In a December 4
memo, originally
leaked by journalist Ken Klippenstein, the Justice Department encourages federal prosecutors to press "domestic terrorism" charges against people for "doxing" law enforcement officers. While undefined in the
memo, "doxing" in this context is understood to mean the publishing of information that identifies law enforcement officers, which the Justice Department insinuates is a threatening activity used to "silence opposing speech, limit political activity, change or direct policy outcomes, and prevent the functioning of a democratic society."
This definition mirrors previous statements by DHS officials earlier this year, including a
statement made by Noem in July: "Violence is anything that threatens [agents] and their safety, so it's doxing them, it's videotaping them where they're at when they're out on operations." However, much of what the Trump administration tries to paint as the unacceptable "doxing" of law enforcement agents is often observers merely recording on-duty officers—an activity firmly
protected by the First Amendment when no physical interference or danger is present, and an important tool for holding public officials accountable. By broadly defining
domestic terrorism to include something as vague as "doxing," the Trump administration has rolled out a "nationwide policy of intimidating and threatening people who attempt to observe and record DHS operations,"
according to David Bier, the director of immigration studies at the Cato Institute.