“the First Amendment is understood as a general restriction on the government’s behavior, as The Volokh Conspiracy’s Ilya Somin points out.
“The First Amendment’s protection for freedom of speech, like most constitutional rights, is not limited to US citizens,” he writes. “The text of the First Amendment is worded as a general limitation on government power, not a form of special protection for a particular group of people, such as US citizens or permanent residents.”
Setting aside the constitutional issue, the detention of a student activist for engaging in what would clearly be considered First Amendment–protected activity under other circumstances is very alarming. If the State Department wishes to proceed with this course of action, the burden is on the government to sufficiently explain why Khalil should be deported. Authorities must persuasively demonstrate that his conduct crosses some very, very red line.
Yet, at present, the government’s justifications don’t come anywhere close to satisfying such a requirement. On the contrary, the official explanation for Khalil’s detention is so woefully insufficient as to be laughable—except, of course, this matter isn’t funny at all.”
“The lawsuit filed by USAID employees and contractors argued that Musk and DOGE are wielding power the Constitution reserves only for those who win elections or are confirmed by the Senate.”
“The administration maintains that it has the power to revoke Khalil’s green card and deport him because he helped lead pro-Palestinian protests. Indeed, it’s becoming clear that Khalil was targeted because of his speech, rather than any other conduct that might be reasonably construed as criminal behavior.”
“the White House’s social media team had no such concerns as it gleefully bragged about sending dozens of people to a Central American prison without any proof of their guilt.”
…
“The White House says most of the migrants deported over the weekend were believed to be Tren de Aragua members (while others were part of MS-13, a different gang). However, immigration attorneys have pointed out that the administration has not released detailed information about the individuals or explained why they were chosen for deportation.”
…
“The Trump administration’s determination to ignore due process for would-be deportees would be worrying even if it were happening in a vacuum. However, that’s not the case. From the relatively low-stakes willingness of the Department of Government Efficiency to move fast and not wait for permission, to the Trump administration’s attempt to punish law firms for working with the administration’s opponents, and its ongoing attempt to undermine birthright citizenship, the White House is showing little regard for limits on executive authority.
On several different issues, the Trump administration’s “actions reflect an unorthodox conception of American government in which the president pushes his powers to the outer limits, with diminished regard for the checks and balances provided by the legislative and judicial branches,” is how The Wall Street Journal summarized things on Monday.”
“A Rhode Island doctor who is an assistant professor at Brown University’s medical school has been deported to Lebanon even though a judge had issued an order blocking the U.S. visa holder’s immediate removal from the country, according to court papers.
The expulsion of Dr. Rasha Alawieh, 34, is set to be the focus of a hearing on Monday before a federal judge in Boston, who on Sunday demanded information on whether U.S. Customs and Border Protection had “willfully” disobeyed his order.”
“Any decision by the administration to defy federal courts would immediately implicate profound constitutional questions about separation of powers that have kept each branch of the government in check for centuries. That’s in large part because it would test the power of courts to enforce rulings that are supposed to be the final word.
The issue reached a fever pitch on over the weekend when the Trump administration deported hundreds of alleged gang members to El Salvador despite a federal judge’s order that the 19th Century Alien Enemies Act could not be used.”
…
“Legal experts say there are few options to force compliance with its pronouncements. Judges could hold an agency or official in civil or criminal contempt – but that’s about it.
Fears that the Trump administration might deliberately break into a pattern of not following judicial rulings with which it disagrees were amplified last month when a federal judge in Rhode Island, for the second time, told the Trump administration it can’t cut off grant and loan payments after Democratic-led states complained that the administration wasn’t obeying the judge’s previous court order.”
“The flights suggest the Trump administration may be growing more brazen in its defiance of judicial restraint. The U.S. Constitution established the judiciary as a co-equal and independent branch of government.
Trump has sought to push the boundaries of executive power since taking office in January, cutting spending authorized by Congress, dismantling agencies and firing tens of thousands of federal workers.”
…
“On Monday, Trump’s border czar, Tom Homan, said the flights were already in international airspace when the judge’s orders came and that more flights would continue.
“Once you’re outside the border, you know, it is what it is. But they’re in international waters, already on the way south, close to landing. You know what? … We did what we had to do,” he told Fox News’ “Fox & Friends” program.
Asked what was next, Homan said: “Another flight, another flight every day.”
“We’re not stopping. I don’t care what the judges think,” he added.”
“The repression began in 2018 when Ortega’s regime went after the Catholic Church for mediating between the state and anti-government protesters. Since then, targeted retaliation has grown into a full-scale assault on religious freedom.
“The government initially targeted the Catholic Church because it provided sanctuary to demonstrators, and clergy voiced opposition to the government’s human rights abuses,” reports the U.S. Commission on International Religious Freedom. “More recently, the government’s actions have led to full-scale shuttering of the Church’s activities, mass imprisonments, and the targeting of multiple other religious groups.”
Ortega and his wife, Vice President Rosario Murillo, have accused church leaders of being “agents of evil” engaged in “spiritual terrorism.” They claim the clergy is inciting civil unrest and planning to overthrow the regime.
The consequences for religious groups—Catholics and others—have been devastating. Since 2018, over 1,100 religious entities have been forcibly closed, more than 70 individuals detained for their religious affiliations, and 84 priests forced into exile.
Surveillance and harassment of church leaders have become ubiquitous, with the Ministry of Interior imposing strict controls on religious activities and regulating visits from foreign clergy, according to the ICC. Easter processions, Christmas celebrations, and even cemetery prayers have all been outlawed.”
…
“Eighty percent of Nicaraguans identify as Christian, with half being Catholic and 30 percent evangelical. In a country deeply rooted in faith, Ortega’s attack on religion is a calculated effort to suffocate dissent and dismantle spaces of hope and community, tightening his grip on a nation with fewer places left to turn.”
“Multiple lawsuits he’s filed against media operations are “chilling attempts to convert Trump’s complaints about press coverage into causes of action are legally baseless and blatantly unconstitutional,” notes Reason’s Jacob Sullum. He used as an example Trump’s recent social-media post after MSNBC cancelled a TV show: “Fake News is an UNPARDONABLE SIN! The whole corrupt operation is nothing more than an illegal arm of the Democrat Party. They should be forced to pay vast sums of money for the damage they’ve done to our Country.”
Trump, who calls the media the “enemy of the people,” is all for a free press as long as it’s parroting his political line. He recently booted the Associated Press—which despite its biases provides mostly nuts-and-bolts reporting—from presidential events after it refused to start calling the Gulf of Mexico the Gulf of America, following our Chief Mapmaker’s childish edict. This is bullying.
The New York Times reported that the administration “would start handpicking which media outlets were allowed to participate in the presidential press pool, the small, rotating group of reporters who relay the president’s day-to-day activities to the public.” This is not just an assault on protocol, but a glaring attempt to punish outlets that don’t bend the knee. A California Assembly speaker once denied my reporting team press passes for dubious reasons. It’s hard to do one’s job as a journalist if the government denies you access to its activities.
Trump’s interim U.S. attorney for the District of Columbia, Ed Martin, recently threatened criminal investigations of members of Congress and the media who have criticized Elon Musk and his team of DOGE budget-cutters. It’s preposterous for prosecutors to treat feisty comments as “threats,” which is the justification used by Martin’s office. And, as a letter from various civil-rights groups points out, it is certainly not a crime “to identify individuals openly conducting government work that is of the utmost public concern.”
A Trump executive order relating to anti-Israel protests called on universities to “monitor for and report activities by alien students and staff.” It’s fine to deport visiting students who engage in violence and law-breaking—but the highly respected and non-ideological rights group, the Foundation for Individual Rights and Expression (FIRE), argues that this edict “would make universities monitor students’ constitutionally protected speech.”
There are plenty of other examples to belie MAGA’s boast that it champions free-speech absolutism.”