Trump Censorship Machine Loses Again in Court

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 […]

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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.

When former president Donald Trump was campaigning to get elected as president in 2024, he openly promised at a campaign event, “One thing I do is, any student that protests, I throw them out of the country. You know, there are a lot of foreign students. As soon as they hear that, they’re going to behave.” This was a linchpin of the promise on Trump’s campaign website to “make our college campuses safe and patriotic again.”

Trump presumed that non-citizens have zero right to free speech and his appointees have enforced that policy with an iron fist. On March 25, 2025, masked ICE agents seized Rumeysa Ozturk—a Turkish graduate student—off the streets outside Boston. Ozturk was locked up for 45 days and her student visa covertly canceled because she co-authored an op-ed criticizing Tufts University for failing to divest from Israel in response to the genocide in Gaza. Secretary of State Marco Rubio vilified her as a “lunatic” and implied that the feds had ample evidence of her crimes and abuses. Rubio later justified targeting Ozturk because she met the standard of “people that are supportive of movements that run counter to the foreign policy of the United States.” (Ironically, a large majority of Americans now oppose Trump’s foreign policy regarding his war on Iran). A leak to the Washington Post revealed that the feds had nothing on her—except that op-ed. Federal Judge William Sessions ordered Ozturk released because her arrest “potentially chills the speech of the millions and millions of people in this country who are not citizens.” But that was the whole point.

Last September, in a case similar to the Stanford Daily case, federal judge William Young ruled that the Trump’s administration’s implementation of the Executive Orders (on foreign students),

. . .was targeted intentionally at specific viewpoints in order to chill speech. The evidence presented at trial included the Public Officials’ many public statements suggesting that they wished to staunch public protest related to Israel’s treatment of Palestinians, including the President’s campaign promise that he would put an end to the student protests on this issue by kicking out protestors.

A Trump Executive Order interpreted “support” for terrorists “to be centered on core First Amendment speech and expressive conduct, such as attending public protests, leading such protests, or even publishing op-eds.” Judge Young declared that he “saw virtually no evidence that anyone along the way [any Trump official] seriously questioned whether pure political speech in support of Palestine or against Israel could be construed as support for terrorism.” Instead, that was the self-evident truth driving the crackdown.

The Stanford Daily case vivified how far the Trump administration will go to snuff dissent. A New York Times headline captured the essence of the case: “Judge Rules Trump Unlawfully Targeted Foreign Students Who Criticized Israel.” If a foreign student engaged in violence at a protest, that would be sufficient to deport them regardless of their opinions. But the Trump administration cast a far wider net, relying heavily on a list of 5,000 foreign students provided by the Canary Mission, which, according to Wikipedia, is “an Israel-based anonymously-run doxing website established in 2014 that publishes the personal information of students, professors, and organizations that it describes as anti-Israel or antisemitic.”

Judge Wise’s decision included stunning examples of how far the Trump administration stretched its definition of terrorist support or antisemitism to justify deporting aliens. John Armstrong—the chief of the Department of State’s Bureau of Consular Affairs—carried out Secretary Rubio’s crackdown on non-citizens. During legal proceedings, Armstrong was asked if a “statement calling for limiting military aid to Israel could be covered” (i.e., sufficient to deport). He answered, “[i]n my opinion, yes.” When did foreign aid become sacred?

Judge Wise concluded her 90-page ruling by declaring that the strength of American democracy,

. . .is diminished when members of our society—citizens and noncitizens alike—must self-censor and “behave” or suffer the government’s retaliation. In March 2025, that retaliation was directed at those engaged in pro-Palestine and anti-Israel speech. In September 2025, caught in the government’s net were people critical of Charlie Kirk. In May 2026, it potentially included “weighing in on a peace deal that’s being negotiated” in Iran regarding the Strait of Hormuz. Tomorrow, or perhaps even today, targets may include anyone in the United States who exercises their freedom of speech to simply express opinions the government does not like.

That warning reverberates as the Trump administration further decimates the privacy of Americans returning from abroad, claiming the right to seize and copy all the contents on their cell phones. The Trump administration proposed that foreign visitors will have to surrender their social media passwords before getting a visa to visit here. How long will it be until the same policy is imposed on American citizens?

Judge Wise declared, “Free speech, including the freedom to criticize the government and its leaders, is not a sign of our democracy’s fragility. It is evidence of its strength.” But is that “strength” increasingly a mirage in the United States? And how many other illegal actions has the Trump administration taken to suppress dissent that Americans have not yet heard about?

Final question: Is the Trump administration seeking to vindicate every leftist stereotype about conservatives and Republicans being intolerant authoritarians?

Note: The views expressed on Mises.org are not necessarily those of the Mises Institute.