Hope and Challenge

U.S. District Judge William Young, a Reagan appointee, issued a scathing 161 page opinion telling the Trump administration that free speech is for everyone, and that their arrest, imprisonment, and attempted deportation of international students for pro-Palestinian statements violates the U.S. Constitution. 

Because we have so little good news from courts or Congress, and none at all from the executive branch these days, I am quoting at length from this opinion in tonight’s post. I fully realize that this is a district court ruling, subject to appeal and possibly even to reversal. But in these hard times, the judge’s ringing defense of the Constitution gives me, at least, some hope to continue fighting. 

“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 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.” [Opinion, pp. 4-5]

Judge Young’s opinion is long because it is thorough, summarizing the facts laid out in the hearings and the legal arguments, and then explaining the conclusion. The judge makes clear the seriousness of this case and the centrality of the issues raised to the Constitution and to the preservation of our democracy. 

I have not read through the entire opinion in AAUP v. Rubio et al yet, but an alert on BlueSky urged turning to the final 12 pages, which deal with President Trump. They are well worth reading in full. They begin at page 150 of the opinion: 

“He seems to be winning. He ignores everything and keeps bullying ahead.’

“Half admiring, half quizzical, a very wise woman –- my wife — made this comment about our 47th President in an entirely different context.  I quote it here because it so perfectly captures the public persona of President Trump, especially as it pertains to the issues presented in this case. …

“1. He seems to be winning.

Triumphalism is the very essence of the Trump brand. Often this is naught but hollow bragging: ‘my perfect administration,’ wearing a red baseball cap in the presidential oval office emblazoned ‘Trump Was Right About Everything,’ or most recently depicting himself as an officer in the First Cavalry Division. …

“2. He ignores everything . . .

“This is indubitably true. The Constitution, our civil laws, regulations, mores, customs, practices, courtesies – all of it; the President simply ignores it all when he takes it into his head to act. …

“Behold President Trump’s successes in limiting free speech -– law firms cower, institutional leaders in higher education meekly appease the President, media outlets from huge conglomerates to small niche magazines mind the bottom line rather than the ethics of journalism.”

“3. . . . and he keeps bullying on. …

“While the President naturally seeks warm cheering and gladsome, welcoming acceptance of his views, in the real world he’ll settle for sullen silence and obedience. What he will not countenance is dissent or disagreement.” 

In closing, Judge Young quotes from Ronald Reagan, the president who appointed him. The words come from the inaugural address that Reagan gave in 1967, when taking office as governor of California. 

“‘Freedom is a fragile thing and it’s never more than one generation away from extinction. It is not ours by way of inheritance; it must be fought for and defended constantly by each generation, for it comes only once to a people.’ … 

“As I’ve read and re-read the record in this case, listened widely, and reflected extensively, I’ve come to believe that President Trump truly understands and appreciates the full import of President Reagan’s inspiring message –- yet I fear he has drawn from it a darker, more cynical message. I fear President Trump believes the American people are so divided that today they will not stand up, fight for, and defend our most precious constitutional values so long as they are lulled into thinking their own personal interests are not affected.

“Is he correct?”