DHS February 2022 Terrorism Advisory – Chilling of Election Integrity Speech (US)

[Reasonable Inference – Chilling effect on investigative journalism and litigation] The U.S. Department of Homeland Security issued a Terrorism Advisory System Bulletin on February 7, 2022, explicitly classifying “false or misleading narratives regarding unsubstantiated widespread election fraud” as a “terrorism threat driver.” This bulletin was issued in the post-election period while litigation and investigation into the 2020 election remained active. Its legal and practical effect was to place citizens and attorneys raising election integrity concerns – including those with documented evidentiary bases – in proximity to a national security threat classification, creating an atmosphere in which journalism covering election integrity findings would be associated with terrorism facilitation. Media outlets widely covered the bulletin without adequately noting its First Amendment implications.