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"In little more than 100 days, President Trump and the agencies under his control have threatened First Amendment rights through a breathtaking array of actions."
In an open letter on Monday, seven leading free speech organizations in the United States warned that the capitulation of universities and other institutions to President Donald Trump's demands for suppressed speech affect not just those organizations, their employees, and their students—but the state of U.S. democracy itself.
The Knight First Amendment Institute at Columbia University spearheaded the letter that was signed by the ACLU, the Committee to Protect Journalists, the Foundation for Individual Rights and Expression, the Freedom of the Press Foundation, PEN America, and Reporters Without Borders USA.
"If First Amendment freedoms are compromised, our democracy will be compromised, too," wrote the groups. "Democracy and free speech are inextricably linked. If we are to govern ourselves, we must be able to inquire, speak, write, associate, and protest without fear of governmental retaliation."
It followed several recent victories for some international students who have been arrested for expressing opposition to the United States' support for Israel. Tufts University student Rümeysa Öztürk was marked for deportation and sent thousands of miles away from her home in Massachusetts to a detention facility in Louisiana for writing an op-ed calling on her school to divest from companies benefiting from Israel's assault on Gaza—and was released earlier this month, with a judge saying her detention was a clear assault on the First Amendment.
"If our democracy is to survive, the freedoms of speech and the press need a vigorous, determined defense. Leaders of this country's most powerful, well-resourced, and prestigious institutions must play a larger part in this effort."
Georgetown University scholar Badar Khan Suri was released from immigration detention in Texas last week; he was apparently targeted by the Trump administration for his support for Palestinian rights and because his father-in-law, Ahmed Yousef, was a former adviser to a Hamas leader. Yousef has publicly condemned Hamas' October 2023 attacks.
Columbia graduate Mohsen Mahdawi wore a keffiyeh over his robe at commencement on Monday in solidarity with Palestinians—and received a standing ovation—less than a month after he was freed from detention. He had also been marked for deportation for organizing pro-Palestinian protests.
But another Columbia graduate, Mahmoud Khalil, remains in an Immigration and Customs Enforcement (ICE) detention center in Louisiana more than two months after being accosted at his campus apartment along with his pregnant wife and hustled into an unmarked car by immigration agents for his role in last year's pro-Palestinian protests.
The open letter on Monday did not mention Columbia University by name, but condemned universities and organizations that have capitulated to the White House.
Columbia trustees allegedly collaborated with ICE to detain Khalil, and when threatened with the revocation of $400 million in federal grants and contract, agreed to take a number of steps the Trump administration claimed were aimed at "fighting antisemitism." The school agreed to impose a ban on masks, appointed an administrator to oversee Middle Eastern and Palestinian studies, and hire "special officers" with the authority to swiftly remove people from campus.
"The logic that leads even powerful institutions to compromise or submit in these circumstances is of course easy to understand," reads the open letter. "But when one institution 'bends the knee,' its peers face increased pressure to do the same. Each surrender makes the assertion of First Amendment rights more costly and more perilous. We fear that if major institutions continue to submit rather than stand on their rights, the freedoms of speech and the press will be seriously and perhaps irrecoverably weakened."
Along with its attacks on higher education, the Trump administration has targeted major law firms—terminating their federal contracts and limiting their employees from entering federal buildings—in retaliation for their representation of his political opponents.
Some law firms have filed legal challenges against the president—and won—but others, including Skadden, Arps, Slate, Meagher & Flom, have negotiated with the administration, offering pro bono legal services and promising to end diversity, equity, and inclusion initiatives.
"These actions call for a forceful, uncompromising response. Some institutions have countered in exactly this way, to their credit," wrote the free speech groups on Monday. "It has been disheartening, however, to see so many others capitulating to the administration's unconstitutional demands rather than asserting their rights."
The letter also condemned the Trump administration's decision to bar legal scholars from providing information to the International Criminal Court, which has issued a warrant for the arrest of Israeli Prime Minister Benjamin Netanyahu; its rule banningThe Associated Press from White House press briefings for its refusal to call the Gulf of Mexico by Trump's chosen name, the "Gulf of America"; and the Federal Communications Commission's threat to revoke the licenses of TV and radio networks if the president disagrees with their news coverage.
"In little more than 100 days, President Trump and the agencies under his control have threatened First Amendment rights through a breathtaking array of actions," reads the letter. "If our democracy is to survive, the freedoms of speech and the press need a vigorous, determined defense. Leaders of this country's most powerful, well-resourced, and prestigious institutions must play a larger part in this effort."
Jameel Jaffer, executive director of the Knight First Amendment Institute, warned that "First Amendment freedoms will wither if institutional leaders don't assert and defend them."
"This letter is meant to be a call to duty," he said, "and to civic courage.”
"USDA should be working to protect our food system from droughts, wildfires, and extreme weather, not denying the public access to critical resources," argued one attorney.
Climate defenders and farmers sued the Trump administration in federal court on Monday over "the U.S. Department of Agriculture's unlawful purge of climate-related policies, guides, datasets, and resources from its websites."
The complaint was filed in the Southern District of New York by Earthjustice and the Knight First Amendment Institute at Columbia University on behalf of the Environmental Working Group (EWG), Natural Resources Defense Council (NRDC), and Northeast Organic Farming Association of New York (NOFA-NY).
The case focuses on just one part of Republican President Donald Trump's sweeping effort to purge the federal government and its resources of anyone or anything that doesn't align with his far-right agenda, including information about the fossil fuel-driven climate emergency.
"USDA's irrational climate change purge doesn't just hurt farmers, researchers, and advocates. It also violates federal law several times over," Earthjustice associate attorney Jeffrey Stein said in a statement. "USDA should be working to protect our food system from droughts, wildfires, and extreme weather, not denying the public access to critical resources."
"The Trump administration has deliberately stripped farmers and ranchers of the vital tools they need to confront the escalating extreme weather threats."
Specifically, the groups accused the department of violating the Administrative Procedure Act, Freedom of Information Act, and Paperwork Reduction Act. As the complaint details, on January 30, "USDA Director of Digital Communications Peter Rhee sent an email ordering USDA staff to 'identify and archive or unpublish any landing pages focused on climate change' by 'no later than close of business' on Friday, January 31."
"Within hours, and without any public notice or explanation, USDA purged its websites of vital resources about climate-smart agriculture, forest conservation, climate change adaptation, and investment in clean energy projects in rural America, among many other subjects," the document states. "In doing so, it disabled access to numerous datasets, interactive tools, and essential information about USDA programs and policies."
EWG Midwest director Anne Schechinger explained that "by wiping critical climate resources from the USDA's website, the Trump administration has deliberately stripped farmers and ranchers of the vital tools they need to confront the escalating extreme weather threats like droughts and floods."
NOFA-NY board president Wes Gillingham emphasized that "farmers are on the frontlines of climate impacts, we have been reacting to extreme weather and making choices to protect our businesses and our food system for years. Climate change is not a hoax. Farmers, fishermen, and foresters know from experience, that we need every piece of science and intergenerational knowledge to adjust to this new reality."
Rebecca Riley, NRDC's managing director of food and agriculture, pointed out that "by removing climate information from the USDA's website, the Trump administration is not just making farming harder—it is undermining our ability to adapt and respond to the very challenges climate change presents."
The coalition asked the court to declare the purge unlawful and order the USDA to restore the webpages, to refrain from further implementing Rhee's directive, and to comply with its legal obligations regarding public notices.
“USDA's policies influence everything from the shape of our economy to the food we eat," said Stephanie Krent, a staff attorney at the Knight First Amendment Institute. "USDA's sudden elimination of webpages that used to provide this information hurts all of us. Members of the public have a right to know how the department is implementing its priorities and administering its programs."
The New York Timesreported Monday that "the Agriculture Department referred questions about the lawsuit to the Justice Department, which did not immediately respond to a request for comment." The suit is just one of dozens filed against the Trump administration since the inauguration last month.
Schechinger stressed that "this lawsuit isn't just about transparency—it's about holding those in power accountable for undermining the very information that helps protect the livelihoods of food producers, the food system, and our future."
"This is a deeply misguided ruling that reads important First Amendment precedents too narrowly and gives the government sweeping power to restrict Americans' access to information, ideas, and media from abroad."
First Amendment advocates on Friday criticized a U.S. appellate court for upholding a law that would ban TikTok in the United States if its Chinese parent company does not swiftly sell the social media platform used by an estimated 170 million Americans.
Signed by President Joe Biden in April, the law gives ByteDance until January 19 to divest from TikTok. Three judges from the U.S. Court of Appeals for the District of Columbia Circuit found that the parts of the law considered by the panel "do not contravene the First Amendment" nor other parts of the Constitution of the United States.
"The First Amendment exists to protect free speech in the United States. Here the government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary's ability to gather data on people in the United States," Judge Douglas Ginsburg wrote in an opinion the company is expected to appeal to the U.S. Supreme Court.
Responding to the decision on social media Friday, Ashley Gorski, senior staff attorney with the ACLU's National Security Project, said that "the D.C. Circuit's decision today to uphold the TikTok ban is enormously disappointing. If allowed to stand, it would give the government far too much power to restrict Americans' speech online."
Jameel Jaffer, who was on a friend-of-the-court brief as director of the Knight First Amendment Institute at Columbia University, issued a similar warning after the ruling was released.
"This is a deeply misguided ruling that reads important First Amendment precedents too narrowly and gives the government sweeping power to restrict Americans' access to information, ideas, and media from abroad," he said. "I hope the D.C. Circuit's ruling won't be the last word—and I doubt it will be."
Kate Ruane, director of the Center for Democracy & Technology's Free Expression Project, also looked ahead to the next court fight.
"The D.C. Circuit decision upholding the TikTok ban will immeasurably harm the free expression of hundreds of millions of TikTok users in the U.S. and globally who use the app to create, to share information, to get their news, and promote their businesses," she said in a statement. "We hope the next phase of review of this misguided and overbroad law will be a chance to right this wrong and prevent it from going into effect."
In addition to arguing the law is unconstitutional, attorneys for TikTok and ByteDance "have claimed it's impossible to divest the platform commercially and technologically,"
The Associated Pressreported. "They also say any sale of TikTok without the coveted algorithm—the platform's secret sauce that Chinese authorities would likely block under any divesture plan—would turn the U.S. version of TikTok into an island disconnected from other global content."
U.S. President-elect Donald Trump, who is set to take office one day after the law's divestment deadline, previously supported banning the platform, but during the latest campaign, he pledged to try to "save TikTok." According toThe Washington Post:
Trump is expected to try to halt the TikTok ban, people familiar with his views on the matter told The Washington Post in early November, speaking on the condition of anonymity to discuss private conversations.
Alan Rozenshtein, a former national security adviser to the Justice Department, said Trump could take any of three actions to help TikTok fend off the ban: persuading Congress to repeal the law, directing his new attorney general not to enforce it, and declaring that ByteDance has satisfied the statute by performing a "qualified divestiture" of TikTok.
Although the president-elect hasn't yet weighed in on the new court decision, on Thursday he shared on his Truth Social platform a post-election overview of how his campaign performed on TikTok.
While Trump may move to preserve TikTok in the United States, civil rights attorney and Harvard Law School Cyberlaw Clinic instructor Alejandra Caraballo noted that the court decision's "terrible precedent" is also a concern as he returns to office.
"This will be a test of the U.S.'s ability to shut down access to websites they dislike," Caraballo stressed. "Really bad to do with Trump in office! We could enter a new era of government censorship."