From Judge Ann Aiken (D. Ore.) Wednesday in Longworth v. Noem:
Plaintiffs Chloe Longworth and Anna Lardner regularly protest on city-owned sidewalks in front of the federal building in Eugene, Oregon, located between 6th and 7th Avenues and Pearl and High Streets. Plaintiffs protest there at least once per week, and sometimes more frequently.
In June 2025, DHS finalized new rules regarding the protection of federal property…. The new rules expanded the geographic scope of the previous rules to include areas outside federal property. Specifically, the regulation now found at 6 C.F.R. § 139.35(c) prohibits "Creating a loud or unusual noise, noxious odor, or other nuisance." … This applies to "Federal property or in areas outside Federal property that affects, threatens, or endangers Federal property or persons on Federal property.
The regulations contain applicable definitions at 6 C.F.R. § 139.15, but neither "loud" nor "unusual" is defined. Nuisance is defined as "a condition, activity, or situation, to include a loud noise or foul odor, that interferes with the use or enjoyment of Federal property." Put together, the Unusual Noice Provision seeks to criminalize creating a loud or unusual noise in areas outside Federal property that affects persons on Federal property and interferes with the use or enjoyment of Federal property.
On November 18, 2025, Ms. Longworth was detained, arrested, and issued a citation for "unusual noise" for using a megaphone on the city-owned sidewalks outside of the federal building. The next day, Ms. Longworth returned to site of the protest, and a federal officer, calling her by name, threatened to arrest her for "yelling." The citation issued on November 18, 2025, was dismissed by the US Attorney's office in early December 2025.
On November 25, 2025, Ms. Lardner was approached by a DHS employee and threatened with arrest for "unusual noise" for speaking through a megaphone on the public sidewalk.
Likely unconstitutional, the court held:
