Law and Disorder October 20, 2025

Non Citizens And Free Speech Rights: AAUP v Rubio

On September 30, 2025 a federal judge in Boston issued one of the most important decisions that has been rendered during the 9 months of Donald Trump’s second term. Following a nine-day trial in July that included the testimony of 15 witnesses and the admission of scores of documents, US District Judge William G. Young of the U.S. District Court for the District of Massachusetts ruled that the Trump administration’s policy of arresting, detaining, and deporting noncitizen students and faculty members for their pro-Palestinian advocacy violates the First Amendment. Judge Young was nominated by President Ronald Reagan and has served on the court for over 40 years. While there have been over 200 other court rulings involving Trump since January, this was the first decision following a full-dress trial.

The case, known as AAUP v Rubio, was brought by the Knight First Amendment Institute at Columbia University, partnering with the law firm of Sher Tremonte LLP, representing the American Association of University Professors, including AAUP chapters at Harvard, Rutgers, and NYU, and the Middle East Studies Association (MESA). The associations’ members include tens of thousands of faculty and students across the country.

In his historic ruling, Judge Young wrote, “This case—perhaps the most important ever to fall within the jurisdiction of this district court—squarely presents the issue whether non-citizens lawfully present here in [the] United States actually have the same free speech rights as the rest of us. The Court answers this Constitutional question unequivocally ‘yes, they do.’ ‘No law’ means ‘no law.’ The First Amendment does not draw President Trump’s invidious distinction and it is not to be found in our history or jurisprudence.”

Jameel Jaffer, executive director at the Knight First Amendment Institute, called it “a historic ruling that should have immediate implications for the Trump administration’s policies. If the First Amendment means anything, it means the government can’t imprison people simply because it disagrees with their political views. We welcome the court’s reaffirmation of this basic idea, which is foundational to our democracy.” Todd Wolfson, president of the AAUP, issued the following statement shortly after Judge Young issued his historic ruling: “The Trump administration’s attempt to deport students for their political views is an assault on the Constitution and a betrayal of American values. This trial exposed their true aim: to intimidate and silence anyone who dares oppose them. If we fail to fight back, Trump’s thought police won’t stop at pro-Palestinian voices—they will come for anyone who speaks out. Defending democracy means standing up now—loudly, visibly, and together.”

Having found that the policy violates the First Amendment, in the coming weeks, Judge Young is expected to turn to the question of what appropriate judicial relief should be granted.

Guest – Ramya Krishnan, senior staff attorney at the Knight First Amendment Institute. Ramya served as lead counsel at the trial and presented the opening and closing arguments to the court. She holds a B.A. and LL.B. from the University of Sydney, where she served as an editor of the Sydney Law Review, and an LL.M. from Columbia Law School, where she was a Raymond J. Baer Scholar.

Algorithmic Literacy for Journalists

Artificial intelligence is transforming the newsroom—from how stories are written, and headlines are chosen, to which readers see which articles. Algorithms, those invisible sets of instructions that guide everything from Google searches to social media feeds, are now shaping journalism itself. They can amplify—or silence—voices, and determine which stories gain traction in the public sphere. For journalists, understanding how these systems work isn’t just technical—it’s essential to democracy.
Algorithmic Literacy for Journalists is a new online resource that helps reporters and editors navigate this complex new terrain. The project equips journalists to hold technology platforms accountable, explain AI’s influence to the public, and confront the hidden biases and power structures embedded in algorithmic systems.

Guest – founder of Algorithmic Literacy for Journalists, Dr. Andy Lee Roth the editor-at-large for Project Censored and its publishing imprint, The Censored Press. He co-edits the State of the Free Press yearbook series and co-authored The Media and Me: A Guide to Critical Media Literacy for Young People. A sociologist, since joining Project Censored in 2006, Andy has led media literacy initiatives, including developing Algorithmic Literacy for Journalists, a web resource helping reporters understand how AI shapes—and sometimes distorts—news and society.

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Law and Disorder September 29, 2025

The Library Freedom Project

Soon after the attacks of September 11, 2001, when federal agents demanded library circulation records under the USA Patriot Act, librarians became unlikely whistleblowers for democracy. The “Connecticut Four” successfully sued the FBI in 2005 over secret National Security Letters that sought patron data and imposed gag orders. They reminded the nation that a book borrowed in silence should never be grounds for suspicion.

The Library Freedom Project was born in this climate of intrusion. It equips librarians with new skills: teaching prompt literacy so they can critically evaluate generative AI outputs; training them in deepfake and voice-clone detection; and raising awareness about the growing use of AI surveillance in schools and communities. In doing so, the project prepares librarians to guide the public through one of the most disruptive technologies of our time.

Guest – Alison Macrina, activist librarian and founder of the Project. Since 2015, she has built a network of librarians committed to protecting privacy, defending intellectual freedom, and challenging power structures through organizing and education. Recognized with a 2023 Electronic Frontier Foundation Award, Macrina and her colleagues argue that libraries are among the last truly public goods—accessible to everyone, regardless of income or background—and that defending these spaces means defending the very foundation of free expression and information democracy.

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Media Censorship: A Structural Problem

As the Trump administration seeks to expand presidential authority, it’s not surprising that the First Amendment is making headlines. Enacted in 1791 to protect fundamental freedoms – such as speech and the press – it serves as a safeguard against potential abuses of government power, including censorship and other efforts to stifle dissent. Trump and his allies have made no secret about their intention to silence prominent comedians who are critical of the administration.

On July 17th, CBS announced the cancellation of The Late Show with Stephen Colbert, a move that Trump publicly applauded, adding that Jimmy Kimmel would be next. Within days, the FCC approved a merger involving CBS’s parent company, Paramount. On Sept. 17th, FCC Chair Brendan Carr warned that if Disney did not suspend Jimmy Kimmel for making comments about MAGA and Charlie Kirk, the FCC could get involved with ABC’s licensing. Disney immediately took Jimmy Kimmel Live off the air. And even though it started back up on Sept. 23rd, many ABC affiliates refuse to air it. Oh, and by the way, Trump has warned that Jimmy Fallon and Seth Meyers at NBC will be next to go.

Guest – Jeff Cohen is a highly regarded progressive critic of the media. Indeed, he was recently quoted in an important article in the Washington Post about the disclosure that FOX News hosts were advising the White House during the January 6th insurrection. Jeff Cohen, along with Martin Lee, were the co-founders of Fairness and Accuracy in Reporting, or “F.A.I.R.,” which is the anti-corporate media group that monitors and reports on the mainstream media’s bias, spin and misinformation. Jeff Cohen is also a lecturer on these matters and the author of the book, Cable News Confidential.

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Law and Disorder June 23, 2025

Law Firms Targeted By Trump Administration

Trump and the MAGA movement behind him have taken huge steps to upend and overturn the kind of democracy, however limited by race and class, that we have lived with since our independence from England some 250 years ago. In order to secure their rule, these fascists, like those in the Hitler movement 90 years ago, attempted to get control of the various apparatuses of our society. They aimed at the major media, the universities, the states like California, the scientific establishment, the medical profession, the cultural apparatus, the top brass in the military, and the big law firms.

Hitler’s fascist party in Germany called this effort “bringing it into line”. What we are going to examine today is Trump’s efforts to dominate the major law firms in America. He has succeeded in dominating some, but not all, of these law firms, which are known as “big law.“ The resistance has been impressive and a tribute to the spirit of fairness in the American legal tradition.

What did Trump do? He told the big law firms that he would sign an executive order banning them from federal buildings, including the courthouses where they practiced. Further, he would take away their security clearances and he would cancel any contracts they had with the federal government. This was calculated to break these firms and they knew it. A target was the venerable firm of Paul Weiss, established in 1875, which was active in the civil rights movement in the 50s. It helped to win the landmark desegregation victory in “Brown vs the Board of Education.” Paul Weiss initially tried to resist. It asked other firms for help. But to no avail.

The other firms refused and instead began to pick off their clients. Faced with financial ruin Paul Weiss gave in and agreed to donate millions of dollars in free legal work to projects of Trump‘s choice. So did other famous firms. Collectively, these firms agreed to furnish Trump with over $1 billion in pro bono assistance to Trump and his projects, like defending cops in cases of police abuse and murder, as in the George Floyd case.

Guest – Los Angeles attorney John Burton was the president of the Board of Directors of the National Police Accountability Project, an organization representing more than 600 police misconduct, lawyers and other professionals throughout the United States. He established his law firm in 1984. Mr. Burton has covered the story for the World Socialist Website. As he has written, the battle Trump started is not over. Four judges have ruled against him. 24 friend of the court amicus briefs have been filed. 1000 law firms have come on board.

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Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens

Among the tsunami of Trump‘s executive orders is EO number 14288. Trump signed it on April 25, 2025. It is ominous. The order is titled Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens.

It orders review and likely cancellation of police/citizen consent decrees like the one the movement in Minneapolis won against the Minneapolis Police Department after they murdered George Floyd several years ago. It militarizes law-enforcement by distributing military assets to local police forces and encouraging coordination between the Department of Defense and Federal-local law-enforcement. One of its core objectives is to establish pro bono representation by some of the biggest law firms in America to help shield offending police from suits against them for abuse of local citizens. Trump previously secured agreements with these firms to provide over $1 billion with a representation for free to entities that he designates.

Guest – Russ Bellant has researched rightist, fascist, and the Nazi forces in the United States for over 50 years. He has published articles in many magazines and has written three books based on his research. They include Old Nazis, The New Right and the Republican Party and The Religious Right In Michigan Politics. Email: RussBellant (at) gmail.com (reply that you want to be on the email list)

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Law and Disorder June 16, 2025

Leadership Failure Within The Democratic Party

The unfolding events in Los Angeles after Donald Trump called up the National Guard in violation of federal law and his threat to invoke the Insurrection Act are but his latest assault on democracy and the Constitution. Lawyers, social justice organizations, and watchdog groups are fighting back in over 245 lawsuits against the Trump administration winning over 180 injunctions. Last Saturday, thousands of NO KINGS rallies were held in every state of the Union.

But many are asking: Where is the Democratic Party in all this? Opinion surveys show the public is not impressed with Democratic leadership. What are Democrats in Congress and in state governments doing to oppose Trump and offer the American people an alternative? And what more should they be doing?

Guest – Alan Minsky, the Executive Director of Progressive Democrats of America (PDA). Previously, Alan was the longtime Program Director at KPFK Radio Los Angeles and the coordinator of Pacifica Radio’s national political coverage. Progressive Democrats of America was founded in 2004 to transform the Democratic Party and our country. PDA seeks to build a party and government controlled by citizens, not monied interests, with policies that serve the public and the planet. PDA is proud to say that they transformed American politics by successfully drafting Bernie Sanders to run for President as a Democrat in 2016.

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Protests Erupt Over University and U.S. Customs and Border Protection Partnership 

A controversy is brewing at St. John’s University in Queens in New York—an institution known for its Catholic and Vincentian mission to serve the poor, the immigrant, and the marginalized. A recently announced partnership between the university and U.S. Customs and Border Protection (CBP) has sparked backlash among faculty, students, alumni, and human rights advocates. In dispute is a new Institute for Border Security and Intelligence Studies, a training center for homeland security professionals created in collaboration with CBP’s New York Field Office.

Since the announcement, more than 900 members of the St. John’s community have signed a petition calling for the immediate termination of the partnership. They contend that working with an agency accused of human rights violations—notably against immigrants and communities of color—is in opposition to the university’s core religious and moral code. The petition to university leadership, notes concerns about academic freedom, the safety of immigrant students and faculty, and the ethical implications of normalizing CBP practices on campus.

Like any controversy, there are many angles. Supporters of the partnership cite the benefits of real world training and federal job opportunities. However, our guest today will tell us about potential downsides.

Guest – Professor Gary Mongiovi’s main area of specialization is the history of economic ideas, particularly those of John Maynard KAYnes and Karl Marx, and non-mainstream approaches in economics. Recently he has been working on the ideological role that economics plays in society. He has been a member of the editorial board of the Review of Radical Political Economics since 1994. His writings have appeared in the Cambridge Journal of Economics, Catalyst, Critical Sociology, Social Research, Metroeconomica, and The Nation.

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Law and Disorder April 14, 2025

Oligarchs and Billionaires Reshape Economic-Political Landscape

We’re living at a time of profound changes in the institutions that previously governed our society. One hundred years ago V.I Lenin, the leader of the Russian Revolution, observed that sometimes nothing changes for decades and at other times decades-long changes occur within several days.

This is what is happening now in America as the old institutions, the Democratic Party, the Republican Party, the universities, the media, the government, including Congress, governmental agencies, the elite law firms, educational institutions and most recently long-standing tariff policy are being reconfigured as instruments of authoritarian rule.

More than 800 billionaires form the upper crust in America. Three people alone own as much as the entire bottom, half of the population. Democracy, the rule of the people, however aspirational, no longer prevails. We have become an oligarchy, a majority of our people ruled by a relative handful. Our institutions have rapidly changed to reflect this new reality.

We are governed by an amoral man who’s only interest is in power and money, which is another form of power.

Guest – Professor Henry A. Giroux, author of many books and articles, including most recently a piece in Counterpunch titled Abducting Bodies, Silencing Dissent : Mamoud Kailil and the Rise of State Terrorism. Professor Giroux currently holds the McMaster University Chair for Scholarship in the Public Interest in the English and Cultural Studies department and is the Pablo Frère, Distinguished Scholar in Creative Pedagogy. Henry Giroux has authored many books, most recently with Anthony DiMaggio, titled, Fascism on Trial: Education, and the Possibility of Democracy.

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Critical Media Update: War Made Invisible

With respect to the Israeli/U.S. war in Gaza, peace talks limp along; Israel has accelerated its war in Gaza and the West Bank; and recent remarks by Israeli Prime Minister Benjamin Netanyahu and president Donald Trump, make it clear that both countries intend, if they can do it, to ethnically cleanse all of the Palestinian people from Palestine, thereby bringing about the expected end result of their genocidal war on the Palestinian people.

Meanwhile here in the United States, President Trump has seized upon the claim of rampant anti-Semitism on our nation’s college and university campuses to deport non-U.S. citizen leaders in the movement on the campuses in support of the Palestinian side in the war, and to withhold tens of millions of dollars from the campuses until they eliminate the “anti-Semitic atmosphere on our campuses.” And, according to our guest today, press reporting in the mainstream media on the war has been less than clear and balanced.

Guest – Norman Solomon is the co-founder of RootsAction.org and Executive Director of the Institute for Public Accuracy, and is, in fact, the author or co-author, of 12 books, most touching on today’s topic in either close or tangential ways. His books include War Made Easy: How Presidents and Pundits Keep Spinning Us to Death. The paperback edition of his latest book, “War Made Invisible: How America Hides the Human Toll of Its Military Machine,” includes an afterword about the Gaza war.

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Law and Disorder January 20, 2025

Malcolm X Shabazz et al. v. USA

A groundbreaking legal case seeks justice for the family of most iconic civil rights leaders, Malcolm X. In an unprecedented lawsuit filed by his daughters, the Shabazz family is challenging the U.S. government, the City of New York, and several high-ranking law enforcement agencies. At the heart of the case is the claim that state actors, including the FBI and NYPD, played an active role in the assassination of Malcolm X on February 22, 1965, and that this involvement has been systematically covered up for decades.

This suit, Malcolm X Shabazz et al. v. USA, not only seeks justice for the wrongful death of Malcolm X but aims to hold the government accountable for its complicity in the assassination. The case draws on newly uncovered evidence that links federal agencies to the events surrounding Malcolm X’s death, as well as the subsequent framing and wrongful conviction of two men who were exonerated in 2021.

The legal team behind this case includes civil rights attorneys Benjamin Crump and G. Flint Taylor, and if successful, their argument could rewrite the historical narrative surrounding one of America’s tragic and significant moments. At the core of this case is the question: How deep was the state’s involvement in silencing Malcolm X? Was the assassination part of a coordinated campaign by law enforcement agencies determined to prevent the rise of powerful Black leaders? The lawsuit raises profound questions about the government’s role in suppressing movements for racial justice and civil rights, both in the past and in the present.

Guest – Flint Taylor of the Peoples Law Office. Flint represented the family of Fred Hampton and revealed that the FBI and Chicago Police Department murdered him in 1969. Flint is an editor of the Police Misconduct Law Reporter and is author of The Torture Machine: Racism And Police Violence In Chicago.

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A History Of Anti-Black Racism

National chauvinism and racism are essential features of fascism. The practice of white racism in the United States during the Jim Crow era was something that Hitler’s party in Germany studied and emulated. This kind of anti-black racism went on in the United States from shortly after the Civil War up until the 1960s. It has never really gone away as the mass mobilizations of the Black Lives Matter movement has recently demonstrated. This Black resistance, this fight back, will be a central aspect of anti-fascist activity in the future.

Guest – Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. He’s also co-author of The Black Antifascist Tradition and his new book published last month We Charge Genocide: American Ashes and the Rule of Law.

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