Free Speech & Immigration
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Deep Dive
ICE Acknowledges First Amendment Limits on Its Power to Remove Foreign Nationals
Newly obtained legal memos suggest that proposals to remove non-U.S. persons from the country based on their political expression likely violate the Constitution.
By Alexia Ramirez -
Press Statement
Newly Released ICE Memos Explain Why Recent Proposals to Revoke Student Protesters’ Visas Are Likely Unconstitutional
Proposals violate the First Amendment and would chill legitimate political speech, Knight Institute says
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Press Statement
State Department Rule Requiring Visa Applicants to Register Their Social Media Handles is Ineffective, New Documents Say
Knight Institute renews calls for Biden administration to end policy that “infringes expressive and associational freedom”
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Press Statement
Knight Institute and Reporters Committee File Amicus Brief in Case Challenging Electronic Device Searches at the Border
Argue warrantless device searches violate the First and Fourth Amendments
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Press Statement
Knight Institute, Brennan Center React to Court Ruling in Documentary Film Organizations’ Challenge to Social Media Surveillance
Say social media registration requirement for visa applicants violates First Amendment
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Press Statement
Knight Institute and Reporters Committee Argue Device Searches at Border Violate First and Fourth Amendments
Urge federal appeals court to require a warrant before border agents can search electronic devices
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Press Statement
Federal Appeals Court Dismisses Challenge to Sweeping Justice Department Policy Silencing Immigration Judges
Knight Institute says the court’s decision is a blow to the free speech rights of immigration judges and the public
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Inside Look
Doc Society v. Blinken: Challenging the State Department’s Social Media Registration Requirement
The Institute's Carrie DeCell details how the requirement is a social media dragnet that chills the speech and associations of millions of people around the world
By A. Adam Glenn -
Quick Take
Biden Administration Continues to Defend Social Media Registration Requirement in Court
Indicates that it may retain Trump-era requirement
By Carrie DeCell -
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Quick Take
A Promising First Step Towards Curtailing Social Media Surveillance
Agency rejects proposed expansion of dangerous screening and vetting policy
By Xiangnong (George) Wang -
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Quick Take
Biden Administration Signals Openness to Reconsidering Social Media Surveillance of Visa Applicants
Orders a review of a dangerous Trump administration screening and vetting policy and ends discriminatory executive order that led to it
By Anna Diakun -
Quick Take
A Promising Start
The new administration takes steps to reaffirm transparency and press freedom
By Larry Siems -
Analysis
Julian Assange is still in prison. And America's democratic principles are still at stake.
By Jameel JafferThe past four years have underscored the extent to which our democracy depends on the ability of journalists to report government secrets.
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Press Statement
Immigration Judges Challenge Justice Department Speech Policy
Sweeping policy prevents judges from speaking out about immigration law and policy
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Analysis
Briefs Filed by Twitter, Reddit, EFF, and Muslim Advocates Highlight Far-Reaching Implications of Social Media Surveillance
Underscore the civil liberties implications of the intrusive surveillance program
By Leena Charlton & Jacob Apkon -
Press Statement
Twitter, Reddit File in Support of Lawsuit Challenging U.S. Government’s Social Media Registration Requirement for Visa Applicants
Companies argue that policy unquestionably chills a vast quantity of speech
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Analysis
Revised Justice Department Policy Still Silences Immigration Judges
Policy prevents judges from speaking out without prior approval
By Stephanie Krent -
Analysis
The Trump Administration Is Gagging America’s Immigration Judges
Excerpt from an essay by the Institute's writer-in-residence published in The Atlantic
By Cristian Farias -
Press Statement
Knight Institute Calls on DOJ’s Executive Office for Immigration Review to Suspend Policy Silencing Immigration Judges
In a letter, the Institute argues that the agency’s policy, which it recently obtained through a FOIA request, violates the First Amendment
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Analysis
Visiting the U.S.? The Government is Reading Your Old Facebook Posts
A new lawsuit could help stop the surveillance of 14 million people a year who visit the US. The courts must put an end to overreach.
By Carrie DeCell & Cristian Farias -
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Analysis
A New U.S. Visa Requirement is Silencing Foreign Filmmakers
Policy infringes on filmmakers' freedom of expression and interferes with Americans' ability to engage with diverse international thinkers
By Simon Kilmurry -
Press Statement
Documentary Film Organizations Sue Over U.S. Government’s Social Media Registration Requirement for Visa Applicants
Registration requirement introduces far-reaching and unconstitutional surveillance, groups say
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Press Statement
Knight Institute Responds to Deportation of Incoming Harvard Student based on Friends’ Social Media Posts
Underscores chilling effect of invasive border searches on intellectual freedom
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Press Statement
Legal Journalist Cristian Farias Joins Knight Institute as Writer-in-Residence
Farias will undertake a major investigative project focused on freedom of expression and the U.S. border
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Press Statement
Appeals Court Holds Ravi Ragbir Can Challenge Deportation on First Amendment Grounds
Courts can consider whether First Amendment bars ICE from targeting immigrants for exercising free speech
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Analysis
Silence Surrounds Extreme Vetting of Ideas at the Border
Knight Institute lawsuit seeking records on the government's extreme vetting program produces only heavily redacted records and little information on the program
By Carrie DeCell -
Analysis
Immigrants' First Amendment Rights at Stake as the Second Circuit Hears Ragbir Case
Appeals court considers if federal immigration officers can retaliate against immigrant activists who exercise their First Amendment rights
By Ramya Krishnan -
Press Statement
First Amendment Prohibits ICE from Retaliating Against Immigrant Rights Activists, Legal Groups Argue
The First Amendment prohibits the government from retaliating against noncitizen activists for peacefully protesting the government’s immigration activities, according to an amicus brief filed by the Knight Institute and other legal organizations.
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Analysis
Trump's "Extreme Vetting" is Muzzling Activists and Shutting Them Out
By turning away foreign activists, American authorities are masquerading censorship as immigration enforcement
By Carrie DeCell -
Press Statement
Knight Institute, Georgetown Law File Amicus Brief in Ragbir v. Homan
Argue ICE Violating First Amendment by Targeting Immigrant Rights Advocates
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Press Statement
Knight Institute Sues for Documents on Social Media Monitoring and “Extreme Vetting” of Immigrants, Visitors
Lawsuit seeks documents relating to government's claim it can exclude or remove non-citizens based on speech, beliefs, and associations
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Analysis
Censorship at the Border Threatens Free Speech Everywhere
The Trump administration's proposed vetting of social-media accounts at the border threatens First Amendment values and the very idea of open society
By Jameel Jaffer