lock her up about Hillary Clinton. Trump never said that, He said ‘lock her up’, to point out she violated the law and got away with it. But Trump never said he would lock her up. Trump said over and over that being successful would be his retribution, not locking up his political opponents.
        That does not stop his Attorney General, DOJ of FBI from locking up people that violate the law just because they are political opponents. Again no one should be above the law (like Hillary Clinton was) which includes a judge helping a criminal escape justice or a Congresswoman assaulting a federal officer.

  19. The Germans were on to something. They were being made miserable, so they did something about it.

    1. Yes, staring two world wars, expanding their territory for ‘Germans’, enslaving and murdering millions of people because you don’t like them and blame every ill you yourself created is the answer. I think not.

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