Will Creeley

@wcreeley.bsky.social

I defend freedom of expression as Legal Director for the Foundation for Individual Rights and Expression. Here for civil liberties. Opinions my own.

"Hott—shockingly— answered 'No' when asked if he agreed 'agree that it's unconstitutional to arrest people for being opposed to Midway Blitz?' Similarly, Bovino testified that he has instructed his officers to arrest protesters who make hyperbolic comments in the heat of political demonstrations"

Jon Seidel@jonseidel.bsky.social · 9mo ago

Overnight court filings seem to be giving us a peek at what U.S. Border Patrol commander Greg Bovino said in his deposition so far (it apparently continues today):

FIRE is looking for students, faculty, student organizations, and institutions of higher learning who are affected by the administration’s threat to deport non-citizens for protected speech. Help us fight back ⬇️

Defend free expression against Marco Rubio’s speech police

Secretary of State Marco Rubio is claiming authority to expel any non-citizen at any time for any speech the administration deems contrary to its “foreign policy.”

go.thefire.org

#BREAKING: A federal judge has ordered the immediate release of Tufts student Rümeysa Öztürk, who faces deportation for writing an op-ed critical of Israel. No one in America — citizen or not — should fear the government’s wrath for speaking their mind.

Foundation for Individual Rights and Expression @thefireorg.bsky.social · last yr.

#FILED: Detaining Tufts University student Rümeysa Öztürk for writing an op-ed critical of Israel is both unlawful and un-American. Now, FIRE is standing with Ms. Öztürk against this authoritarian act.

"The wheel of history has come around again, but as before these times of excess will pass. In the meantime, this case—like Colyer and Knauff—is extraordinary in the sense that it calls upon the ancient remedy of habeas to address a persistent modern wrong."

bringing an end to the moral panic that gripped the nation and its officials. Similar themes were
sounded during the McCarthy period in the 1950s when thousands of non-citizens were targeted for deportation due to their political views. Ellen Schrecker, Immigration and Internal Security:
Political Deportations During the McCarthy Era, Vol. 60 Sci. & Soc'y 393 (1996). Again, the fever passed, but not before Justice Jackson was moved to dissent in U.S. ex rel. Knauff v.
Shaughnessy, 338 U.S. 537, 317 (1950), writing in a habeas case concerning the exclusion of a
German war bride:
Security is like liberty in that many are the crimes committed in its name. The menace to the security of this country, be it great as it may, from this girl's admission is as nothing compared to the menace to free institutions inherent in procedures of this pattern.
Justice Minton's majority decision is not much remembered. The wheel of history has come
around again, but as before these times of excess will pass. In the meantime, this case-like
Colyer and Knauff-is extraordinary in the sense that it calls upon the ancient remedy of habeas
to address a persistent modern wrong.

"Our nation has seen times like this before, especially during the Red Scare and Palmer Raids of 1919–1920 that led to the deportation of hundreds of people suspected of anarchist or communist views."

The court also considers the extraordinary setting of this case and others like it. Legal
residents-not charged with crimes or misconduct-are being arrested and threatened with
deportation for stating their views on the political issues of the day. Our nation has seen times
like this before, especially during the Red Scare and Palmer Raids of 1919-1920 that led to the
deportation of hundreds of people suspected of anarchist or communist views. In Colyer v.
Skeffington, 265 F. 17 (1920), Judge Anderson of the District of Massachusetts granted habeas
relief to multiple immigrants detained for their political beliefs. His decision was instrumental in bringing an end to the moral panic that gripped the nation and its officials. Similar themes were
sounded during the McCarthy period in the 1950s when thousands of non-citizens were targeted
for deportation due to their political views. Ellen Schrecker, Immigration and Internal Security:
Political Deportations During the McCarthy Era, Vol. 60 Sci. & Soc'y 393 (1996).

My students often ask whether there’s any point in being in law school anymore, especially as they witness the rule of law being systematically eroded. That question breaks my heart. It’s also why I urge them, emphatically to stay and fight. www.washingtonpost.com/politics/202...

Law firms refuse to represent Trump opponents in the wake of his attacks

The result is an extraordinary threat to constitutional rights of due process and representation and a far weaker effort to challenge Trump’s actions in court than during his first term.

washingtonpost.com

Need a weekend read? I wrote about the government, newspapers, and the liberty of the press at the Founding. Take a look and learn from early Americans themselves about how they thought of press freedom and government interference with it. matthewschafer.medium.com/false-dichot...

False Dichotomies and the Original Understanding of Press Freedom

Late last year, I presented an American Bar Association webinar about the Supreme Court’s recent suggestion that, perhaps, we should look…

matthewschafer.medium.com

Even if it somehow turns out that Paul Weiss (like Mexico?) only agreed to do stuff they otherwise would have done just to get out from under the Executive Order, firms must fight the very basis of the EO & its attack on the integrity of the legal professions rather than look for an easy way out.

“I think what’s perhaps most dangerous about this moment is that, given the rhetoric coming out of the administration today, folks across the country are going to think twice before they criticise the government, whether it’s the US government or Israeli government" - @wcreeley.bsky.social

A ‘dangerous’ moment: Advocates denounce arrest of activist Mahmoud Khalil

Rights groups argue that the Trump administration is using anti-Semitism as a pretext to clamp down on free speech.

aljazeera.com