Judge sides with student journalists against Secretary of State Marco Rubio
The Trump administration cannot deport noncitizen students over political speech, a federal judge ruled Friday.
“Foundational to America’s enduring democracy are our freedoms of speech and the press embodied in the First Amendment,” Judge Noël Wise wrote in the decision.
“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. That strength is diminished when members of our society — citizens and noncitizens alike — must self-censor and ‘behave’ or suffer the government’s retaliation,” she wrote.
In August 2025, Stanford University student journalists and an anonymous international student sued Secretary of State Marco Rubio after the federal government began revoking visas of noncitizen students engaged in pro-Palestinian advocacy.
The Stanford Daily alleged that these actions created a severe “chilling effect” on its student newsroom.
The lawsuit challenged the constitutionality of two provisions in the Immigration and Nationality Act. One allows the secretary of state to begin deportation proceedings against any noncitizen over protected speech that harms a compelling foreign policy interest. The other permits the secretary to revoke noncitizens’ visas at any time for any reason, The College Fix previously reported.
“The First Amendment cements America’s promise that the government may not subject a speaker to disfavored treatment because those in power do not like his or her message,” the lawsuit reads.
It also states that noncitizen student reporters withdrew from political reporting, pulled bylines, asked to unpublish commentary, or resigned from the newsroom altogether out of fear of deportation.
Judge Noël Wise ruled in the students’ favor.
The Foundation for Individual Rights and Expression, which represented the students, applauded the ruling as a win for free speech.
“In America, free speech doesn’t just belong to the people who say things the government agrees with,” attorney Conor Fitzpatrick said. “Today’s ruling proves that free speech isn’t a privilege, but the inalienable right of every man, woman, and child.”
George Porteous, editor-in-chief of The Stanford Daily, also celebrated the ruling, stating, “The reporters in our newsroom shouldn’t have to fear that writing a story will result in their deportation.”
“The Court’s decision will enable our reporters to focus on what they do best: asking tough questions and reporting the truth,” he said.
The ruling comes amid a broader crackdown. The Trump administration has revoked over 6,000 student visas, citing national security and public safety as the reasons for doing so, The College Fix previously reported.
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