As we wait for the COPA decision, the nervous flutter in my stomach is a personal thing. If the law is found enforceable, will I be among those slated for six months in prison and a stiff daily fine? As an author, I'm taking COPA very personally. Maybe it's because I lived in fascist Spain in the 1960s and got to see that kind of religious censorship close up, as a U.S. editor working in Madrid, and knew about people who went to prison because what they wrote was viewed as "harmful" to Spanish youth.
It's very personal -- my nine titles for sale on the Web -- books that could be deemed "harmful" by any religious nut who decides to lobby for my prosecution. My 1974 gay novel The Front Runner has been sold to public libraries and college courses across the country, where people under 18 can find it. My newest, The Lavender Locker Room, about GLBT people in sports, just went up on the online order page of Wildcat Press, my publishing company, as well as Amazon.com, barnesandnoble.com and other online booksellers.
I could find myself without my personal freedom and the personal ability to make a living. My body of work, which I have spent 35 years creating and publishing, could disappear in the blink of an eye. Once any author is attacked by COPA prosecution, you can bet your bottom dollar that their books -- and any books like them -- will vanish from the marketplace overnight. Few online booksellers will want to risk this kind of extreme prosecution and draconian punishment by the government. It will get very personal for them too.
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Press ReleaseJun 2025
Free Speech
LGBTQ Rights
In Win for Academic Speech, Oklahoma Supreme Court Says Higher Ed is Off-Limits from Censorship Law
OKLAHOMA CITY – The Oklahoma Supreme Court ruled today that the state’s 2021 classroom censorship law does not apply to academic speech in higher education. The decision also leaves in place a preliminary injunction that prevents the enforcement of vague and borderline nonsensical prohibitions on instruction in K-12 schools. The suit was originally filed in 2021 on behalf of a diverse group of plaintiffs in K-12 and higher education. “Almost four years since the initial filing, students and professors at Oklahoma’s universities and colleges have a clear answer: HB 1775 does not apply in Oklahoma’s higher education classrooms,” said Adam Hines, legal fellow at the ĚÇĐÄVlogof Oklahoma. “For far too long our educators have felt the impact of HB 1775 and its attempt to censor discussions about race and gender in the classroom. But the government is certain to appeal this victory, and parts of HB 1775 remain in effect in K-12 schools. We will continue to fight for the rights of Oklahoma’s K-12 students and families to receive an equitable education where they can freely learn and talk about the history, experiences and viewpoints of all marginalized communities in this country.” Last year, a lower court also blocked the enforcement of two provisions restricting K-12 instruction because they are vague, fail to let educators know what course material is prohibited, and could prevent discussions of a wide variety of ideas, including those that are the subject to current political debates. These provisions remain enjoined. The state Supreme Court did not weigh in on the constitutionality of any of the provisions. “This decision provides needed clarity to Oklahoma’s higher education instructors, and we are pleased with the outcome,” said Emerson Sykes, senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “Students in higher education expect to be challenged and to debate difficult ideas, and they expect their instructors to help them learn and grow – not stick to government-approved talking points.” The lead authors of the law in the state House and Senate declared the intent behind HB 1775 was to prohibit conversations related to “implicit bias,” “systemic racism,” and “intersectionality,” among other concepts. In the lawsuit, the groups argue that HB 1775 unlawfully silenced students’ and educators’ speech through its vague and overbroad terms. It also intentionally targeted and denied access to equitable, culturally relevant teaching and ideas that reflect the history and lived experiences of students of color, LGBTQ students, and young women and girls. The case will now go back to federal court where a partial preliminary injunction is in place. Cross-appeals have been filed in the Court of Appeals for the Tenth Circuit which are expected to proceed shortly. “This ruling is another significant victory in the fight to end classroom censorship in Oklahoma” said Douglas Koff, partner at pro-bono cocounsel Schulte Roth & Zabel. “By confirming that HB 1775 does not apply to the higher education classroom, this decision allows Oklahoma’s college students and professors to have open and honest conversations about their history. We look forward to working alongside the ACLU, ACLU-OK, and Lawyers’ Committee in the continued fight to invalidate this law.” “Today's decision ensures that at colleges and universities in Oklahoma, teachers can teach and students can learn about our country's history in full – including topics like systemic racism, gender inequality and LGBTQ+ rights,” said Maya Brodziak, senior counsel with the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights Under Law. “Our country needs to acknowledge and reckon with its history of systemic racism — this includes being able to teach and talk about these concepts in our schools. A prohibition on talking honestly about issues of race and racism hurts all students and society.” The lawsuit was filed by the ĚÇĐÄVlog, ĚÇĐÄVlogof Oklahoma, the Lawyers’ Committee for Civil Rights Under Law, and pro bono counsel Schulte Roth & Zabel LLP on behalf of plaintiffs the Black Emergency Response Team (BERT); the University of Oklahoma Chapter of the American Association of University Professors (OU-AAUP); the Oklahoma State Conference of the National Association for the Advancement of Colored People (NAACP-OK); the American Indian Movement (AIM) Indian Territory on behalf of itself and its members who are public school students and teachers; a high school student; and Oklahoma public high school teachers Anthony Crawford and Regan Killackey. For more information about the lawsuit, please see here.Court Case: Black Emergency Response Team v. O'ConnorAffiliate: Oklahoma -
Press ReleaseJun 2025
Free Speech
Immigrants' Rights
Mahmoud Khalil Renews Request for Immediate Release from Illegitimate ICE Detention
NEWARK, N.J. – Mahmoud Khalil’s legal team wrote the court today asking for his immediate release on bail, or, at a minimum, to order his return to New Jersey. The request comes after the government informed the court Friday that it would continue to detain Mr. Khalil in a remote facility in Jena, Louisiana, based on false and pretextual allegations connected with his green card application because a preliminary injunction that entered into effect Friday blocks his detention on purported foreign policy grounds. The federal judge overseeing his case, Michael E. Farbiarz, wrote Friday that, even though the government virtually never detains anyone on such “misrepresentation” charges, the court would not, at this point, prohibit the government from relying upon such pretextual and retaliatory allegations to continue Mr. Khalil’s detention. “The government is making desperate, last ditch attempts to keep my husband unjustly imprisoned,” said Dr. Noor Abdalla, Mahmoud Khalil’s wife. “We are not afraid and will not be intimidated, because we know, and the government knows, it is only a matter of time before Mahmoud is free. The American people are with us, and can see right through the government’s unjust attempts to delay his release. No matter what the government pulls, we will bring Mahmoud home safe.” “Because its outrageous attempt to detain Mahmoud based only on Secretary Rubio’s say-so has been struck down as unconstitutional, the government now stoops to a new low by doing what the federal court said the government virtually never does—detaining a U.S. permanent resident based on an alleged omission in an immigration application,” said Ramzi Kassem, co-director of CLEAR, at CUNY School of Law. “This only further proves Mahmoud’s claim that the government is retaliating against him for exercising his right to speak in defense of Palestinian rights and we won’t stop until he is free.” “Like it has for the past three months, the government is using all of the tools available to it to hinder justice for Mahmoud,” said Brett Max Kaufman, senior counsel in the ACLU’s Center for Democracy. “The government practically never holds people in detention on a charge like this, and it’s clear that the government is doing anything they can to punish Mahmoud for his speech about Palestine. We will not stop until he’s home with his family.” Today’s filing notes that Mr. Khalil is neither a flight risk nor a danger to anyone. It further explains that the court previously recognized that continued detention, based solely on the sorts of misrepresentations alleged by the government, is exceedingly rare and clearly only in further retaliation for his speech on Palestine. “This is just another cruel attempt by the government to punish Mahmoud for his protected speech,” said Marc Van Der Hout, founding partner at Van Der Hout LLP. “Detaining someone on a charge like this is highly unusual and, frankly, outrageous. The district court soundly and clearly rejected DHS’s attempt to deport Mahmoud for speaking out about the genocide in Gaza, and there continues to be no constitutional basis for his detention.” The government’s immigration case on the foreign policy grounds rested entirely on Secretary of State Marco Rubio’s foreign policy “determination,” which the federal court has now enjoined. The government later added the unfounded allegations that Mr. Khalil had not disclosed his previous employment and associations accurately on his green card application. Mr. Khalil’s legal team refuted those allegations with overwhelming evidence which the government did not even attempt to respond to. “This is a classic move from the government’s playbook: make false claims and delay, delay, delay,” said Amy Belsher, director of Immigrants’ Rights Litigation at the NYCLU. “There’s zero legitimate reason for Mahmoud Khalil to remain detained — it's clear that the government's outstanding charge is baseless and retaliatory. No more lies or dragging feet. Mahmoud must be released immediately to go home to his family and newborn son.” “The government’s decision to continue to detain Mahmoud on these patently false and pretextual charges is only more evidence of their cowardly vindictiveness toward him and their unrelenting desire to punish him for speaking out against them and their complicity in genocide,” said Baher Azmy, legal director of the Center for Constitutional Rights. Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the ĚÇĐÄVlogof New Jersey, the ĚÇĐÄVlogof Louisiana, and the ĚÇĐÄVlog (ACLU).Court Case: Khalil v. TrumpAffiliates: New Jersey, New York -
Press ReleaseJun 2025
Civil Liberties
+2 ĚÇĐÄVlog
ĚÇĐÄVlogStatement: 2,100 Protests Take Place Nationwide
WASHINGTON — On June 14, more than five million people nationwide rallied at over 2,100 events across the country, condemning President Trump’s escalating abuses of power. The wave of protests, co-sponsored by the ĚÇĐÄVlog, Indivisible, and a coalition of labor, environmental, and human rights organizations, was the largest mass mobilization since President Trump’s return to office. People gathered everywhere – from Maine to Florida, Pennsylvania to Texas – to demonstrate that they are not intimidated by the un-American tendencies of this administration. “Today’s protests are a resounding message that people across the nation will not be intimidated by President Trump’s fear tactics. Americans are brave, democracy loving people and will not sit idly by as the Trump administration feeds our Constitution into the shredder — nor will the ACLU,” said ĚÇĐÄVlogChief Political & Advocacy Officer Deirdre Schifeling. “In just five months, we have sued the administration dozens of times for their abuses of power, and we will continue to defend our rights. Protecting our democracy isn’t a partisan issue — it’s core to being American. We will use every tool we can, from litigation to legislation to powerful protests in the streets, to stop the unconstitutional actions of this administration and protect our rights.” The day of action caps off a week of unprecedented encroachments on our civil rights. President Trump federalized National Guard troops against the wishes of California Gov. Gavin Newsom and deployed active-duty military to an American city to quell protests. ICE raids and detainments continue to terrorize immigrant communities across the country and ramped up in major cities like Philadelphia, New York, Chicago, Seattle, and Washington, D.C. Administration officials also forcibly ejected and handcuffed Sen. Alex Padilla (D-Calif.), the country’s most senior Latino leader, as he sought answers about the administration’s actions. These events underscore the urgency of organized people power to show solidarity with our communities and resist the Trump administration’s assault on civil liberties. Despite intimidation and violence, the people showed up. As ĚÇĐÄVlogNational Campaign Director for Immigration Anu Joshi told the crowd of over 100,000 at the No Kings flagship march in Philadelphia, “Looking around at the thousands of people here with you — and the millions of people joining events like this across the country — it is clear to me that we cannot be silenced, and we are not afraid. When we know our rights and exercise them, when we protest, when we dissent, when we speak freely, when we act to protect our families, our friends and our neighbors, when we show up, we make progress for all of us.” -
News & CommentaryJun 2025
Free Speech
Read Detained Activist Mahmoud Khalil’s Letter to His Son
The Trump administration has detained Khalil since March for his activism. Ahead of his first Father’s Day, he writes about the grief he has felt being separated from his wife and son.By: ACLU