Freedom of Speech and the Use of Deadly Force

Freedom of speech means freedom of speech for everyone, including those we hate or disagree with.

I think it’s an important disclaimer to note that I would be saying this for anyone of any political party, race, creed, etc that this would’ve happened to.

Officers are trained in de-escalation measures for their sake as well as everyone around them.

There are procedures that are to be followed in these types of situations specifically for this purpose.  DHS has its own written set of guidelines that the officer did not follow.

I reached out to a few officers I know for clarification.  They referred me to the DHS website.

It is a significant problem when officers use lethal force.

No one should have to die at the hands of any law enforcement officer in a truly free nation for utilizing their constitutional right to speak freely.

When we get into a situation where freedom of speech is no longer protected, and worse still, you can be killed for it, we no longer have a truly free nation. This is why the 1st Amendment is so crucial. It stands as the bedrock of every other freedom we enjoy.

There is no reason that Renee Nicole Good should not be here today other than an officer disregarded his initial duty to protect and serve.

My thoughts go out to her family and to every family that has had to endure the escalating violence of these officers.

I will leave you with some quotes that I think are appropriate for the times, as well as procedures that were meant to be followed.

Give your family a hug. This activity will continue to escalate.

The only thing that will save us from this madness is to continue to speak out loudly to the injustice that we see. Document it for the future. And most importantly, start to organize within your communities.

The power of the people is the only thing that will topple this unnecessary violence and it will start with us coming together against what we know to be wrong.

“Nobody’s free until everybody’s free.”

• Fannie Lou Hamer

“The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.”

• Thomas Jefferson, 1787

“Without freedom of thought, there can be no such thing as wisdom - and no such thing as public liberty without freedom of speech.”

• Benjamin Franklin

“When a law enforcement officer is involved in an incident with a vehicle that results in a death, specific procedures and legal standards apply regarding the use of force and post-incident investigation.

Key Legal Procedures Law Enforcement Must Follow

Use of Deadly Force Policy:

Most police departments and federal agencies, including the Department of Homeland Security (DHS) and the Department of Justice (DOJ), strictly limit the use of firearms against moving vehicles.

Prohibition: Officers are generally prohibited from shooting at a moving vehicle solely to disable it or prevent a person's escape.

Justification:

Deadly force is authorized only when the officer has a "reasonable belief" that the vehicle operator poses an imminent threat of death or serious physical injury to the officer or others, and no other reasonable means of defense (including moving out of the vehicle's path) exist.

Avoidance of Positioning: Policy often cautions officers to avoid "unreasonably placing themselves in positions in which they have no alternative to using deadly force".

Scene Investigation:

A law enforcement officer is required to investigate any motor vehicle accident that results in injury or death.

This involves:

Securing the scene and ensuring necessary emergency services are called.

Interviewing witnesses, examining evidence, and documenting the scene.

Submitting a written report of the crash to the relevant state department within a specified timeframe (e.g., 10 days in Texas).

The vehicle should not be moved unless it obstructs traffic or is directed by an investigator.

Reporting and Notification:

The officer must give immediate notice of the accident to the local police department, county sheriff's office, or the nearest state police post by the quickest means of communication.

Cooperation with Investigation:

The incident is subject to a thorough, objective investigation, which may involve internal reviews, state and local authorities, and sometimes federal agencies like the FBI, as officers are not immune from prosecution if they act outside their authority.

Potential Areas of Non-Compliance

If an officer failed to follow procedures, it might involve:

Discharging a firearm at a vehicle when the driver was attempting to flee and did not pose an immediate deadly threat.

Failing to move out of the path of a vehicle when it was an objectively reasonable alternative to using deadly force.

Improperly processing the scene or failing to file a complete and accurate report.

Planting evidence or providing a false narrative of the events to justify the use of force.

Legal Remedies for Victims' Families:

If law enforcement misconduct or negligence resulted in a wrongful death, the victim's family may pursue legal action.

Civil Lawsuits:

Families can file a civil lawsuit for damages under state or federal law (e.g., a "Section 1983" lawsuit for state/local officers violating constitutional rights). These claims seek compensation (medical expenses, loss of income, funeral costs, pain and suffering) and can also lead to policy changes within departments.

Criminal Prosecution:

The officer may face criminal charges, such as vehicular manslaughter, brought by state prosecutors if their actions were found to be reckless or negligent.

Requesting an Independent Review:

In some states like Indiana, families can request a new investigation by the State Police into a death deemed non-criminal by a local agency if they can provide reasonable suspicion of a criminal act.

Filing a Complaint:

Individuals can file a complaint with the officer's department or the DOJ Civil Rights Division, which may lead to an investigation and potential policy changes.”

DHS Policy Statement 044-05

Department Policy on the Use of Force

III. General Principles

A. Respect for Human Life

All DHS personnel have been entrusted with a critical mission: safeguarding the American people, our homeland, and our values.  In keeping with this mission, respect of human life and the communities we serve shall continue to guide DHS LEOs in the performance of their duties.

B. De-escalation

To ensure that DHS LEOs are proficient in a variety of techniques that could aid them in appropriately resolving an encounter, DHS components shall provide use of force training that includes de-escalation tactics and techniques.

C. Use of Safe Tactics

DHS LEOs should seek to employ tactics and techniques that effectively bring an incident under control while promoting the safety of LEOs  and the public, and that minimize the risk of unintended injury or serious property damage.  DHS LEOs should also avoid intentionally and unreasonably placing themselves in positions in which they have no alternative to using deadly force.

E. Warnings

1. In the event that a LEO issues such a warning, where feasible, the LEO should afford the subject a reasonable opportunity to voluntarily comply before applying force.

H. Duty to Intervene in and Report Improper Use of Force

1. The Department is committed to carrying out its mission with honor and integrity, and to fostering a culture of transparency and accountability.  As such, DHS law enforcement Components will ensure that their policies and procedures unambiguously underscore the following:

The use of excessive force is unlawful and will not be tolerated.  Those who engage in such misconduct, and those who fail to report such misconduct, will be subject to ALL applicable administrative and criminal penalties.

2. DHS LEOs have a duty to intervene to prevent or stop a perceived use of excessive force by another LEO - except when doing so would place themselves observing/responding LEO in articulable, reasonable fear of death or serious bodily injury.

3. Any DHS employee with knowledge of a DHS LEO’s improper use of force shall, without unreasonable delay, report it to his or her chain of command, the internal affairs division, the DHS office of Inspector General, and/or other reporting mechanism identified by Component policy or procedure.

4. Failure to intervene and/or report such violations is, itself, misconduct that may result in disciplinary action, with potential consequences including removal from federal service, civil liability, and/or criminal prosecution.  DHS components shall ensure that all personnel are aware of these obligations, as well as the appropriate mechanism (s) by which such reports should be made.

Deadly Force

A. General Guidelines

1. A DHS LEO may use deadly force ONLY when the LEO has a reasonable belief that the subject of such force poses an imminent threat of death or serious bodily injury to the LEO or to another person. 7

a.  Fleeing Subjects: Deadly force shall not be used solely to prevent the escape of a fleeing subject.  However, deadly force is authorized to prevent the escape of a fleeing subject where the LEO has a reasonable belief that the subject poses a significant threat of death or serious physical harm to the LEO or others and such force is NECESSARY to prevent escape. 8

B. Discharge of Firearms

2. Moving vehicles, Vessels, Aircraft, or other conveyances

a. DHS LEOs are prohibited from discharging firearms at the operator of a moving vehicle, vessel, aircraft, or other conveyance unless the use of deadly force against the operator is justified under the standards articulated elsewhere in this policy 9. 

Before using deadly force under these circumstances, the LEO must take into consideration the hazards that may be posed to law enforcement and innocent bystanders by an out-of-control conveyance.”

Sources:

https://www.thetrace.org/2026/01/ice-shooting-legal-prosecution-federal-agent/

https://freetheslaves.net/nobodys-free-until-everybodys-free/

https://www.monticello.org/the-art-of-citizenship/the-vitality-of-a-free-press/quotes/#:~:text=%22to%20preserve%20the%20freedom%20of%20the%20human%20mind%20then%20&%20freedom,aliment%20to%20our%20appetite...

https://njhumanities.org/humanities-to-go/psp/what-is-the-meaning-of-free-speech/#:~:text=Benjamin%20Franklin%20once%20said%20%E2%80%9CWithout,provides%20protections%20for%20free%20speech.

https://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution#:~:text=The%20First%20Amendment%20(Amendment%20I,speech%20ended%20up%20being%20first.

https://constitution.congress.gov/browse/essay/amdt1-1/ALDE_00000210/#:~:text=1%20Overview%20of%20First%20Amendment%2C%20Fundamental%20Freedoms,-The%20First%20Amendment&text=U.S.%20Const.,freedoms%20of%20assembly%20and%20petition.

https://www.fletc.gov/use-force-part-i#:~:text=The%20leading%20case%20on%20use%20of%20force,1989%20Supreme%20Court%20decision%20in%20Graham%20v.

https://www.dhs.gov/sites/default/files/publications/mgmt/law-enforcement/mgmt-dir_044-05-department-policy-on-the-use-of-force.pdf