Non Citizens And Free Speech Rights: AAUP v Rubio

On September 30, 2025 a federal judge in Boston issued one of the most important decisions that has been rendered during the 9 months of Donald Trump's second term. Following a nine-day trial in July that included the testimony of 15 witnesses and the admission of scores of documents, US District Judge William G. Young of the U.S. District Court for the District of Massachusetts ruled that the Trump administration’s policy of arresting, detaining, and deporting noncitizen students and faculty members for their pro-Palestinian advocacy violates the First Amendment. Judge Young was nominated by President Ronald Reagan and has served on the court for over 40 years. While there have been over 200 other court rulings involving Trump since January, this was the first decision following a full-dress trial.

The case, known as AAUP v Rubio, was brought by the Knight First Amendment Institute at Columbia University, partnering with the law firm of Sher Tremonte LLP, representing the American Association of University Professors, including AAUP chapters at Harvard, Rutgers, and NYU, and the Middle East Studies Association (MESA). The associations’ members include tens of thousands of faculty and students across the country.

In his historic ruling, Judge Young wrote, “This case—perhaps the most important ever to fall within the jurisdiction of this district court—squarely presents the issue whether non-citizens lawfully present here in [the] United States actually have the same free speech rights as the rest of us. The Court answers this Constitutional question unequivocally ‘yes, they do.’ ‘No law’ means ‘no law.’ The First Amendment does not draw President Trump’s invidious distinction and it is not to be found in our history or jurisprudence.”

Jameel Jaffer, executive director at the Knight First Amendment Institute, called it "a historic ruling that should have immediate implications for the Trump administration’s policies. If the First Amendment means anything, it means the government can’t imprison people simply because it disagrees with their political views. We welcome the court’s reaffirmation of this basic idea, which is foundational to our democracy.” Todd Wolfson, president of the AAUP, issued the following statement shortly after Judge Young issued his historic ruling: “The Trump administration’s attempt to deport students for their political views is an assault on the Constitution and a betrayal of American values. This trial exposed their true aim: to intimidate and silence anyone who dares oppose them. If we fail to fight back, Trump’s thought police won’t stop at pro-Palestinian voices—they will come for anyone who speaks out. Defending democracy means standing up now—loudly, visibly, and together.”

Having found that the policy violates the First Amendment, in the coming weeks, Judge Young is expected to turn to the question of what appropriate judicial relief should be granted.

Guest - Ramya Krishnan, senior staff attorney at the Knight First Amendment Institute. Ramya served as lead counsel at the trial and presented the opening and closing arguments to the court. She holds a B.A. and LL.B. from the University of Sydney, where she served as an editor of the Sydney Law Review, and an LL.M. from Columbia Law School, where she was a Raymond J. Baer Scholar.

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Algorithmic Literacy for Journalists

Artificial intelligence is transforming the newsroom—from how stories are written, and headlines are chosen, to which readers see which articles. Algorithms, those invisible sets of instructions that guide everything from Google searches to social media feeds, are now shaping journalism itself. They can amplify—or silence—voices, and determine which stories gain traction in the public sphere. For journalists, understanding how these systems work isn’t just technical—it’s essential to democracy.

Algorithmic Literacy for Journalists is a new online resource that helps reporters and editors navigate this complex new terrain. The project equips journalists to hold technology platforms accountable, explain AI’s influence to the public, and confront the hidden biases and power structures embedded in algorithmic systems.

Guest - founder of Algorithmic Literacy for Journalists, Dr. Andy Lee Roth the editor-at-large for Project Censored and its publishing imprint, The Censored Press. He co-edits the State of the Free Press yearbook series and co-authored The Media and Me: A Guide to Critical Media Literacy for Young People. A sociologist, since joining Project Censored in 2006, Andy has led media literacy initiatives, including developing Algorithmic Literacy for Journalists, a web resource helping reporters understand how AI shapes—and sometimes distorts—news and society.