Judge finds Noem, Rubio cooperated to 'chill' free speech of pro-Palestine academics

A federal judge on Tuesday fumed over President Donald Trump's efforts to deport academics who have expressed support for the Palestinian cause.

The Trump administration has attempted to curb what it calls "antisemitism" on college campuses in response to the pro-Palestinian demonstrations that erupted nationwide in the wake of the Oct. 7 Hamas raid on Israel in 2023. The effort has earned criticism from the left and right alike over its potential encroachments on free speech. Among the most high-profile incidents was the administration's move to deport Mahmoud Khalil, a Columbia University graduate and non-citizen who helped to organize pro-Palestinian activities.

The case in question saw a number of advocacy groups sue Rubio and Noem in their official capacities, alleging coordination to curb certain speech, in violation of the First Amendment.

"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 United States actually have the same free speech rights as the rest of us," wrote Judge William Young. "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," he added.

Young also found that Department of Homeland Security Secretary Kristi Noem and Secretary of State Marco Rubio "deliberately and with purposeful aforethought, did so concert their actions and those of their two departments intentionally to chill the rights to freedom of speech and peacefully to assemble of the non-citizen plaintiff members of the plaintiff associations."

Ben Whedon is the Chief Political Correspondent at Just the News. Follow him on X.