MEMPHIS, Tenn. — Attorneys for the American Civil Liberties Union of Tennessee today filed a motion in federal court asking the court to hold the City of Memphis accountable for alleged violations of the Modified Kendrick Consent Decree arising from the Memphis Police Department’s response to the March 28, 2026 “No Kings” event. The Kendrick consent decree is a longstanding court order that protects Memphians’ First Amendment rights.

The motion alleges that thousands of Memphis residents gathered at Robert R. Church Park for a peaceful political event and march, and that Memphis Police Department officers later used force, including takedowns, pepper spray, and arrests, without adequate warning or justification. According to the motion, MPD’s response interfered with protected First Amendment activity and chilled future political participation. While three demonstrators were arrested during the march, the charges against them were dropped.

The filing asks the court to initiate contempt proceedings based on alleged violations of portions of the consent decree that prohibit the city from disrupting, interfering with, harassing, or deterring people exercising First Amendment rights, and that require authorization for certain police activity likely to collect information about or interfere with First Amendment activity.

“Memphians have the constitutional right to gather, march, speak, and dissent without being met by unjustified police force,” said Lucas Cameron-Vaughn, legal director for ACLU-TN. “The Kendrick Consent Decree exists because Memphis has a painful history of police interference with political expression. Our motion asks the court to enforce its decree and ensure that the city’s promises to protect First Amendment rights are more than words on paper.”

The Kendrick Consent Decree is a landmark federal court order that has protected Memphis residents’ First Amendment rights since 1978 by limiting how MPD can surveil, monitor, intimidate, or interfere with people exercising constitutional rights. The Kendrick Consent Decree grew out of litigation challenging MPD’s domestic intelligence activities, including the collection of information about civil rights leaders, union organizers, and political groups. The court previously found the city in contempt of the decree in 2018 after finding numerous violations, and the city later reaffirmed its obligations under a modified decree.

The motion alleges that MPD failed to obtain required authorization before its response to the “No Kings” event and later issued an overbroad authorization purporting to allow social media monitoring for 90 days without the specific written findings required by the decree to do so. The motion asks the court to require the city to explain its conduct, its current interpretation of the decree, and its administration of the decree’s safeguards.

“This filing is about accountability and prevention,” said Tim Cook, partner at Wilmer Cutler Pickering Hale and Dorr LLP, counsel for ACLU-TN. “The evidence described in the motion shows coordinated police action against people engaged in core First Amendment activity. A show-cause hearing will allow the court to build a full factual record, require the city to explain any noncompliance, and determine what relief is necessary to prevent future violations.”

If the court finds the city in contempt, ACLU-TN states that it will seek sufficient relief to bring the city into compliance with the decree, including potential extended monitoring and additional training.

The case is Blanchard, et al. v. City of Memphis in the United States District Court for the Western District of Tennessee, with ACLU of Tennessee, Inc. as intervening plaintiff.

Today’s motion can be found here: https://www.aclu-tn.org/app/uploads/2026/06/Blanchard-et-al-v.-City-of-Memphis-Tennessee-0575.-06-23-2026-MOTION-for-an-Order-to-Show-Cause-Why-the-City-of-Memphis-Should-Not-Be-Held-in-Contempt-proposed-o-2.pdf

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The American Civil Liberties Union of Tennessee (ACLU-TN) is an affiliate of the national ACLU. For more than 50 years, ACLU-TN has worked to defend the principles of liberty, equality, and justice guaranteed in the U.S. Constitution. Learn more at www.aclu-tn.org.

Wilmer Cutler Pickering Hale and Dorr LLP provides legal representation across a comprehensive range of practice areas that are critical to the success of its clients. The law firm’s leading Intellectual Property, Litigation/Controversy, Regulatory and Government Affairs, Securities and Financial Services, and Transactional Departments participate in some of the highest-profile legal and policy matters. With a staunch commitment to public service, the firm is renowned as a leader in pro bono representation. WilmerHale is over 1,100 lawyers strong with 12 offices in the United States and Europe. For more information, please visit www.wilmerhale.com.

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The Kendrick Consent Decree: Your First Amendment Rights in Memphis

Since 1978, Memphis residents have had a distinct legal protection: a federal court order that places strict limits on how the Memphis Police Department can surveil, monitor, and gather intelligence on people exercising their constitutional rights. That protection is called the Kendrick Consent Decree, and it exists because of what Memphis police once did in secret and what Memphians fought to stop.