Attorneys Argue 'Broadview Six' Protest Charges Violate First Amendment

Defense lawyers say conspiracy charges have a 'chilling effect' on constitutionally protected protest activities.

Mar. 16, 2026 at 9:57pm

Got story updates? Submit your updates here. ›

Lawyers representing the 'Broadview Six' protesters in Illinois have filed a motion to dismiss the main conspiracy charge against their clients, arguing that it criminalizes their First Amendment rights to free speech and assembly. The motion states the charges create a 'chilling effect' on public protest activities and that police body camera footage shows the ICE agent drove into the peaceful protest, rather than the protesters damaging the vehicle.

Why it matters

This case highlights the ongoing tensions between law enforcement, immigration policy, and the constitutional rights of protesters. The motion to dismiss argues the charges could discourage people from exercising their right to assemble and demonstrate, which has broader implications for civil liberties and social movements.

The details

The 'Broadview Six' are a group of Democratic politicians and activists charged with conspiring to impede an ICE agent and damage their vehicle during a protest at the Broadview ICE facility last year. The defense attorneys argue the main conspiracy charge elevates misdemeanor property damage allegations into a felony, and that police body camera footage shows the agent drove into the peaceful protest, rather than the protesters damaging the vehicle.

  • The protest occurred on September 26 of last year.
  • A status hearing in the case is scheduled for March 31, 2026.
  • A jury trial is set to begin on May 26, 2026.

The players

Katherine 'Kat' Abughazaleh

A candidate in the Democratic primary for the 9th Congressional District seat.

Andre Martin

Abughazaleh's deputy campaign manager, originally from Providence, Rhode Island.

Michael Rabbitt

The 45th Ward Democratic Committeeman.

Brian Straw

An Oak Park Village Trustee.

U.S. District Judge April Perry

The judge presiding over the case.

Got photos? Submit your photos here. ›

What they’re saying

“Their only actions — aside from bracing themselves against a vehicle that drove into a crowd of protesters — was being in that crowd of protesters.”

— Defense attorneys

“The motion states police body-worn camera footage unearthed by the defense shows the agent was the one who drove slowly and deliberately into a peaceful and legal protest that day, and that none of those charged with conspiracy were shown doing any physical damage.”

— Defense attorneys

“The case leaves members of the public 'understandably confused' whether simply being at a protest where immigration agents are present 'will be interpreted by the Government as participation in a conspiracy.'”

— Defense attorneys

What’s next

U.S. District Judge April Perry is scheduled to hold a status hearing in the case on March 31, 2026. A jury trial is scheduled to begin on May 26, 2026.

The takeaway

This case highlights the ongoing tensions between law enforcement, immigration policy, and the constitutional rights of protesters. The motion to dismiss argues the charges could discourage people from exercising their right to assemble and demonstrate, which has broader implications for civil liberties and social movements.