Following executive orders issued by President Trump in January, the federal agencies that enforce the immigration laws have arrested and detained several people associated with U.S. colleges and universities, including a legal permanent resident, on the basis of constitutionally protected speech and association. Today’s filing argues that the ideological-deportation policy has created a climate of repression and intense fear on university campuses, “terrorizing students and faculty for their exercise of First Amendment rights in the past, intimidating them from exercising those rights now, and silencing political viewpoints that the government disfavors.”
The following can be attributed to Jameel Jaffer, executive director at the Knight First Amendment Institute:
“The First Amendment means the government can’t arrest, detain, or deport people for lawful political expression—it’s as simple as that. This practice is one we’d ordinarily associate with the most repressive political regimes, and it should have no place in our democracy.”
The following can be attributed to Ramya Krishnan, senior staff attorney at the Knight First Amendment Institute:
“This lawless policy has created a climate of repression and fear on university campuses across the country. Students and faculty shouldn’t have to live in fear that participating in a lawful protest will result in ICE agents seizing them from their homes.”
The following can be attributed to Todd Wolfson, American Association of University Professors:
“The Trump administration is going after international scholars and students who speak their minds about Palestine, but make no mistake: they won’t stop there. They’ll come next for those who teach the history of slavery or who provide gender-affirming health care or who research climate change or who counsel students about their reproductive choices. We all have to draw a line together—as the old labor movement slogan says: an injury to one is an injury to all.”
The following can be attributed to Aslı Bâli, president of MESA:
“The Middle East Studies Association joined this case because the threats and actions taken against noncitizen scholars and students have chilled their ability to engage in speech and association in ways that harm our entire field of study. This issue cuts to the core of our mission as a scholarly association—to facilitate the free exchange of ideas. It is incumbent upon us to support the interests of our members and stand up for the speech rights of all of our colleagues and students.”
In addition to the AAUP and MESA, plaintiffs include AAUP chapters at Harvard, Rutgers, and NYU. The associations’ members include tens of thousands of faculty and students across the country.
Lawyers on the case include Jaffer, Krishnan, Alex Abdo, Carrie DeCell, Xiangnong (George) Wang, Talya Nevins, and Jackson Busch for the Knight First Amendment Institute, Ahilan Arulanantham, and Edwina Clarke for Zimmer, Citron & Clarke.
About the American Association of University Professors
The mission of the American Association of University Professors (AAUP) is to advance academic freedom and shared governance; to define fundamental professional values and standards for higher education; to promote the economic security of faculty, academic professionals, graduate students, postdoctoral fellows, and all those engaged in teaching and research in higher education; to help the higher education community organize to make our goals a reality; and to ensure higher education’s contribution to the common good. Founded in 1915, the AAUP has helped to shape American higher education by developing the standards and procedures that maintain quality in education and academic freedom in this country’s colleges and universities.
About the Middle East Studies Association
The Middle East Studies Association (MESA) is a non-profit association that fosters the study of the Middle East, promotes high standards of scholarship and teaching, and encourages public understanding of the region and its peoples through programs, publications and services that enhance education, further intellectual exchange, recognize professional distinction, and defend academic freedom. https//mesana.org
About the Knight First Amendment Institute at Columbia University
The Knight First Amendment Institute defends the freedoms of speech and the press in the digital age through strategic litigation, research, policy advocacy, and public education. It promotes a system of free expression that is open and inclusive, that broadens and elevates public discourse, and that fosters creativity, accountability, and effective self-government. https://knightcolumbia.org/
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Several prominent organizations have recently filed lawsuits challenging a policy implemented by the Trump administration that targets students and faculty for their speech. The American Association of University Professors (AAUP), the Middle East Studies Association (MESA), and the Knight First Amendment Institute at Columbia University have all taken legal action in response to what they see as a violation of free speech rights.
The policy in question, known as Executive Order 13873, was signed by President Trump in May 2020. It directs federal agencies to consider withholding federal funding from universities that fail to comply with certain free speech standards, including protecting the rights of students and faculty to express their views without fear of censorship or retaliation.
However, critics argue that the policy is overly broad and could have a chilling effect on academic freedom. They point to instances where universities have been pressured to cancel events or disinvite speakers due to concerns about losing federal funding. This, they say, undermines the principles of free speech and open inquiry that are essential to a thriving academic community.
The AAUP, MESA, and the Knight Institute have all filed separate lawsuits challenging the constitutionality of Executive Order 13873. They argue that the policy violates the First Amendment rights of students and faculty by creating a system of government censorship and control over academic speech.
In a statement announcing their lawsuit, the AAUP said, “The government has no business policing the speech of students and faculty on college campuses. This executive order is a direct attack on academic freedom and must be struck down.”
Similarly, MESA President Dina Rizk Khoury stated, “We cannot allow the government to dictate what can and cannot be said on our campuses. Academic freedom is a fundamental principle that must be protected at all costs.”
The Knight Institute, which has been at the forefront of defending free speech rights in the digital age, also weighed in on the issue. Jameel Jaffer, the Institute’s executive director, said, “This executive order represents a dangerous escalation of the government’s efforts to control speech on college campuses. We cannot allow this kind of censorship to go unchallenged.”
As these lawsuits make their way through the courts, it remains to be seen how the legal system will ultimately decide on the constitutionality of Executive Order 13873. But one thing is clear: these organizations are committed to defending the rights of students and faculty to speak freely and openly on college campuses, without fear of government interference or censorship.
