Breaking: Government Adds Prosecutor in First Amendment Case Against Independent Journalist

In a significant development that raises serious questions about the government’s motives, federal prosecutors have added an additional attorney to their case against independent journalist Matthew Reardon. This escalation comes as Reardon fights for his constitutional rights after being arrested for peacefully protesting government surveillance outside the John M. Shaw Federal Courthouse in Lafayette, Louisiana.

Government Doubles Down with Additional Prosecutor

Court documents obtained by We the People News reveal that on September 19, 2025, the U.S. Attorney’s Office filed a motion to enroll Myers P. Namie as an additional prosecutor in the case. The motion was quickly approved by Magistrate Judge Carol B. Whitehurst on September 22, 2025.

This unusual move to add prosecutorial firepower against a journalist facing a minor regulatory charge suggests the government recognizes the weakness of their case and is preparing for a more aggressive legal battle. The timing is particularly suspicious, coming just days after Reardon’s defense team filed a powerful motion to dismiss based on clear First Amendment violations.

Why the Extra Resources?

The addition of another prosecutor raises troubling questions:

1. Why does the government need additional legal resources to prosecute a single journalist for peaceful protest?
2. Is this an attempt to intimidate Reardon and drain his legal resources?
3. Does this signal the government’s recognition that their case faces serious constitutional challenges?

The Underlying Constitutional Crisis

As previously reported, Reardon was arrested on August 25, 2025, after peacefully protesting outside the federal courthouse. His protest was prompted by his discovery through a Freedom of Information Act request that U.S. Marshals had placed a BOLO (“Be On the Lookout”) alert on him simply for engaging in protected journalistic activities.

The facts remain clear: Reardon was conducting constitutionally protected activities on courthouse steps—a traditional public forum where First Amendment protections are at their strongest. When asked to move his camera equipment, he complied immediately, yet was still arrested when Marshal Newsom forcibly seized his equipment.

Government’s Weak Legal Position

The government’s opposition to Reardon’s motion to dismiss reveals the weakness of their case. They attempt to redefine courthouse steps as “nonpublic forums” to justify their censorship, directly contradicting Supreme Court precedent in United States v. Grace (1983).

Even more telling, the government admits they cannot address Reardon’s as-applied constitutional challenge before trial, essentially acknowledging they need to put him through the ordeal of criminal proceedings before addressing the fundamental constitutional issues at stake.

What This Means for Press Freedom

The addition of another prosecutor signals that this case has become more than just about a single incident—it represents a broader attack on press freedom and the right to criticize government actions. By allocating additional resources to prosecute a journalist for peaceful protest, the government sends a chilling message to independent media and citizen journalists everywhere.

This case now represents a critical test of whether peaceful protest on courthouse steps—a location specifically recognized by the Supreme Court as a traditional public forum—can be criminalized when that protest criticizes government officials.

The Path Forward

Despite the government’s escalation, Reardon’s defense remains strong, grounded in binding Supreme Court precedent that clearly protects political protest in traditional public forums. His defense team has cited Edwards v. South Carolina (1963) and United States v. Hylton, which affirm that criminal sanctions cannot be imposed for the “legitimate and protected exercise of the right to petition for the redress of grievances.”

As this case proceeds with heightened government resources aligned against a single journalist, We the People News will continue to monitor developments and fight for the constitutional rights that protect all Americans’ ability to hold their government accountable.

Don Matthews is the founder of We the People News, an independent journalism platform dedicated to government accountability and constitutional rights.