The Steady State Sends Demand Letter to Department of Homeland Security Over Threats to Protected Speech
The Steady State
FOR IMMEDIATE RELEASE
Washington, D.C. — January 26, 2026
The Steady State, an organization of more than 380 former senior U.S. national-security, intelligence, diplomatic, defense, and law-enforcement officials, today sent a formal demand letter to the Department of Homeland Security (DHS) concerning public statements by a senior DHS official threatening “consequences” for individuals engaging in constitutionally protected speech.
The letter, addressed to DHS Secretary Noem responds to recent remarks by Gregory Bovino made while armed, in uniform, and acting in his official capacity, warning that individuals who criticize DHS personnel using terms such as “Gestapo” or “kidnappers” would face unspecified consequences.
The letter reads: “The First Amendment does not permit government officials to threaten retaliation—explicitly or implicitly—against citizens, journalists, or public officials for criticizing the government…[t]hat principle is foundational. When an armed federal official speaks of ‘consequences’ for speech, the chilling effect is immediate, severe, and unlawful.”
The Steady State’s letter places these statements in the broader context of recent DHS activity in Minneapolis, where the policing of protest and expressive activity has involved chemical agents, physical force, arrests, and, most gravely, the killing of Alex Pretti during an encounter arising from expressive conduct directed at federal officers. Against that backdrop, the organization argues, official warnings of “consequences” for speech carry extraordinary coercive force.
The demand letter calls on DHS to:
Publicly retract the statements at issue and affirm that DHS does not threaten or impose consequences for protected speech;
Provide written assurances that DHS will not retaliate against individuals for constitutionally protected expression;
Issue immediate guidance to DHS personnel reaffirming First Amendment protections; and
Disclose whether DHS has collected or maintained information regarding individuals’ exercise of First Amendment rights, as governed by federal law.
The Steady State has also issued a formal preservation notice requiring DHS to retain records related to the statements, relevant internal communications, and the Minneapolis incident.
The letter stated further: “This is not about rhetoric or politics; it is about whether the federal government honors its constitutional obligation not to intimidate the public into silence. Our members spent their careers defending that principle. We will continue to do so now.”
Media Contact:
The Steady State
Powered by WPeMatico