by Rod Williams, Aug. 31, 2026- The Foundation for Individual Rights and Expression (FIRE) has just won an important free-speech case. Here are the details from FIRE.
A federal court ruled on Friday that the provisions Secretary of State Marco Rubio used in an attempt to deport legal noncitizens for their speech are unconstitutional and violate the First Amendment.
FIRE challenged the provisions in 2025, which grant the federal government unchecked power to censor under this administration, and others to follow. The ruling affirms a bedrock constitutional principle: The government cannot punish people for protected speech simply because officials dislike their views.
We are thrilled by the result, and by the judge's clear ruling. She noted, "The language of the Amendment makes clear that it is not the government that gives freedom of speech to the people. Instead, that freedom is imbued in the people, and 'Congress shall make no law' to abridge it."
To be clear, FIRE takes no position on immigration, and this ruling does not say that the government must admit anyone, issue anyone a visa, or grant anyone citizenship. It says that once a person is lawfully here, the government cannot deport them because they engaged in protected speech.
That's for good reason. Imagine two protesters at a public park — one a citizen and one a legally-present student on a visa. Should one face deportation for holding the exact same sign?
I am pleased to see this ruling and also agree that free speech should be defended on principle, no matter who is in power. The Trump administration has been violating freedom of speech rights and other of our constitutional liberties since the first Trump term but has stepped up its war on free speech since the start of Trump II.At FIRE, we defend free speech on principle — no matter who is in power, whose speech is under attack, or the politics involved. That's what it means to defend the First Amendment, and thanks to your support, it's a fight we can take on and win.
I know some Trump supporters will denounce FIRE as a liberal organization for taking a stand for free speech and bringing suit against the Trump administration. In today's political discourse, Trump supporters give a knee-jerk label of "liberal" to anyone who stands up against Trump. They routinely denounce the courts and judges as "liberal" any time they rule against Trump, even if the judge was an appointee of Bush or Reagan.
FIRE is a nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought. Its mission is to protect freedom of speech, academic freedom, due process, freedom of the press, freedom of assembly, and religious liberty across the United States.
Originally founded in 1999 as the Foundation for Individual Rights in Education, FIRE focused on defending free speech and freedom of religion on college campuses. At the time, it was the rights of conservative professors and students who were most often defended by FIRE. Wokeness was rampant, and illiberal liberals tried to ban conservative groups from campus, prevent conservative voices from being heard on campus, and impose speech codes and ban speech with which they disagreed by labeling it "hate speech." Because FIRE was most often defending the free-speech rights of conservatives, the organization was considered a conservative organization. Of course, when they began opposing Trump's illiberal policies, Trumpinistas started calling them a liberal organization. FIRE has been a consistent defender of liberty; it is Trump "conservatives" who have changed their views.
In 2022, FIRE expanded its scope to advocate for free speech throughout society, changing its name to the Foundation for Individual Rights and Expression. I have been a long-time supporter of FIRE. To learn more about the organization, follow this link. If you support their mission, please consider making a donation.
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