Oregon judge clears way for Antifa to attack Eugene federal building, rules their 1A rights were violated when fence was installed

A federal judge in Oregon has ordered that fencing erected around a Eugene federal building that has been the target of violent anti-ICE riots must be taken down. The federal building houses Immigration and Customs Enforcement, as well as other federal agencies. 

US District Judge Mustafa Kasubhai said Monday, "The evidence is clear, convincing, really without any meaningful dispute, that for the time this place has existed, it has been a place where the community has assembled to express themselves." The Biden-appointed judge ruled from the bench following arguments that were held on Monday, per Courthouse News Service. 

Siding with a group of activists who claimed that their First Amendment rights had been violated by the fence installation, Judge Kasubhai ordered that the federal government remove the fence within 48 hours. The activists argued that the fencing had also blocked access to a plaza that had traditionally been used as a public meeting ground.

The fencing was installed in late April, with Eugene Police Chief Chris Skinner announcing the move in February, saying it came in response to violent protests and riots that had occurred in the plaza in January. Workers were seen boarding up the building following a violent attack carried out by agitators that included Antifa militants. 

The General Services Administration, which manages the Eugene building, told the city that the fence was expected to be in place temporarily for a period of two years to protect it and facilitate repairs. The GSA also said that it would provide a designated area for protesters to gather on another plaza. 

The activists claimed that the government intended to chill their free speech, with attorney Marianne Dugan, who represented the plaintiffs, saying, "Here we have extreme overkill." The protestors also claimed that the new designated area was too small. 

James Blum, with the US Attorney’s OFfice, said, "There was an ongoing security situation that began increasing in what’s called amplitude in and around September 2025." Multiple arrests were made in September after agitators attempted to siege the building. 

The government argued that the fencing doesn’t stop protests, and that groups can apply for permits to meet in the plaza, while the protestsers said the permiting process takes multiple days and "chills their right to spontaneous and anonymous protest," Courthouse News reported. 

Kasubhai also noted that it was troublesome that the federal government changed it website, removing references to the plaza being a longtime gathering place for the expression of free speech. "It raises significant concern for me that history is revised, erased really, by GSA’s removal of that same reference and acknowledgement of the forum in its current website," he said. The website removed reference to the plaza playing a "significant civil role in the early 1970s and during the Vietnam War. The plaza was and remains a favored venue as a stage for protests against the government’s policies."

Kasubhai had initially determined that the fencing should only be pushed back closer to the building, opening up the courtyard and plaza. The GSA suggested that the process could take several months, with the judge saying, "I’m not sure the First Amendment can wait that long." Instead, Kasubhai ruled that the fence be removed entirely. The government may be allowed to install the fence again, granted it does not obstruct access to the plaza.