Court Restores Free Speech To People Who Might Use It Wrong

SAN JOSE—A federal judge ruled Friday that the government cannot revoke visas and pursue deportation because a lawfully present noncitizen expressed a political opinion the government dislikes, restoring a version of free speech burdened by the presence of actual disagreement.

The case was brought by the Stanford Daily after international students declined assignments covering pro-Palestinian protests and the Middle East. The newspaper said its writers feared that reporting or commentary could cost them their legal status, an arrangement that converted the campus press into a quiet and orderly collection of blank pages.

Judge Noël Wise found First Amendment and due-process problems in provisions the administration used to target noncitizens for protected speech. She pointed to immigration retaliation beginning in March 2025 against Palestinian supporters and critics of Israel, as well as later retaliation against people who criticized Charlie Kirk after his assassination.

The ruling follows a Boston federal court’s finding last year that the administration violated the Constitution by targeting people for deportation solely over Palestinian advocacy and criticism of Israel. The Justice Department did not respond to the Associated Press’s request for comment on the latest decision.

The government may still enforce immigration law. It must simply separate unlawful conduct from lawful speech, a distinction that leaves the First Amendment inconveniently available to speakers before officials approve what they plan to say.