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Christian Burke, a 24-year-old Portland stand-up comedian known as Creme Brulee, pleaded not guilty Monday to a single misdemeanor charge of assaulting a federal officer during a counterprotest downtown.

Burke is accused of flinging a large rock at a Federal Protective Service officer during a demonstration on Aug. 22, a federal prosecutor said. Burke was arrested on Sunday afternoon in the 1500 block of Southwest First Avenue.

As part of the conditions for release pending trial, Burke must not participate in a counterprotest, according to a negotiated agreement between the prosecutor and Burkes defense lawyer.

U.S. Magistrate Judge Stacie F. Beckerman hesitated to impose the condition, questioning how it would not violate Burkes First Amendment rights.

Assistant U.S. Attorney Parakram Singh told the judge that Burkes lawyer agreed that Burke would not affirmatively go to a location where an opposing protest is already ongoing.

Defense lawyer Richard Lee McBreen III said his client accepted the condition.

While Beckerman noted that the condition is arguably a violation of your First Amendment rights, she accepted the defendants waiver of the right and imposed what she called the negotiated condition.

Christian R. Burke, 24, pleaded not guilty to assault on a federal officer during a brief hearing Monday in U.S. District Court in Portland.

Burke also must not carry or possess any weapons, including guns, lasers or other objects used as weapons during protests and not come within a five-block radius of the Mark O. Hatfield United States Courthouse in downtown Portland as the case continues, except to make a court appearance if necessary.

Our goal is to keep you out of custody and keep you safe, Beckerman said.

On Aug. 22, right-wing demonstrators clashed with left-wing counterprotesters outside the Justice Center and the Edith Green-Wendell Wyatt Federal Building on Southwest Third Avenue.

A Federal Protective Service agent saw a large rock thrown "directly towards him coming from the crowd,'' according to a release from the U.S. Attorneys Office. The rock struck a tree near the agent, and another federal officer identified Burke as the person who threw it, according to the U.S. Attorneys Office. Video evidence confirmed Burkes involvement, according to federal prosecutors.

Burke was arrested Sunday after an earlier attempt by a plainclothes federal officer to arrest Burke on Friday during an art therapy event in Irving Park was unsuccessful and drew scorn on social media.

Burke is one of 40 people accused of assaulting a federal officer during protests in Portland since shortly after the death of George Floyd, a Black man who died after a Minneapolis police officer knelt on his neck despite Floyds protestations that he couldnt breathe. Burke is one of 91 people facing federal prosecution in Portland from actions during protests in the city.

Burke uses a dance and comedic platform to react to injustices, Burke said in late July interview with Willamette Week.

Reached later Monday afternoon, Burke responded to questions about the case only by urging people to write in Teressa Raiford, a longtime Black Lives Matter activist, for Portland mayor in Novembers election.

In late July, a condition imposed by a different magistrate judge required about a dozen protesters arrested that month not to participate in any public demonstrations or public assemblies while on release,. But all parties agreed the condition was unconstitutional and it was dropped. The no-protest provision had been added when a defendant balked at a proposed curfew.

Nora Benavidez, a spokeswoman from PEN America, a nonprofit organization that celebrates literature and free expression, said in late July that any restrictions forcing First Amendment-abiding protesters to sign away their right to demonstrate to be released were gross violations of free speech and assembly.

-- Maxine Bernstein

Email at mbernstein@oregonian.com; 503-221-8212

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Portland stand-up comedian accused of throwing rock at officer agrees not to participate in counterprotest as - OregonLive