LEGAL FEATURE:
Freedom at Risk: Deporting Political Protesters Threatens Us All
At a time when non-citizens are being targeted and deported for engaging in lawful, nonviolent political speech protected under the First Amendment, The Rutherford Institute is warning that American citizens who criticize the government could be next in line for punishment and retaliation.
At stake is nothing less than the principle that the First Amendment protects everyone—regardless of citizenship status—to think, act, and speak freely without fear of government reprisal.
In a joint amicus brief filed in Khalil v. Trump, The Rutherford Institute, FIRE, and a coalition of leading civil liberties groups are opposing the deportation of a non-citizen whose only alleged offense was participating in political protests. If the courts allow this kind of retaliation against protected speech—whether by deportation, arrest, or intimidation—to proceed, it would embolden future administrations to silence dissent through expulsion, surveillance, or harassment.
“The government’s position is not only at odds with the First Amendment, but it also weaponizes immigration law in a way that punishes dissent and deters others—citizens and non-citizens alike—from engaging in protected speech. Such retaliation chills public discourse and undermines the very foundation of our democratic society.”
Protecting freedom of speech requires standing against all forms of government retaliation—no matter who the speaker is.
👉 Read the Full Brief
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