Every American should read this judge’s stirring rebuke against Trump – The Guardian
Students stage a walkout at Columbia University in New York City on 11 March. Photograph: Dana Edwards / Reuters
Every American should read this judge’s stirring rebuke against Trump
By Austin Sarat, Sat 4 Oct 2025 07.00 EDT
The court’s opinion in a case on immigrants’ right to free speech is a powerful lesson in civics.
Democracy requires that we do more than look out for our own interests and defend our own rights. Ever since the birth of this nation, its citizens and leaders have echoed Benjamin Franklin’s admonition that “we must all hang together, or, most assuredly, we shall all hang separately.”
In Donald Trump’s America, hanging separately seems to be the order of the day. This seems especially true when it comes to his treatment of this country’s millions of non-citizen residents.
From the start of his political career, demonizing immigrants has been Trump’s stock in trade. Since his return to office, he has been unusually aggressive in his campaign to round up, detain and deport people whose citizenship status is questionable, and, in some cases, citizens have been caught up in the dragnet.
The administration has repeatedly violated the constitution by targeting people because of how they look or the sound of their accents. It has even singled them out because of what they have said or written.
On 30 September, Judge William Young of the United States district court of Massachusetts made clear that when it comes to freedom of speech, the constitution does not distinguish between people born in the United States and those who have come here as immigrants. His decision in American Association of University Professors v Rubio offers both a stirring civics lesson and an unusually personal rebuke against the Trump administration. The court found that the Trump administration had violated the right to free speech in its push to detain and deport pro-Palestinian foreign scholars.
OpinionEditor’s Note: Download the Judge’s Opinion In his opinion, the judge went beyond the usual bounds of a judicial decision to note that the president “ignores everything … The Constitution, our civil laws, regulations, mores, customs, practices, courtesies – all of it; the President simply ignores it all when he takes it into his head to act”. Young added: “While the President naturally seeks warm cheering and gladsome, welcoming acceptance of his views, in the real world he’ll settle for sullen silence and obedience. What he will not countenance is dissent or disagreement.”
The judge also accused the president of “bullying”.
Legal purists who might applaud the judge’s reading of the constitution will be offended by seeing that kind of language in a judicial opinion. But what he did helps frame the danger Trump poses to the rights of immigrants in a way that connects them to the rest of us.
Bravo, Judge Young.
Recall the case of Mahmoud Khalil, a green card holder and graduate of Columbia University. He was arrested and detained in March for participating in pro-Palestinian protests on the Columbia University campus. He was held for more than a hundred days in Louisiana.
As his lawyer said on Democracy Now: “If free speech means anything in this country,” he noted, it means “government agents can’t pick you up off the street and throw you into jail because of what you’ve said.” But that is exactly what the administration did, hoping to make an example out of Khalil and send a chilling message to other immigrants
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