The Justice Department is intensifying efforts to identify anonymous social media users who have criticized government deportation policies, issuing grand jury subpoenas to Reddit and X demanding names, addresses, and banking information.
The US Attorney's Office for Washington under Jeanine Pirro has subpoenaed the platforms as part of criminal investigations targeting at least two anonymous posters who have criticized Immigration and Customs Enforcement operations, reported Bloomberg.
“They started with an administrative summons, which does not indicate a criminal investigation, and then progressed to the grand jury subpoena, which does,” said Lauren Regan, an attorney representing a Reddit user who posted criticism of ICE. "[That] is further proof that this is a bad faith attempt to unmask the user.”
The targeted users learned of the subpoenas only after being notified by the companies themselves and subsequently hired attorneys to challenge the government demands.
Neither the Justice Department nor the users have been informed what specific crimes are allegedly being investigated, but defense attorneys suspect the investigations may relate to allegations of revealing a federal officer's location data or making perceived threats, but they argue their clients committed no crimes. They contend that even if no charges are ultimately filed, the government's effort to unmask dissenters amounts to intimidation designed to suppress protected free speech.
Court records show the administration initially pursued administrative summonses — which bypass judicial review — but withdrew them after legal challenges. The government then escalated to grand jury subpoenas, which carry the weight of criminal investigations and are far more difficult to challenge.
According to former federal prosecutor Bonnie Greenberg, those challenging such subpoenas face an extremely heavy burden, saying that in her 37-year career as an assistant U.S. attorney, only one person attempted to quash a grand jury subpoena, and the judge ruled against them.
The cases involve relatively innocuous posts. One user posted simply "expletive ICE," while another made what his attorney describes as a sarcastic remark on X that included an address found elsewhere on social media. Defense attorneys note the posts contain no indication of violent intent.
Civil liberties advocates warn the tactic threatens fundamental protections for anonymous speech. First Amendment Coalition Executive Director David Snyder pointed to The Federalist Papers, which founding fathers published under pseudonyms to protect themselves from government retaliation while shaping the nation's founding principles.
Both sets of lawyers have filed motions to quash the subpoenas in federal court, with cases pending before U.S. District Chief Judge James Boasberg.
Reddit has stated it vigorously defends user anonymity and routinely objects to overbroad requests threatening civil rights, but the outcome will likely have significant implications for online speech protections in the current political climate.
