"Hott—shockingly— answered 'No' when asked if he agreed 'agree that it's unconstitutional to arrest people for being opposed to Midway Blitz?' Similarly, Bovino testified that he has instructed his officers to arrest protesters who make hyperbolic comments in the heat of political demonstrations"
Thank you! I appreciate it. Right now I’m just doing the dishes and thinking of all the other things I wish I’d said, too. So I really appreciate it.
Big win. Proud of our tireless, tenacious
@thefireorg.bsky.social team — and very grateful for our brave plaintiffs.
JUST FILED: Today FIRE submitted a “friend of the court” brief in defense of Harvard against the Trump administration’s illegal and hostile takeover attempt of the university.
Coming up at the top of the hour! I had a great time talking with Dylan. Thanks for having me!
FIRE is looking for students, faculty, student organizations, and institutions of higher learning who are affected by the administration’s threat to deport non-citizens for protected speech. Help us fight back ⬇️
#BREAKING: A federal judge has ordered the immediate release of Tufts student Rümeysa Öztürk, who faces deportation for writing an op-ed critical of Israel.
No one in America — citizen or not — should fear the government’s wrath for speaking their mind.
Un-American and wrong.
bringing an end to the moral panic that gripped the nation and its officials. Similar themes were sounded during the McCarthy period in the 1950s when thousands of non-citizens were targeted for deportation due to their political views. Ellen Schrecker, Immigration and Internal Security: Political Deportations During the McCarthy Era, Vol. 60 Sci. & Soc'y 393 (1996). Again, the fever passed, but not before Justice Jackson was moved to dissent in U.S. ex rel. Knauff v. Shaughnessy, 338 U.S. 537, 317 (1950), writing in a habeas case concerning the exclusion of a German war bride: Security is like liberty in that many are the crimes committed in its name. The menace to the security of this country, be it great as it may, from this girl's admission is as nothing compared to the menace to free institutions inherent in procedures of this pattern. Justice Minton's majority decision is not much remembered. The wheel of history has come around again, but as before these times of excess will pass. In the meantime, this case-like Colyer and Knauff-is extraordinary in the sense that it calls upon the ancient remedy of habeas to address a persistent modern wrong.
"The wheel of history has come around again, but as before these times of excess will pass. In the meantime, this case—like Colyer and Knauff—is extraordinary in the sense that it calls upon the ancient remedy of habeas to address a persistent modern wrong."
The court also considers the extraordinary setting of this case and others like it. Legal residents-not charged with crimes or misconduct-are being arrested and threatened with deportation for stating their views on the political issues of the day. Our nation has seen times like this before, especially during the Red Scare and Palmer Raids of 1919-1920 that led to the deportation of hundreds of people suspected of anarchist or communist views. In Colyer v. Skeffington, 265 F. 17 (1920), Judge Anderson of the District of Massachusetts granted habeas relief to multiple immigrants detained for their political beliefs. His decision was instrumental in bringing an end to the moral panic that gripped the nation and its officials. Similar themes were sounded during the McCarthy period in the 1950s when thousands of non-citizens were targeted for deportation due to their political views. Ellen Schrecker, Immigration and Internal Security: Political Deportations During the McCarthy Era, Vol. 60 Sci. & Soc'y 393 (1996).
"Our nation has seen times like this before, especially during the Red Scare and Palmer Raids of 1919–1920 that led to the deportation of hundreds of people suspected of anarchist or communist views."
CONCLUSION Petitioner's Motion for Release (Doc. 19) is GRANTED. The court orders the release of Mohsen Madawi on his personal recognizance during the pendency of this habeas proceeding. His release is subject to the following conditions: That he reside in Vermont; That he is permitted to travel to New York State for educational purposes or to meet with his lawyers or as otherwise ordered by the court; That he attend all court hearings in this case in person unless excused by order of the court. 28 2:25-cv-00389-gwc Document 54 Filed 04/30/25 Page 29 of 29 Mahdawi v. Trump, et al. Dated at Burlington, in the District of Vermont, this 30th day of April, 2025. Case No. 2:25-CV-389 Geoffrey W. Crawford, Judge United States District Court
READ NOW: A VT federal judge orders Mohsen Mahdawi released during habeas proceedings.
"Legal residents—not charged with crimes or misconduct—are being arrested and threatened with deportation for stating their views on the political issues of the day."
storage.courtlistener.com/recap/gov.us...
NEW: Judge Sessions DENIES the govt’s request to keep Rümeysa Öztürk in Louisiana as it appeals the court’s jurisdiction and reiterates that ICE must transfer her to Vermont by May 1. storage.courtlistener.com/recap/gov.us...
Please let this pathetic walkback be a lesson to everyone tempted to capitulate
www.nytimes.com/2025/04/18/b...
Talked about why Khalil's detention should concern every American last night on CBC.
I was born and raised in Buffalo. I love our northern neighbors. When Canadians have reason to worry about visiting the United States, things have gone terribly wrong.
youtu.be/MZDbb5D-uKM?...
My students often ask whether there’s any point in being in law school anymore, especially as they witness the rule of law being systematically eroded. That question breaks my heart. It’s also why I urge them, emphatically to stay and fight.
www.washingtonpost.com/politics/202...
VICTORY! Today, a federal judge granted a student group’s motion for a preliminary injunction, preventing Texas A&M officials from blocking a First Amendment-protected student drag show on its College Station campus.
www.thefire.org/news/victory...
Proud of my FIRE team — particularly @jtmorristx.bsky.social and @adamsteinbaugh.bsky.social — for securing this result.
Okay, I wrote a longer thing about @durbin.senate.gov, @amyklobuchar.com, @klobuchar.senate.gov, @whitehouse.senate.gov, @blumenthal.senate.gov apparently wanting to hand Donald Trump a huge weapon with which to censor online speech.
www.techdirt.com/2025/03/21/d...
Need a weekend read? I wrote about the government, newspapers, and the liberty of the press at the Founding.
Take a look and learn from early Americans themselves about how they thought of press freedom and government interference with it.
matthewschafer.medium.com/false-dichot...
“The more people who come forward to defend the Constitution, the greater their chances of success will be.”
www.nytimes.com/2025/03/22/o...
You'd never know it, but there is actually a constitutional provision that gives universities, law firms, and media orgs the *right* to say no to the president when he demands that they prostrate themselves before him.
Paul Weiss hasn’t confirmed any of this. I *really* hope that’s because this is wishful thinking on Trump’s part. I can’t imagine that Paul Weiss’s lawyers would agree to this.
Even if it somehow turns out that Paul Weiss (like Mexico?) only agreed to do stuff they otherwise would have done just to get out from under the Executive Order, firms must fight the very basis of the EO & its attack on the integrity of the legal professions rather than look for an easy way out.
Coalition of civil liberties orgs led by @thefireorg.bsky.social files amicus brief rebuking the U.S. government for detaining Mahmoud Khalil for his free speech, pointing out the unfettered authority Rubio claims has already been declared unconstitutionally vague: www.thefire.org/news/fire-an...
Glad to be on file here, and grateful for the hard work of my colleagues to make it happen. www.thefire.org/news/fire-an...
“I think what’s perhaps most dangerous about this moment is that, given the rhetoric coming out of the administration today, folks across the country are going to think twice before they criticise the government, whether it’s the US government or Israeli government" - @wcreeley.bsky.social
Also Happy 61st to New York Times v. Sullivan. May it live to see 62 (and so on)
