Written By JR Robinson

The ACLU of Tennessee's recent legal letter to Memphis Mayor Paul Young and Police Chief C.J. Davis demands strict adherence to the Modified Kendrick Consent Decree amid the deployment of National Guard troops and federal agents by President Trump's "Memphis Safe Task Force." The letter warns against the Memphis Police Department (MPD) sharing surveillance intelligence or coordinating with federal forces in ways that infringe on residents' First Amendment rights to free speech, assembly, and association. This decree is a critical safeguard rooted in decades of protection following historically abusive surveillance practices targeting civil rights activists in Memphis.

Background on Federal Deployment and Task Force

President Trump recently ordered the deployment of National Guard troops and federal agencies, including immigration authorities and the FBI, to Memphis as part of a "Memphis Safe Task Force" to address crime, continuing a pattern of targeting major cities with federal law enforcement intervention. This move has prompted concern due to its reliance on "hypervigilant policing" and "large-scale saturation" tactics that risk violating constitutional protections and existing consent decrees governing police conduct.

Modified Kendrick Consent Decree Overview

The Modified Kendrick Consent Decree is a long-standing legal agreement born from the 1970s revelations that Memphis police conducted illegal surveillance of civil rights activists, including those connected to Dr. Martin Luther King Jr.’s assassination. Updated recently to include protections against modern surveillance methods such as social media monitoring, it strictly limits MPD's ability to investigate or share intelligence related to political speech and lawful protests. The decree requires that MPD police activities must not interfere with constitutionally guaranteed freedoms, even in criminal investigations.

ACLU's Specific Legal Demands and Warnings

The ACLU's letter outlines clear prohibitions:

• No sharing of “First Amendment-related intelligence” with federal agencies unless accompanied by parallel criminal investigations.

• No coordination of surveillance of political demonstrations or lawful assemblies with National Guard units.

• No granting federal forces access to city surveillance systems for political intelligence.

• No bypassing legal authorization procedures for investigations touching constitutional activities.

The ACLU stresses that federal involvement heightens the need for strict decree compliance to prevent MPD from using federal cooperation as a loophole for unlawful surveillance.

Context of Recent DOJ Report and Police Misconduct Scrutiny

This federal deployment occurs against a backdrop of continued scrutiny of Memphis police practices. The December 2024 Department of Justice report under the Biden Administration found patterns of excessive force, racial discrimination, and rights violations by MPD officers. Despite this, MPD has resisted transparency by denying public records requests related to use-of-force incidents and investigations, a stance unique among police departments nationally. This resistance, combined with the Trump Administration's redaction of DOJ findings, fuels concerns about accountability during the federal task force operations.

Community and ACLU Response

ACLU-TN Executive Director Miriam Nemeth emphasizes that constitutional rights remain intact despite federal troop presence, highlighting the decree's historical significance in protecting civil rights in Memphis and opposing any return to surveillance abuses. The ACLU demands immediate action:

• Written protocols to limit information sharing with federal forces.

• Training of MPD officers on compliance.

• Public notification on how residents can report suspected decree violations.

This legal push aims to ensure that heightened federal enforcement does not erode the hard-won civil liberties protected under the Modified Kendrick Consent Decree as Memphis navigates this critical moment.