Judge William Young of the Federal District Court in Boston is a Reagan appointee who has been on the bench for 47 years. Last June, he received a threatening postcard. Handwritten in all caps, it read, “TRUMP HAS PARDONS AND TANKS…WHAT DO YOU HAVE?” The date is significant: June 19th was just five days after Trump’s ostentatious Washington, DC military parade, part of the birthday party Trump threw for himself and the US Army, at public expense. The parade was little more than a multi-hour display of tank after tank rolling by the temporary bleachers where Trump sat among his loyalists.
Judge Young opened an order he issued last week with an image of that postcard. He followed with a message to the cards sender:
“Dear Mr. or Ms. Anonymous,
Alone, I have nothing but my sense of duty. Together, We the People of the United States –- you and me – have our magnificent Constitution. Here’s how that works out in a specific case —”
What followed was a 161-page excoriation of the Trump administration’s attack on free speech.
The case was filed by the American Association of University Professors (AAUP) and other academic organizations, alleging the government had criminalized “any speech supportive of Palestinian human rights or critical of Israel’s military actions in Gaza,” and was targeting pro-Palestinian visiting students and scholars for deportation.
Ruling in favor of the plaintiffs, Judge Young wrote,
“This case — perhaps the most important ever to fall within the jurisdiction of this district court — squarely presents the issue of 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.'”
The non-citizens referred to are Mahmoud Khalil, Yunseo Chung, Rümeysa Öztürk, Mohsen Mahdawi, and Badar Khan Suri. Each of them was in the United States legally, and had publicly supported Palestinian rights. As the nine-day trial presided over by Judge Young proceeded, facts accumulated that the Trump administration, and specifically Secretary of State Marco Rubio, Secretary of Homeland Security Kristi Noem and their subordinates had targeted these individuals for deportation largely because of their speech.
“If free speech means anything in this country, it means masked government agents can’t pick you up off the street and throw you into jail because of what you’ve said,” said one of the principal attorneys on the case, Alex Abdo, litigation director of the Knight First Amendment Institute at Columbia University, speaking on the Democracy Now! news hour.
Columbia graduate Mahmoud Khalil, who is Palestinian, spent 104 days in various immigration jails, mostly in remote Jena, Louisiana. The Trump administration is still trying to deport him. He reacted to Judge Young’s ruling, on Democracy Now!:
“It’s very important to continue to speak out, because this is what the court now confirmed, that this administration’s intention was to chill our speech. So, I want to continue to speak up against this administration, to show that they will never succeed in silencing us, in silencing us against all the atrocities that are happening against our people in Palestine.”
Commenting on the cases of Rümeysa Öztürk and Mohsen Mahdawi, attorney Alex Abdo added, “They were both in court yesterday, because the government has argued that they’re not entitled to challenge their detention, even if the government threw them in jail specifically for the reason of trying to silence their speech and to chill others. The hope is that a ruling like yesterday’s will break the spell, because the goal of this administration in all of these cases in which it is cracking down on political speech is to silence dissent.”
Judge William Young’s ruling is fact-based, deeply researched, and peppered with footnotes highlighting historical precedents, previous struggles to defend essential rights, and other clear offenses of the Trump administration. He attacks the current practice of mask wearing by federal law enforcement agents as “disingenuous, squalid and dishonorable,” adding, “ICE goes masked for a single reason — to terrorize Americans into quiescence.”
Judge Young closes his order as he began, addressing the anonymous author of the threatening postcard:
“The next time you’re in Boston [the postmark on the card is from the Philadelphia area] stop in at the Courthouse and watch your fellow citizens, sitting as jurors, reach out for justice. It is here, and in courthouses just like this one, both state and federal, spread throughout our land that our Constitution is most vibrantly alive.”