A federal judge ruled Friday that the Trump Administration unconstitutionally used immigration law to silence the speech of international students, including within student media.
It’s a major win for The Stanford Daily, which brought the lawsuit, and for student editors across the country who reported a chilling effect on their publications after aggressive immigration enforcement actions targeted international students based on their pro-Palestinian speech. A coalition of 55 student news organizations and newsroom leaders joined a Student Press Law Center-led amicus brief to support The Daily and highlight the widespread chilling effect.
In her Aug. 28 decision, U.S. District Judge Noël Wise of the Northern District of California held that two provisions of the Immigration and Nationality Act cannot be used to revoke visas or deport noncitizen students because the government disapproves of their constitutionally protected speech. The court found Secretary of State Marco Rubio’s enforcement scheme to be both an unconstitutional viewpoint- and content-based restriction on speech under the First Amendment, and unconstitutionally vague under the Fifth Amendment.
“Stated plainly, in the United States, freedom of speech belongs to the people,” Judge Wise wrote. “It is not the government’s to take.”
Student Press Law Center Executive Director Gary Green celebrated the decision.
“This ruling is a victory for the First Amendment and a clear affirmation that the government cannot weaponize immigration law to punish and silence speech it doesn’t like, including that of student journalists, their sources or their contributors,” Green said.
The lawsuit was filed in August 2025 by pro bono attorneys at the Foundation for Individual Rights and Expression on behalf of The Daily and an anonymous international student.
The suit came after the government detained and attempted to deport several noncitizen students over pro-Palestinian speech and protest activity, including Tufts University student Rümeysa Öztürk for an op-ed she co-authored in The Tufts Daily student newspaper.
The Stanford Daily argued in its suit that the enforcement actions were reshaping its newsroom and coverage. International students on staff withheld bylines, quit or asked for past articles to be taken down, while sources refused to go on the record, all out of fear that their journalism or opinions could cost them their visa status.
That mirrors what many other student outlets reported to the Student Press Law Center’s Legal Hotline, and the judge acknowledged that chilling effect.
“The government has offered a chilling message regarding protected speech — speak out against Israel or in support of Palestinians and we will revoke your visa and deport you. Behave. Noncitizen students heard the warning and heeded. And, as the idiom goes, the silence is deafening,” the judge wrote.
Stanford Daily Editor-in-Chief George Porteous called Friday’s court victory a “good day for the Constitution.”
“The reporters in our newsroom shouldn’t have to fear that writing a story will result in their deportation. Today’s victory means they won’t have to,” Porteous said. “The Court’s decision will enable our reporters to focus on what they do best: asking tough questions and reporting the truth.”
Mike Hiestand, a longtime attorney at the Student Press Law Center, agreed.
“Student journalists should not have to weigh the risk of a federal deportation order every time they publish an article or voice an opinion,” Hiestand said. “As Judge Wise wrote, ‘In the United States, free speech, including the freedom to criticize the government and its leaders, is not a sign of our democracy’s fragility. It is evidence of its strength.’”
The court issued a declaratory judgment — a formal legal finding that the government’s use of these provisions against protected speech is unconstitutional — but it stopped short of an injunction ordering the government to stop. The Trump administration can appeal the decision to the U.S. Court of Appeals for the Ninth Circuit.
The Student Press Law Center will continue to track this case and to support student newsrooms navigating the chilling effects that ripple across the country.
The Student Press Law Center is the nation’s only legal organization devoted exclusively to defending and advancing the free press rights of student journalists. Since 1974, we have helped students and their educators navigate the law, strengthen their reporting and stand up for press freedom. Our legal support, education and advocacy empower student journalists to report freely and courageously. Stay updated by subscribing at splc.org/newsletter.