ACLU Wins Settlement for D.C. Resident Detained for Playing Darth Vader Theme at National Guard in Viral TikTok Clips

Screenshots via @freedc20009 on TikTok.

The Force — and the First Amendment — are with Sam O’Hara, a Washington D.C. resident who was handcuffed and detained after following National Guard troops in Washington, D.C. playing the Darth Vader theme from the Star Wars film franchise, with the D.C. police agreeing to settle a lawsuit filed on his behalf by the American Civil Liberties Union of the District of Columbia.

President Donald Trump deployed National Guard troops and sent ICE agents into multiple U.S. cities throughout his second term, claiming it was necessary to combat crime and illegal immigration.

The interference from the feds invoked strong objections from many of the political leaders and local residents of these areas, with multiple lawsuits filed by elected officials and numerous protests — leading to an additional round of lawsuits as protesters argue the federal government is violating their free speech rights.

O’Hara’s TikTok account, @freedc20009, featured dozens of videos of him walking behind or standing near National Guard troops in Washington, D.C., using his phone or a small Bluetooth speaker to play “The Imperial March,” John Williams’ famous musical theme that accompanied the appearance of Darth Vader in Star Wars films beginning with The Empire Strikes Back in 1980. Featured prominently in key plot points throughout the various sequels and prequels in the franchise, “The Imperial March” has been used for years in politically-themed videos and protests to oppose oppressive authoritarian regimes.

The videos posted by O’Hara mostly show the troops ignoring him, and in some cases, even appearing to enjoy the cinematic soundtrack he was providing for their deployment. In the below clips, one Guard member is seen smiling and another is bopping his head along to Williams’ infectious melodies.

Last September, O’Hara was detained and handcuffed by officers with the D.C. Metropolitan Police Department after a member of the National Guard complained about him playing the Star Wars song. O’Hara insisted he was exercising his First Amendment rights and peacefully protesting, but the MPD officers “tightly handcuffed and detained Mr. O’Hara for between 15 and 20 minutes,” according to the complaint.

The complaint further alleges that O’Hara “complained about the tightness of the handcuffs,” one MPD officer “jerked Mr. O’Hara’s arms while he was handcuffing him,” which was painful because of two shoulder surgeries in 2023, and none of the officers did anything to loosen the handcuffs or otherwise alleviate O’Hara’s discomfort, continuing to detain him until he was eventually released without charges.

O’Hara’s attorneys point out in the complaint that their client played the music “at a volume that was audible but not blaring,” “did not speak with the Guard members he trailed,” “did not touch Guard members or interfere in their operations,” ” walked behind the Guard members for only a few minutes,” and “initiated his protests only when he saw Guard members engaged in operations consisting entirely of walking on patrol, as opposed to incidents where Guard members were actively involved in supporting law enforcement.”

The complaint listed five counts: two for violations of his First Amendment rights (suppression of speech and retaliation), one count for violation of his Fourth Amendment rights (unreasonable seizure, unreasonably prolonged seizure, excessive force), and two counts under D.C. law for false arrest/false imprisonment and battery.

First Amendment experts Mediaite interviewed last year about this story assessed O’Hara as having a strong case because of the high level of protections honored for political protests and satire.

The ACLU-DC touted the victory for their client on their social media, making plenty of Star Wars references.

“The law might have tolerated this sort of government conduct a long time ago, in a galaxy far, far away — but we don’t need them here, intimidating residents and violating their constitutional rights,” they wrote.

“The fact of the matter is, sending troops onto American streets puts all our basic rights at risk,” they added in a post sharing their press release. “Today’s victory is a reminder that we’re still a democracy, not an Empire. Our constitutional rights are stronger when we defend them.”

According to the ACLU-DC, the terms of the settlement are confidential, but D.C. “has agreed to pay to settle” O’Hara’s lawsuit. This settlement only covers the MPD and not the National Guard; the litigation against the specific National Guard member involved in the incident is ongoing.

In the press release, O’Hara spoke about the importance of the case.

“The government’s efforts to silence me ultimately backfired and brought more attention to the unjust deployment of the National Guard in Washington, D.C.,” he said. “This settlement serves as a reminder that constitutional freedoms are worth defending, especially when those in power would prefer we stay quiet.”

“Our right to free speech grants us the freedom to criticize the government. Government officials don’t have to like it, but they can’t punish someone for their speech,” ACLU-DC legal director Scott Michelman added. “This episode is another demonstration of the folly of Donald Trump’s deployment of National Guard troops to patrol D.C. We don’t need them here, intimidating residents and violating their constitutional rights.”

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