The Trump administration’s crusade to crush campus criticism took another wallop on Friday in a California courtroom. Federal judge Noël Wise ruled that the Trump administration’s “ideological-deportation policy” brazenly violated the US Constitution.
The Stanford Daily—one of the best-known college student newspapers in the nation—sued the Trump administration for changing its “immigration policy and pattern of enforcement, namely by arresting, detaining, and deporting students with F-1 visas when those students use their freedom of speech to express opinions that the government does not like.” It asserted that the Trump administration’s “actions have specifically impacted Stanford Daily by decreasing the quantity and diversity of opinion pieces The Stanford Daily is able to publish on the conflict between Israel and Palestine.” Foreign students who had written on the issue requested that their previous articles be deleted, and other foreign students were no longer willing to comment on hot issues.
The Trump administration claims unlimited discretion to silence foreign students by deporting those whose opinions it disapproves of. Judge Wise wrote, “The language of the [First] Amendment makes clear that it is not the government that gives freedom of speech to the people. Instead, that freedom is imbued in the people. . . . It is not the government’s to take.” This is a notion that conservatives instinctively understand when it comes to the Second Amendment and the right of self-defense. But many people fail to recognize the same right for freedom of speech. Conor Fitzpatrick—the chief supervising attorney at the Foundation for Individual Rights and Expression (FIRE)—which represented the student newspaper, declared, “Today’s ruling proves that free speech isn’t a privilege, but the inalienable right of every man, woman, and child.” FIRE president Greg Lukianoff clarified the scope of the ruling:
This ruling does NOT say the government must admit anyone, issue anyone a visa, or grant anyone citizenship. It says that once a person is lawfully here, the government cannot deport them because they engaged in protected speech. The government cannot tell a legal immigrant: An American is free to say this, but if you say it, you’re out.
George Porteous—Editor in Chief of Stanford Daily—hailed the decision: “The reporters in our newsroom shouldn’t have to fear that writing a story will result in their deportation. Today’s victory means they won’t have to.” But it remains to be seen whether this latest judicial rebuff slows the Trump censorship juggernaut.
Hellbound and Down 