Alliance to End Repression v. City of Chicago

In the 1970s, a group of individuals and organizations including the Alliance to End Repression (collectively, the alliance) (plaintiffs) sued the City of Chicago (defendant) alleging violations of the alliance’s First Amendment rights by the Chicago police department’s overly intrusive and harassing investigations of alleged subversion. The alliance for the most part comprised political groups engaged in lawful, expressive activities. In 1981, Chicago agreed to entry of a consent decree that imposed detailed and onerous restrictions on the city’s investigations. For example, investigations “directed toward First Amendment conduct,” a defined term referring to any investigation likely to involve the collection of information about protected activity, could occur only to collect evidence of criminal conduct and only if the police already had a reasonable suspicion of criminal conduct. The presiding judge entered the decree despite observing that the restrictions were “draconian” and that she would not have awarded such relief but for the city’s consent. The Chicago police department complied with the consent decree for nearly two decades, all while ideologically motivated terrorism became a constant and ever-present threat to the citizens of Chicago. Thereafter, the city requested a modification of the consent decree, which would allow the police department to monitor potential terrorists and terrorist groups, build a file on monitored entities, and perhaps plant an undercover agent in groups as needed. The district court denied the city’s request to modify, and the city appealed.